Springday Privacy Policy
(Last modifed 18 May 2009)
Welcome to mySpringday.com.au, your complete online personal training, health and wellness solution.
At mySpringday.com.au your privacy and the security of your personal information is a major priority for us. We want our members to feel protected when visiting mySpringday.com.au and when using our online programs, tools and online community.
The only information Springday can access regarding your profile is:
Name, plan, birthdate, gender, whether you are pregnant or breastfeeding, your interest, offers, news (as per sign up form)
The only information which is available to the public is
Your username, program, photo (if you choose to put one up) and your points. If you choose to "add to the community view" any other options in your profile, then they will be available to your friends only - NOT the general public.
Below is more detail on the privacy policy.
This Privacy Policy describes what information we gather from you, how we use that information, and what we do to protect it. We hope that this privacy policy is straightforward and clear; however, if you have any questions about it, please e-mail: privacy@myspringday.com.au
Our Website is for use by anyone who is over the age of 18 around the world. Except when fully disclosed, we do not sell, share, license, trade or rent your personal information to other companies or individuals.
Within this privacy policy the terms “Springday”, “we”, “us” and “our” means Springday Pty Ltd ACN: 126 617 025.
The terms of this Privacy Policy shall form part of the Terms and Conditions of Use of this Website and any agreement between you and us (“Agreement”). In case of any inconsistency between the Terms and Conditions of Use and/or any Agreement and this Privacy Policy, the Terms and Conditions and/or the Agreement shall prevail over this Privacy Policy.
Please remember that this Privacy Policy applies only to information collected by Springday. We are not responsible for the privacy practices of third parties or third party websites, even if those other websites are accessed from this Website.
Understanding the Springday Privacy Policy.
1. What information does Springday collect?
To use the Springday Programs, to create your Springday Profile and to participate in the Springday Wellness Community, we collect two types of information when you subscribe.
a. Personally identifiable information and
b. Non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information from which your identity is apparent or can reasonably be ascertained and includes personal information under applicable Australian privacy laws (“Personally Identifiable Information”). Such Personally Identifiable Information may include your name, address, email address, telephone number, birth date, and billing and credit card information. We may request Personally Identifiable Information (which may include health information and other sensitive information) from you when you register to become a subscriber on our Website or in connection with other Online Products we may make available on our Website from time to time. In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us. Unless you give us permission to do so, we will not sell, share, license, trade or rent your Personally Identifiable Information other than as specified in this Privacy Policy.
Non-Personally Identifiable Information
When you become a community user of our Website, subscribe to one of our current Online Products, or in connection with other Online Products we may make available on our Website from time to time, we also may collect information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender) and health information (like current weight) ("Non-Personally Identifiable Information"). Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and anonymous statistical data involving the use of our Website. Non-Personally Identifiable Information is used to help us understand who uses our Website and to improve and market our Website in general and our Online Products in particular.
You do not have to provide Personally Identifiable Information to visit mySpringday.com, however, you do need to provide us with Personally Identifiable Information to subscribe and use all of our Online Products, Springday programs and the Springday community.
2. How does Springday collect personal information (including through the use of cookies and action tags)
We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Website, such as when you subscribe to our Website.
Becoming a Subscriber.
To access Springday Programs, create your profile page or participate in the Springday Community you must become a subscriber. To do so, you will be required to provide us with information (including Personally Identifiable Information) such as name, postcode and email address, and credit card and billing information.
Cookies and Action Tags.
We also collect Non-Personally Identifiable Information passively using “cookies” and “action tags”.
“Cookies” are small text files that are placed on your computer in order to identify (i) your Web browser, (ii) the activities of your computer on our Website and (iii) your activity in connection with our advertisements and other marketing and promotional efforts. Cookies are used to personalise your experience on our Website (such as dynamically generating content on webpages specifically designed for you), to assist you in using our Online Products (such as saving time by not having to reenter your name upon each visit to our Website), and to allow us to statistically monitor how you are using our Website to help us improve our online offerings. We also may use cookies to conduct marketing and promotional efforts, target certain advertisements to your browser, which may be of interest to you, or to determine the popularity of certain content.
In addition to cookies that we place on your computer, cookies may also be placed on your computer by third parties that we use to display or serve advertisements on our Website or to collect Non-Personally Identifiable Information for advertising-related services. In the course of serving advertisements on this Website, third party ad servers may place or recognise unique “cookies” on your browser. Neither these third parties nor their cookies collect Personally Identifiable Information on our Website, and we do not share Personally Identifiable Information with them without your permission.
You do not have to accept cookies to use our Website. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. While you are not required to accept our cookies to access our Website, if you reject cookies, certain products, offerings, features, or resources of our Website (including certain Online Products) may not work properly and you may experience some loss of convenience.
"Action tags," also known as web beacons or GIF tags, are a web technology used to help track anonymous website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of our Website, including advertisements, or email sent on our behalf, may contain action tags. Unlike cookies, action tags are not placed on your computer.
