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Privacy Policy

James Smith Academy Pty Ltd ACN 621 129 511 (James Smith Academy, us, our, and/or we) is committed to protecting and respecting your privacy.

This privacy policy (Policy) is compliant with the requirements of the Privacy Act 1988 (Cth) (as amended and supplemented from time to time) (the Act) and the Australian Privacy Principles (APPs) and is available free of charge for you to access on our website at www.jamessmithacademy.com/privacy/.

Please be aware that except to the extent required by law, or when it is deemed impracticable to do so, you have the option of remaining anonymous, or using a pseudonym, when dealing with us in relation to a particular matter.

1. SCOPE OF POLICY

This Policy applies to all information or opinion about an identified individual or an individual who is reasonably identifiable (you), whether the information or opinion is true or not, and whether the information is recorded in a material form or not (Personal Information) that is collected, stored, used and disclosed by James Smith Academy.

In this policy, we explain the kinds of Personal Information we collect, how and why we collect and use it, and what controls you have over our use of it.

Please read the following carefully to understand our practices regarding the collection and use of your Personal Information.

2. PERSONAL INFORMATION THAT JAMES SMITH ACADEMY COLLECTS AND HOLDS

The Personal Information collected, held, used and disclosed by us includes, but is not limited to, the following information about you:

  1. name and/or username;

  2. date of birth (see section 3 below);

  3. gender;

  4. country of residence;

  5. email address;

  6. profile photo;

  7. password to your account;

  8. medical/health information (see section 3 below);

  9. a record of pages you visit on our website or app (JSA App);

  10. information collected through the use of cookies as set out in, and in accordance, with our Cookies Policy at https://www.jamessmithacademy.com/cookies-policy/;

  11. information and data about you received from third party services and organisations ā€“ including but not limited to the Apple App Store, Google Play Store and Facebook;

  12. information about any complaints you may lodge; and

  13. information about or related to your customised training program, support provided to you by our coaches or any other service we provide you through our website or app.

Some of the above information may also be classified as ā€œhealth informationā€ under the Act. Please see section 3 below for details about how we might collect, hold, use or disclose health information about you.

Information related to purchasing a subscription, including but not limited to billing address, phone number and payment information such as a credit card number (Financial Information) is processed by our third party processors and we do not collect, store or maintain your Financial Information unless we tell you otherwise at the time of your purchase. For more information about Financial Information please see section 4 below.

3. HEALTH INFORMATION AND SENSITIVE PERSONAL INFORMATION

Given the nature of our business as provider of online fitness resources, we may also collect some sensitive information about you, for example, information about your health, which is afforded a higher level of privacy protection.

The Act includes the following information as ā€œhealth informationā€:

  1. information or an opinion about the health (including illness, disability or injury) of an individual);

  2. the individualā€™s expressed wishes about the future provisions of health services provided to him or her; or

  3. personal information which is collect as part of providing a ā€œhealth serviceā€, collectively, ā€˜Health Informationā€™.

Under the Act, a ā€œhealth serviceā€ includes (among other things) any activity intended or claimed to assess, maintain or improve an individualā€™s health, or to record the individualā€™s health for the improving or managing the individualā€™s health.

Health Information which we might collect about you includes, but is not limited to:

  1. any medical issues (as may be relevant to your use of Coach Support, Training Programs or similar services we provide to you);

  2. your health situation (for example, whether you are injured, pregnant or disabled, to the extent relevant to your use of the Coach Support, Training Programs or other similar services we provide to you);

  3. your current height, weight, BMI and measurements;

  4. what facilities or equipment you use to train;

  5. training frequency;

  6. training experience;

  7. information and data about you received from third party services and organisations ā€“ including but not limited to the Apple Health App, Fitbit and Garmin;

  8. activity data, such as step count, sleep cycle, nutrition and workouts;

  9. progress management ā€“ a weekly photo of you, and record of height, weight, measurements and similar information, as you work towards your goals through our program;

  10. progress management ā€“ a record of your progress in weekly exercises;

  11. your daily calorie requirements calculated using the calorie calculator on our website or app;

  12. your specific nutritional requirements;

  13. a description of your fitness and nutrition goals; and

  14. any other information required for the provision of our programs to you.

We will not collect, use or disclose any of your Health Information except to the extent necessary to provide a health service to you through our programs, and will ensure that any Health Information is collected, used and disclosed only in accordance with rules established by other competent health or medical bodies (where applicable) that deal with obligations of professional confidentiality.

