Privacy policy
At Fit by the Figure, we value your privacy and are committed to protecting your personal information. This
privacy policy outlines how we collect, use, and protect your information when you visit our website or use
our services.
Fit by the Figure (www.fitbythefigure.com) is a website and mobile application operated by Number Fifty8
Pty Limited ABN 649 643 345 (‘NF8, we, us and our’).
You consent to us collecting, holding, using and disclosing your personal information in accordance with this
policy.
What is personal information?
The collection, use and disclosure of personal information is governed by the Privacy Act 1988 (Cth) (Privacy
Act) and the Australian Privacy Principles (APPs).
Personal information is any information or an opinion about an identified individual or an individual who can
be reasonably identified from the information or opinion. Information or an opinion may be personal
information regardless of whether it is true.
What personal information do we collect and hold?
We may collect personal information from you, such as your name, email address, phone number, and other
contact information, when you visit our website or use our services or purchase our products (where
applicable). We may also collect information about your usage of our website through the use of cookies or
other tracking technologies.
We may collect information about how you access, use and interact with the website We do this by using a
range of tools such as Google Analytics, Meta Pixel, Stripe, PayPal, Apple Inc and the Google Play Store. This
information may include:
the location from which you have come to the site and the pages you have visited; and
technical data, which may include IP address, the types of devices you are using to access the website, device
attributes, browser type, language and operating system.
We use cookies on the website. A cookie is a small text file that the website may place on your device to
store information. We may use persistent cookies (which remain on your computer even after you close
your browser) to store information that may speed up your use of our website for any of your future visits to
the website. We may also use session cookies (which no longer remain after you end your browsing session)
to help manage the display and presentation of information on the website. You may refuse to use cookies
by selecting the appropriate settings on your browser. However, please note that if you do this, you may
not be able to use the full functionality of the website.
Why do we collect, hold and use your personal information?
We collect, hold and use your personal information so that we can:
provide you with products and services, and manage our relationship with you;
suggest the best possible option for you based on the information and details you provide, including your goals and
preferences, and offer tailored workouts and meals accordingly.
contact you, for example, to respond to your queries or complaints, or if we need to tell you something important;
developing and growing our business and services (such as identifying client needs and improvements in service
delivery);
maintaining, administering and managing our website and systems and applications;
comply with our legal obligations and assist government and law enforcement agencies or regulators;
or identify and tell you about other products or services that we think may be of interest to you.
If you do not provide us with your personal information, we may not be able to provide you with our
products or services, communicate with you or respond to your enquiries.
How do we collect your personal information?
We will collect your personal information directly from you whenever you interact with us.
We may collect information from third parties such as:
Apple Inc;
Alphabet Inc.
How do we store and hold personal information?
The security of your personal information is extremely important to us. To prevent any unauthorised access
or disclosure, we have implemented appropriate physical, electronic, and managerial security measures.
These procedures aim to safeguard and secure personal information, protecting it from misuse,
interference, loss, unauthorised access, modification, and disclosure.
Please note that we cannot guarantee the security of any information transmitted to or from us over the
internet. The transmission and exchange of information is at your own risk. While we take reasonable
precautions to prevent unauthorised disclosures, we cannot provide absolute assurance that the personal
information we collect will never be disclosed in a manner inconsistent with this Privacy Policy.
How we treat personal information that is also sensitive information
Sensitive information is a subset of personal information that is given a higher level of protection under the
APP. Sensitive information means information relating to your racial or ethnic origin, political opinions,
religion, trade union or other professional associations or memberships, philosophical beliefs, sexual
orientation or practices, criminal records, health information or biometric information.
We only collect, hold, use and disclose sensitive information for the following purposes:
any purposes you consent to;
the primary purpose for which it is collected;
secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure
to the above listed third parties as reasonably necessary to provide our services to you;
to contact emergency services, or to speak with your family, partner or support person where we reasonably believe
there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain
your consent; and
if otherwise required or authorised by law.
Who do we disclose your personal information to, and why?
We will never sell, rent or disclose your personal information to third parties without your consent, unless
required by law or permitted by the Privacy Act. We may share your personal information with:
our employees or contractors;
our business partners and affiliates; and
our trusted third-party service providers who assist us in providing our goods or services to you, such as
payment processors, shipping providers, debt collectors, marketing agencies or website hosting
providers.
If the ownership or control of all or part of our business changes, we may transfer your personal information
to the new owner.