We may select and use different third parties from time to time to track website usage through action tags on our Website and on our advertisements on other websites. For example, these third parties may track anonymous website usage by setting a cookie (or reading a cookie previously placed by them) on users' computers to track the activities of users who view a web page that contains action tags. These third parties may use information about your visits to this Website and other websites in order to provide advertisements about goods and services that may be of interest to you. Periodically, upon our request, these third parties may report the anonymous data that they collect on our behalf back to us for our internal use and analysis and our treatment of this anonymous data is governed by the terms of this Privacy Policy.
By using cookies and action tags together, we are able to gain valuable information to improve mySpringday.com and measure the effectiveness of our advertising and marketing campaigns. We do not disclose any of your Personally Identifiable Information to our advertising partners through the use of cookies or action tags.
Finally, please note that advertisers and other third parties may also use their own cookies or action tags when you click on their advertisement or link to their website or service, on or from our Website. This Privacy Policy does not govern the use of cookies or action tags by advertisers or other third parties.
Referral Programs.
Through third party referral program operators and others, we offer referral programs whereby referral websites can earn commissions through the referral of subscribers or other purchasers to mySpringday.com. To track the earning of such commissions, and to determine the effectiveness of the referral program, the users who become subscribers to mySpringday.com or purchasers through such referral websites are tracked using technologies that do not include Personally Identifiable Information (such as cookies and/or action tags). Our program operators and the referral websites themselves can only access non-Personally Identifiable Information such as data relating to the number of impressions served, the number of transactions completed, and their resulting earnings. They cannot access our customers' personal data.
If you choose to apply to a referral website, we use the data you provide strictly for conducting business with you. We have entered into certain agreements with third party program operators for the purpose of administering our referral programs. Should you become a referral website of ours through one of our third party program operators, any information you provide to them is subject to their privacy policies.
Log Files.
We also collect Non-Personally Identifiable Information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. This information may be used to analyze trends, to administer our Website, to monitor our Website's use, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes such as personalising your experience on our Website and evaluating our Online Products in general.
Email or Refer a Friend.
Through our referral tools on mySpringday.com, a one-time email containing the information you request can be automatically sent to your friend. If you elect to use these referral tools, we will collect from you Personally Identifiable Information about your friend, which you have provided, such as your friend's name and email address. You should use this function only if your friend has consented to receive emails of this kind from you or if such consent can be inferred from your relationship.
3. Who operates this Website?
This Website is operated by Springday . When you provide us with your Personally Identifiable Information, this information may be collected, stored and processed on servers located in Australia.
4. Personal Information and Children
mySpringday.com is not designed for use by children. mySpringday.com is to be only used by individuals who are 18 years and older. Springday does not knowingly collect, use or disclose Personally Identifiable Information from any person we actually know is under the age of 18.
5. What does Springday do with the information we collect.
The information collected on mySpringday.com.au is used to help us understand who uses our Website, how it is used and to improve our Springday Programs or the Springday Community, and for subscription billing purposes, if applicable.
If you become a Springday Subscriber, we will use your information to send you a welcoming email that may confirm your user name and password. If you "opt-in" we may send you electronic newsletters, contact you about mySpringday.com products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding mySpringday.com or, if you are a subscriber, about your billing account status. You will not be able to “opt-out” from these service announcements and updates as they contain important information relevant to your use of mySpringday.com.
We may also use the information gathered on mySpringday.com to perform statistical analysis of user behaviour, to analyse and evaluate issues relating to nutrition, weight loss, behaviour and fitness, or to evaluate and improve mySpringday.com. We may link some of this information to Personally Identifiable Information for internal purposes only or to assist you in achieving your health and wellness goals.
6. Does Springday Disclose Information to 3rd Parties.
Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on mySpringday.com
Third Parties Generally.
We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of mySpringday.com. For example, we might inform third parties regarding the number of unique users who visit mySpringday.com, the demographic breakdown of users of mySpringday.com, or the activities that visitors to our Website engage in while on our mySpringday.com. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.
Outside Contractors.
We may engage independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to our Website or Online Products, such as hosting and maintaining the Springday Community section, providing credit card processing and fraud screening, and developing applications for our Website and email services. These Outside Contractors may sometimes have limited access to information collected on our Website, including your Personally Identifiable Information, in the course of providing products or services to us. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us. We also require that these contractors
a) protect the privacy of your Personally Identifiable Information consistent with this Privacy Policy, and
b) not use or disclose your Personally Identifiable Information for any purpose other than providing us with products or services for which we contracted.
Third Party Sellers.
In addition, through our Website, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services which are sold through a person or company other than us or our Affiliates (collectively, "Third Party Sellers"). We will attempt to make it clear to you when you are dealing with a Third Party Seller by opening a new browser or otherwise notifying you that you are leaving our Website. For example, if you see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than mySpringday.com then you are likely on, or about to enter, a website hosted or operated by a person or company other than us. Third Party Sellers may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. You do not need to submit this information or purchase any products or services from Third Party Sellers to access our Website. By submitting the requested information, you affirmatively consent to have that information collected by the Third Party Seller. This information is used by the Third Party Seller and may be subject to a different privacy policy. We do not otherwise share or disclose your Personally Identifiable Information to Third Party Sellers.
