Privacy policy

Bearmore Pty Ltd (ACN 675 835 935) (Bearmore, us, our or we) provides a website, web tools and a mobile application that provides users access to educational and instructional material relating to health and wellbeing. (App).

This Policy governs how Bearmore will deal with your Personal Information collected in connection with your usage of our services including via your use of the App, our social media accounts, software and other technological means (Online Platforms), as well as in connection with any direct communication between you and Bearmore.

1. SCOPE OF THIS PRIVACY POLICY

1.1. We understand that when accessing our App, the privacy and confidentiality of Personal Information (as defined under the Privacy Act) is important. That’s why we fully respect your rights to privacy and are committed to protecting the personal and financial details you provide to us in line with this Privacy Policy. This Privacy Policy applies to our Online Platforms and all individuals who use our Online Platforms or whose Personal Information is processed by Bearmore.

1.2. We are committed to protecting the privacy of everyone who uses our Online Platforms, for them to understand what Personal Information we collect and store, and why we do so, how we receive and/or obtain that information, the rights an individual has with respect to their Personal Information in our possession, and with complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act) and the General Data Protection Regulation (EU) 2016.679 (GDPR).  

2. THE INFORMATION WE COLLECT

2.1. We may collect Personal Information that allows us to identify who an individual is and share Personal Information. 

2.2. The type of information we may collect includes:

  1. Personal Information – We may collect personal details such as an individual’s name, location, date of birth, sex and nationality allowing us to identify who the individual is and collect demographic information;

  2. Contact Information – We may collect information such as an individual’s email address, telephone number, third-party user names, residential, business and postal address and other information that allows us to contact the individual; 

  3. Financial Information – We may collect financial information such as bank or credit card details used to transact with us and other information that allows us to transact with users and/or provide them with access to certain facilities within our App; and 

  4. Statistical Information – We may collect behavioural and statistical information about an individual in connection with the App and/or the Online Platforms.

2.3. We may collect sensitive information related to users’ health as part of the use of the App. This information may include, but is not limited to, data about users’ medical history, biometric data, physical activity levels, dietary preferences, and other health-related data that may be provided to us directly through the use of the App or that is collected through integrated health tracking features and devices. We collect this information only when it is reasonably necessary for the functionality of the App, in accordance with the Privacy Act. We will obtain your consent before collecting any sensitive health information, which may be facilitated through App.

3. WHY WE COLLECT PERSONAL INFORMATION

3.1. We collect your Personal Information, including in some instances sensitive health information, so that we can carry out the following actions:

  1. to provide and enhance our App’s features and functionalities, which include delivering personalised information and recommendations about health and fitness;

  2. to enable users to use our Online Platforms, including accessing health-related content and tracking progress;

  3. to communicate with users, including about our App's services and offers that might interest users;

  4. to provide users with information or advice related to health and fitness;

  5. to process payments by or to users in connection with our App;

  6. to create accounts, tax invoices, or receipts;

  7. to consider and respond to complaints or other feedback from users;

  8. to conduct research and analysis to improve the App’s health and fitness offerings, ensuring they are relevant and beneficial to our users.

  1. We may disclose additional purposes for collection of personal and/or sensitive information in collection statements at the point of collection.

4. HOW INFORMATION IS COLLECTED

4.1 Information is collected in association with your use of the App, an enquiry about Bearmore or generally dealing with us directly or via our Online Platforms.

5. WHEN PERSONAL INFORMATION IS USED & DISCLOSED

5.1. Other than with the individual’s permission or required by law, we will not use any Personal or Sensitive Information other than for the purpose for which it was collected. 

5.2. We will retain Personal and Sensitive Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

5.3. Subject to clauses 8 and 14, we will not sell an individual’s Personal Information to unrelated third parties.

5.4. There are some circumstances in which we must disclose an individual’s information:

  1. where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;

  2. as required by any law (including the Privacy Act and GDPR); and/or

  3. in order to sell our business (in that we may need to transfer Personal and/or Sensitive Information to a new owner).

6. SENSITIVE INFORMATION

6.1. Sensitive information is information about you that reveals your personally identifiable information such as your name, address, date of birth, Medicare number, medical history, notes made during the course of your consultations, reports and referrals to other healthcare service providers, results and reports received from other healthcare services providers, racial or ethnic origin, religious or philosophical beliefs or affiliations, disability or sexual orientation.

6.2. It is our policy to only collect your sensitive information where it is reasonably necessary for our functions or activities and either you have consented or we are required or authorised under law to do so.

7. OPTING “IN” OR “OUT”

7.1. By installing our App, you expressly consent to the collection and use of your Personal and Sensitive Information in accordance with this privacy policy. 