4. THIRD-PARTY PAYMENT PROCESSING

When you make purchases through our website or app, the Apple App Store, Google Play Store or other third party application, your payments are processed by a third party processor.

In these instances, the third party processor may collect certain Financial Information from you to process a payment on behalf of JSA, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party processorā€™s terms, conditions and privacy policies.

5. HOW JAMES SMITH ACADEMY COLLECTS AND HOLDS PERSONAL INFORMATION

We will only collect Personal Information from you directly, unless it is unreasonable and impractical to do so.

We may collect Personal Information from you directly in the following ways:

  1. if you subscribe to a membership with James Smith Academy or create an account on our website or app;

  2. if you log into your account using your social media or another third party account (for example, Apple ID or Facebook account);

  3. if you request assistance or advice from our online coaches;

  4. if you make a request for support online, by the app, by email or by telephone;

  5. if you participate in promotional offers;

  6. if you choose to subscribe to our mailing list;

  7. if you redeem a coupon issued by James Smith Academy;

  8. through the use of cookies as set out in, and in accordance, with our Cookies Policy at https://www.jamessmithacademy.com/cookies-policy/; and

  9. if you disclose information such as contact details via our website or app.

In a situation where it is unreasonable or impractical to obtain Personal Information from you directly, you may be asked to consent to our collection of your Personal Information from a third-party.

We will always notify you after any of your Personal Information has been collected by us from a third party.

James Smith Academy holds Personal Information in databases hosted on servers based in the United States (including on servers through Heroku, Amazon Web Services (AWS), Google and Uploadcare). None of these servers are based in Australia.

We take reasonable steps to:

  1. protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure;

  2. ensure that our system is appropriately backed-up to prevent the loss of your Personal Information; and

  3. destroy or de-identify Personal Information when it is no longer required.

Some security measures that we have in place to protect your Personal Information include the following:

  1. access to the database where your personal information is stored is restricted to particular authorised staff members;

  2. the password for database access is changed frequently;

  3. we use well-known and widely used development technology to run and maintain our website; and

  4. our hosting providers manage the server and database protection in accordance with standard web practices.

In the case that any of the Personal Information held by James Smith Academy is lost, or subjected to unauthorised access, modification, disclosure or other misuse or interference, we will notify you immediately and advise you of the steps you should take in response to the breach. Additionally, if we receive any unsolicited Personal Information (i.e. we inadvertently obtain information about you that we did not request) we will determine whether we would have been able to obtain the information by the methods described in this section 4. If not, we will, as soon as practicable, destroy the information and ensure that the information is de-identified.

6. PERSONAL AND HEALTH INFORMATION COLLECTED BY JAMES SMITH ACADEMY FROM THIRD PARTIES

We may obtain Personal Information (including Health Information) about you from external or third party sources, including but not limited to the following circumstances:

  1. when you use a social media account (eg Facebook, Instagram, Apple or Google) to register or log into your account or subscribe to a membership with James Smith Academy, we may collect Personal Information about you in connection with social networking services (for example, your name, gender, profile photo and information, people you follow or who follow you, your email address, date of birth, work history, education history, interests, country/area of residence, a record of pages or websites you visit and/or any preferences);

  2. when you connect a third party device and/or app to James Smith Academy and/or the JSA App. For example, you may connect your Apple Health App, Fitbit or Garmin device or account to the JSA App and/or our website and your information (including Personal Information and Health Information such as height, weight, BMI, measurements, step count, sleep cycle, nutrition and workouts) from these devices and apps will be passed along to James Smith Academy.

We may also supplement certain information that we collect from you with information provided by external or third party sources.

7. THE PURPOSE FOR WHICH JAMES SMITH ACADEMY COLLECTS, HOLDS, USES AND DISCLOSES PERSONAL INFORMATION

Personal Information which is collected by James Smith Academy will be held, used and disclosed by us for the primary purpose of providing training and fitness regimes to our customers including:

  1. personalising our fitness regimes to help you achieve your individual fitness goals;

  2. formulating our fitness programs to suit your individual health requirements;

  3. providing you with the tools necessary to determine your nutritional requirements and track your food intake;

  4. notifying you of account activity or update (such as a completed training program, group comment or weekly check-in);

  5. sending you an email to notify you of any account changes or updates to our services (such as coach updates to our user programs, training group comments, or weekly check-ins);

  6. supporting and enhancing our relationship with you (this includes processing your membership subscription, providing you with better support and service and sharing company news and information with you);

  7. to provide insights into the progress and experiences of James Smith Academy members; and

  8. to deal with complaints.