Sale of Business.
We reserve the right to transfer information (including your Personally Identifiable Information) to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of any of us or our Affiliates provided that the third party agrees to adhere to the terms of this Privacy Policy.
* General Considerations
Please keep in mind that:
(a) whenever you voluntarily disclose Personally Identifiable Information online – such as in discussion forums, sharing information in our Community Section or sending private messages through the discussion forums – that Personal Information can be collected and used by others, without your prior consent or knowledge. If you disclose such Personally Identifiable Information, that is accessible to the public, you may receive unsolicited messages from parties who have used that Personally Identifiable Information; and
(b) you are solely responsible for maintaining the security of your passwords and/or any account information. Accordingly, please be careful and responsible with your Personally Identifiable Information, whenever you are online.
Please note that if you provide any Personally Identifiable Information to parties who provide service to this Website or any other websites you encounter on the Internet (even if these websites are branded with our branding), different rules may apply to their use or disclosure of the Personally Identifiable Information you disclose to them. We encourage you to investigate and ask questions before disclosing Personally Identifiable Information to any of those third parties.
7. How does mySpringday.com Secure the Information We Collect?
We want your information (including Personally Identifiable Information) to remain as secure as reasonably possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the Personally Identifiable Information you provide to us via the Internet at the time you elect to become a community user or subscribe to our Online Products, we use Secured Socket Layer (SSL) encryption technology in transmitting such Personally Identifiable Information over the Internet to our servers. We secure the Personally Identifiable Information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees who need access to your information to perform a specific task or function are granted access to such information. In addition, all mySpringday.com employees must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, up to and including termination.
Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.
8. Your right to lodge a complaint
If you are not satisfied with how the Company has handled your Personal Information, you are entitled to lodge a complaint with the Federal Privacy Commissioner. Information regarding how to lodge a complaint is available from the Commissioner's website at www.privacy.gov.au or by ringing the Commissioner's information line on 1300 363 992. However, before investigating a complaint, the Commissioner is legally required to be satisfied that you have first expressed your concern to the Company to afford it an opportunity to resolve the complaint directly, unless it is inappropriate for you to do so. Email our Privacy Coordinator at: privacy@myspringday.com.au
Or, write to our Privacy Coordinator at:
Springday Pty Ltd
PO Box 4047
Castlecrag NSW 2068
Attn: Privacy Coordinator
The Company will inform you who will handle your complaint and you may contact the Company’s Privacy Officer to enquire about the progress of the complaint at any time.
9. Can you access, update or correct your personally identifiable information?
If your Personally Identifiable Information is out-of-date or incorrect, you may inform mySpringday.com of this and we will correct it for you. However, you can correct some of your Personally Identifiable Information held by mySpringday.com in the My Profile feature of this Website. In the unlikely event that mySpringday.com disagrees about the accuracy of the Personally Identifiable Information provided and is unable or unwilling to change it, you may provide Springday with a statement indicating that you dispute its accuracy and Springday will associate that statement with your Personally Identifiable Information in such a manner that it will be brought to the attention of each person who uses the Personally Identifiable Information.
10. What are your choices regarding the collection, disclosure and distribution of Personally Identifiable Information
Except as otherwise described in this Privacy Policy, we will only use Personally Identifiable Information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must "opt-in" and give us permission to use your Personally Identifiable Information for any other purpose. If you no longer wish to receive marketing communications and newsletters from us via postal mail, you may notify us by contacting the Company’s Privacy Officer by mail to PO Box 4047, Castlecrag NSW 2068, by telephone on (02) 9882 6464, by email to privacy@myspringday.com.au. You may change your preference and "opt-out" of receiving other marketing communications and newsletters by changing that option in the My Profile feature of this Website, following the directions provided in association with the communication, or by contacting our Privacy Officer at the address set out above.
Users of this Website are notified when third parties are collecting Personally Identifiable Information on this Website. We do this so you can make an informed choice as to whether you should disclose information to a third party.
11. How will you know if there are any changes to the Springday Privacy Policy?
If we decide to change this Privacy Policy, we will post those changes on mySpringday.com so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use Personally Identifiable Information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your Personally Identifiable Information in the new manner. We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your Personally Identifiable Information. If you do not agree to the terms of this Privacy Policy, you should not use our Website.
12. Who Do I contact if I have a Privacy Question?
If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Privacy Coordinator in any of the following ways:
Email our Privacy Coordinator at:
privacy@myspringday.com.au
Or, write to our Privacy Coordinator at:
Springday Pty Ltd
PO Box 4047
Castlecrag NSW 2068
Attn: Privacy Coordinator
BY USING OUR WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR WEBSITE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.