7.2. An individual may opt to not have us collect their Personal or Sensitive Information (for example by unsubscribing to any marketing emails received). This may prevent us from offering them some or all of our Services and may terminate that individual’s access to some or all of the Services they access with or through us via the App and/or Online Platforms. 

7.3. If an individual believes that they have received information from us that they opted out of receiving, they should contact us on the contact details set out in clause 15.

8. DE-IDENTIFIED INFORMATION 

8.1. We may use Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business. We may also provide, including by way of sale, de-identified information in aggregated form, to third parties. This information may include (but is not limited to) customer demographic data. 

8.2. When users’ Personal Information is included in de-identified, aggregated data, it is not possible to identify individuals or anything about individuals from that data.

9. COOKIES

9.1 We may use temporary (session) cookies or permanent cookies when users’ access our Online Platforms and/or the App. This allows us to recognise users’ browser and track the web pages visited. Users can switch off cookies by adjusting their web browser settings (if applicable).

10. THE SAFETY & SECURITY OF PERSONAL INFORMATION

10.1. We may hold Personal and Sensitive Information in either electronic or hard copy form. 

10.2. We use industry standard security measures to safeguard and protect users’ information. 

10.3. We may disclose users’ Personal and Sensitive Information to third parties and service providers located overseas in connection with any purpose, including to overseas cloud computing hosts. We take reasonable steps to ensure that the overseas recipients of such information do not breach the privacy obligations relating to users’ Personal and Sensitive Information.

10.4. We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal and Sensitive Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

10.5. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal and/or Sensitive Information, they should let us know immediately. 

10.6. Where we become aware of any breach to our security systems that breaches or is likely to result in a breach of users’ rights or freedoms with respect to their Personal and/or Sensitive Information, we will notify users and any supervisory authority as required. 

10.7. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal or Sensitive Information where we were authorised to provide that person with the Information.

11. HOW TO ACCESS AND/OR UPDATE INFORMATION

11.1. If you would like us to update or amend your Personal and/or Sensitive Information, please contact us on the contact details set out in clause 15 and we will make the requested amendments.

11.2. We may ask users to verify their identity to ensure that Personal Information we hold is not improperly accessed.

12. RIGHT TO BE FORGOTTEN

12.1. In the event that you decide that you no longer want us to hold your Personal and/or Sensitive Information, you may notify us in writing on the contact details set out in clause 15 of your desire for us to delete your Personal and/or Sensitive Information on record. We will use our best endeavours and comply with all legal requirements within a reasonable timeframe to delete your Personal and/or Sensitive Information, unless we are required by law to retain such information.

13. LINKS

13.1. Links from our Online Platforms or via our Services to third party services that we do not operate or control are provided for convenience. We are not responsible for the privacy or security practices of services that are not covered by this Privacy Policy. Third party services should have their own privacy and security policies which we encourage users to read before supplying any Personal Information to them.

14. DIRECT MARKETING

14.1. We and/or our third party business providers may contact users with direct marketing communications and information about the other products and services offered by us via telephone, email, SMS, or regular mail.

14.2. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.

14.3. You may opt out of receiving marketing communications at any time by responding via the channel in which you received the marketing communication (e.g. by clicking an unsubscribe link), or by contacting us on the contact details set out in clause 15. 

15. COMPLAINTS AND DISPUTES

15.1. If an individual needs to contact us or has a complaint about our handling of their Personal Information, they should address their communication in writing to the details below:

Attention Privacy Officer

Address: 253 David Low Way, Peregian Beach QLD 4573

Email: privacy@bearmore.com

15.2. If we have a dispute regarding an individual’s Personal and/or Sensitive Information, we both must first attempt to resolve the issue directly between us.

15.3. If we become aware of any unauthorised access to an individual’s Personal and/or Sensitive Information we will inform them and any supervisory authority as required at the earliest practical opportunity once we have established what was accessed and how it was accessed.

16. GDPR

16.1. If you are: 

  1. a resident of the European Union accessing our App or Online Platforms in Australia; or

  2. accessing our App or Online Platforms from within the European Union, 

then in addition to our obligations under the Privacy Act, Bearmore is required to comply with the GDPR with respect to your Personal Information.

16.2. Any reference to Personal Information in this Privacy Policy is also a reference to Personal Data (as defined under the GDPR). 

16.3. Bearmore takes the security and privacy of your Personal Information seriously and has prepared this Privacy Policy and taken measures to collect, process and hold all Personal and/or Sensitive Information in compliance with both the Privacy Act and GDPR regardless of the user. Therefore, no additional terms for GDPR users are required. 

17. ADDITIONS TO THIS POLICY

17.1. If we decide to change this Privacy Policy, we will post the changes on our website. Please refer back to this Privacy Policy to review any amendments.

Version Date: October 2024

Ditch the fads and join the Bearmore community