James Smith Academy may also disclose Personal Information to the extent required or authorised by applicable law, but otherwise will never do so without your consent or otherwise as expressly provided for in this Privacy Policy.

James Smith Academy does not sell any of your Personal Information to third parties.

8. OVERSEAS STORAGE AND DISTRIBUTION OF PERSONAL INFORMATION

As set out in section 5 above, your Personal Information is stored on servers hosted in the United States through third-party hosting services such as Heroku, AWS, Google and Uploadcare.

We will not distribute the Personal Information you provide to another foreign entity unless we are required to do so by law or you provide your express consent to such a disclosure. Before disclosing any of your Personal Information to a foreign entity, we would also take reasonable steps to ensure that the entity to whom we disclose the information does not breach any of the Australian Privacy Principles.

9. CONSEQUENCES IF ALL OR SOME PERSONAL INFORMATION IS NOT COLLECTED

You do not have to provide us with any Personal Information. However, if you choose to withhold any requested information, you may not be able to utilise our full offering, access special promotions or we may not be able to provide you with personalised support that is dependent upon the collection of such information.

10. HOW LONG WE RETAIN YOUR PERSONAL INFORMATION

We will only retain your Personal Information for as long as necessary to provide our services (as described in section 7 above) to you.

11. ACCESS, CORRECTION AND DELETION OF PERSONAL INFORMATION

You have a right to request access to your Personal Information and/or Health Information and to request its correction and/or deletion, by emailing us at contact@jamessmithacademy.com or by otherwise sending your request to the address specified in section 12 below.

Upon receipt of a written request from you, we will:

  1. give you access to the Personal Information and/or Health Information we hold about you within 30 days of receiving your request unless an exception to access applies under the Privacy Act; and

  2. comply with our obligations under the Privacy Act to correct, amend, delete or cease to deal with any Personal Information and/or Health Information we hold about you if it proves to be factually inaccurate, incomplete, or irrelevant to the purpose(s) for which it is being held within 30 days. If a request is made to delete your Personal Information and/or Health Information, we will take all reasonable steps to delete the information except where the information is required for legal reasons.

12. COMPLAINTS PROCESS

If you have a complaint about the way we have dealt with your Personal Information please make a complaint in writing to our Customer Support Manager, whose details are included in section 13 below. We will respond to all complaints within 30 days.

Please note that you may lodge your complaint anonymously. However, this may limit our ability to deal with your complaint and implement a satisfactory remedy.

If you do not receive a response from us within the specified period, or are dissatisfied with our response, you may then lodge your complaint with the Office of the Australian Information Commissioner (OAIC). To lodge a complaint with the OAIC you can either submit a Privacy Complaint Form online or submit the form to the OAIC by mail, fax or email. The Privacy Complaint Form and further details on how to lodge a complaint with the OAIC can be accessed via the OAIC website at: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint.

13. CUSTOMER SUPPORT MANAGER CONTACT DETAILS

By Email:
support@jamessmithacademy.com

By post:
The Privacy Officer
James Smith Academy Holdings Pty Ltd
11 Wembley Road
Moss Vale NSW 2577

14. UPDATES TO OUR PRIVACY POLICY

We may amend this Policy from time to time. We will notify you of any updates, changes or amendments to this Policy by posting on the JSA App and/or Website. The updated Policy will take effect (unless we specify a later date):

  1. for new users or for personal information that you provide on or after the updated Policy is posted or notified to you, from the date of posting or notification (whichever earlier);

  2. for existing users (other than personal information that you provide after the updated Policy is posted or notified to you), 7 days after we notify you that the Policy has been updated.

By continuing to use the JSA App, Website and/or Services after the applicable date set out above, you agree to the terms of the updated Policy.

If you are an existing user and do not wish to agree to the terms of an updated Policy, you must notify us within 7 days of being notified of the updated Policy. Such a notification will be treated as a request to delete your personal information under section 11 of this Policy and will be handled in accordance with that section.


This privacy policy was last updated on 8 November 2023.