We may also disclose your personal information to courts, tribunals and regulatory authorities, if:
you fail to pay for goods or services we have provided to you;
in connection with any actual or prospective legal proceedings;
in order to establish, exercise or defend our legal rights; or
as required by law.
Do we disclose personal information to overseas recipients?
Personal information may be stored in overseas. If we share your personal information with the third parties
listed above, they may also store, transfer, or access personal information outside of Australia. We will only
disclose your personal information to third parties in countries that have laws protecting personal
information in a manner similar to the Australian Privacy Principles, unless we have obtained your consent
for the overseas disclosure of your personal information. Alternatively, we will take reasonable steps,
considering the circumstances, to ensure that overseas recipients protect your personal information in
accordance with the Australian Privacy Principles.
Do we use your personal information for marketing?
We want to make sure that we provide you with products and services that you’ll love, so we may use your
personal information to offer you products and services that we think might interest you. However, if you
prefer not to receive these offers, just let us know and we won’t send them to you. These offers may come
from us, our related companies, our business partners, or our service providers.
If you receive marketing emails from us, you can easily opt-out of receiving further emails by following the
instructions provided in the email.
Access to and correction of your personal information
You have the right to access and correct any personal information we hold about you. If you want to do so,
just contact us using the details provided below. However, there may be some situations where we’re not
able to give you access to your information.
We won’t charge you for requesting access to your information, but if your request requires us to do a lot of
work, such as photocopying or compiling a lot of material, we may need to pass on some reasonable costs to
you.
We will endeavour to respond to your request to access or correct your personal information as quickly as
we can. We will also do our best to make sure that the information we hold about you is accurate and up-to-
date.
Your rights under the EU GDPR
Under the European Union (EU) General Data Protection Regulation (GDPR), as a data subject you have the
right to:
access your data;
have your data deleted or corrected where it is inaccurate;
object to your data being processed and to restrict processing;
withdraw consent to having your data processed;
have your data provided in a standard format so that it can be transferred elsewhere; and
not be subject to a decision based solely on automated processing.
(Data Subject Rights)
We have processes in place to deal with Data Subject Rights requests. Our actions and responsibilities will
depend on whether we are the controller or processer of the personal data at issue. Depending on our role
as either a controller or processor, the process for enabling Data Subject Rights may differ, and are always
subject to applicable law. We offer a self-service option in some situations that directly allows you to access,
correct, or delete the personal data that you may have provided. Please refer to the Contact Details section
of this policy if you would like to make a Data Subject Rights request or have a specific need for assistance
with a Data Subject Rights request.
Data Retention
We will retain your personal information for as long as necessary to fulfill the purposes outlined in this
Privacy Policy, unless a longer retention period is required or permitted by law.
If you no longer wish for us to retain your personal information, you may request its deletion by contacting
us using the contact details provided in this Privacy Policy. However, please note that we may be required to
retain certain information for legal or regulatory purposes, to resolve disputes, prevent fraud, enforce our
agreements, or as otherwise required or permitted by applicable law.
In the event of a change in our data retention practices that may affect your personal information, we will
provide you with notice of such change in accordance with applicable laws and regulations.
Complaints
We take your privacy seriously, and we want to make sure that we’re always doing the right thing by you. If
you have a compliant about the way we’ve handled your personal information or you have any other
privacy-related concerns, please get in touch with us using the contact details below.
We promise to listen to your complaint and investigate it thoroughly. We’ll keep you updated on the
outcome of our investigation and any subsequent internal investigations.
If you’re still not satisfied with the way we’ve handled your privacy issue, you can reach out to an
independent advisor for guidance. Alternatively, you can contact the Office of the Australian Information
Commissioner (OAIC) for advice on other steps you can take. You can find their website at www.oaic.gov.au.
At the end of the day, we’re committed to resolving any privacy issues quickly and to your satisfaction. So
please don’t hesitate to contact us if you need to.
Contact details
If you have any questions, comments, requests or concerns, please contact us at:
Number Fifty8 Pty Limited ABN 649 643 345
Email: support@fitbythefigure.com
Last updated: 2 November 2023
Changes to this policy
We may update this privacy policy from time to time to reflect changes in our practices or legal obligations.
We encourage you to review this privacy policy periodically to stay informed about how we are protecting
your personal information.
If you have any questions or concerns about our privacy policy or how we use your personal information,
please don’t hesitate to contact us. We’re always happy to help!