Effective from 25/09/2024. Updated on 25/09/2024.
MaleMomentum Pty Ltd ACN 679 160 215 (MaleMomentum, 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 and is available free of charge for you to access on our website at https://www.malemomentum.com/.
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.
This Policy adopts the definitions and defined terms set out in our Terms of Service at https://www.malemomentum.com/ unless the context or this Policy specifies otherwise.
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 MaleMomentum.
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.
The Personal Information collected, held, used and disclosed by us includes, but is not limited to, the following information about you:
name;
usernames (including any usernames with your accounts with Affordable Online Coaching and Discord);
date of birth (see section 3 below);
gender;
country of residence;
email address;
profile photo;
password to your account;
medical/health information (if applicable, see section 3 below);
information and data about you received from third party services and organisations – including but not limited to the Apple App Store, Google Play Store, Facebook and Discord; and
information about any complaints you may lodge.
Some of the above information may also be classified as “health information” 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.
We (MaleMomentum) do not collect health information or sensitive personal information.
However, if you purchase a subscription from MaleMomentum, that includes access to the AOC App and Website operated by Affordable Online Coaching Pty Ltd ACN 621 129 511 (AOC) or includes any AOC Products and Services, AOC may collect and hold health information or sensitive personal information as set out in, and in accordance with, AOC’s Privacy Policy. The AOC Privacy Policy can be accessed via the AOC website (https://www.jamessmithacademy.com/privacy/).
AOC is an affiliate and related body corporate (as defined in the Corporations Act 2001 (Cth) of MaleMomentum.
Some of the types of information that AOC may collect and hold that constitute “health information” under the Act include:
information or an opinion about the health (including illness, disability or injury) of an individual);
the individual’s expressed wishes about the future provisions of health services provided to him or her; or
personal information which is collect as part of providing a “health service”,
collectively, ‘Health Information’.
Under the Act, a “health service” includes (among other things) any activity intended or claimed to assess, maintain or improve an individual’s health, or to record the individual’s health for the improving or managing the individual’s health.
Health Information which AOC may collect about you includes, but is not limited to, any medical or health issues (as may be relevant to your use of or access to the AOC App and Website), your training experience, your height, weight, BMI and measurements and activity data, such as step count, sleep cycle, nutrition and workouts.
For more information about what health information or sensitive personal information AOC may collect about you in connection with your use and access to the AOC App and Website, please see AOC’s Privacy Policy which is available at https://www.jamessmithacademy.com/privacy/.
We (MaleMomentum) will not collect, use or disclose any of your Health Information (where applicable) except to the extent necessary to provide Our Services to you, and will ensure that any Health Information collected, used and disclosed by MaleMomentum is only in accordance with rules established by other competent health or medical bodies (where applicable) that deal with obligations of professional confidentiality.
When you make purchases through our Website, 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 MaleMomentum or AOC (where applicable), 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 processor’s terms, conditions and privacy policies.
We will only collect Personal Information from you directly, unless it is unreasonable or impractical to do so.
We collect Personal Information from you in a variety of ways, including:
if you purchase a MaleMomentum subscription;
if you create a User Account with us;
if you create an AOC User Account with AOC, we will collect and hold your username of your AOC User Account;
if you log into your account using your social media or another third party account (for example, Apple ID, Facebook or Discord account);
if you participate in promotional offers;
if you choose to subscribe to our mailing list;
if you disclose information, such as contact details via the MaleMomentum Community or our Website; and
if you connect with us on, join or participate in the MaleMomentum Community.
By submitting Personal Information through the MaleMomentum Community or Website, you agree to the terms of this Policy, and you expressly consent to the collection, use and disclosure of that Personal Information in accordance with this Policy.
Information collected from our Affiliates and/or third parties: 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 our Affiliates (eg AOC) and/or a third party.
MaleMomentum 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.
Security of your Personal Information: We take reasonable steps to:
protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure;
ensure that our system is appropriately backed-up to prevent the loss of your Personal Information; and
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:
access to the database where your personal information is stored is restricted to particular authorised staff members;
periodic and ad hoc penetration and security testing;
all persons with access to servers, database and sensitive information must use two- factor authentication;
all persons with access to servers, database and sensitive information must change their password frequently;
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 MaleMomentum 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 5. If not, we will, as soon as practicable, destroy the information and ensure that the information is de-identified.
Please notify us immediately if you become aware of any actual or suspected unauthorised use of your User Account or Login Details, or any breach of security relating to your User Account on our Website.
We may obtain Personal Information about you from external or third party sources, including but not limited to, when you use a social media account (eg Facebook, Instagram, Apple, Google or Discord) to register or log into your account or subscribe to a membership with MaleMomentum. 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 and/or any preferences).
We may also supplement certain information that we collect from you with information provided by external or third party sources.
Personal Information which is collected by MaleMomentum will be held, used and disclosed by us for the primary purpose of providing access to the MaleMomentum Community, our Website and/or Our Services, including:
sending you an email to notify you of any account changes or updates to Our Services;
providing your MaleMomentum username and email address to AOC, and obtaining your AOC username, so that your User Account can be linked to your AOC User Account as part of any subscription you have purchased with MaleMomentum;
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);
to provide insights into the progress and experiences of users;
to research, analyse, develop, troubleshoot and improve our services;
to market and promote content, activities and events through the MaleMomentum Community, Website and AOC App and/or Our Services generally;
sending you emails and/or phone notifications regarding:
any verification of ownership of any email address and/or phone number provided when your User Account was created;
any security or support and maintenance notifications;
our Terms of Service or any of our policies (including this Policy) and any updates;
newsletters, surveys, offers, and other promotional materials related to the MaleMomentumCommunity, AOC App and for other MaleMomentum marketing purposes;
any account activity, changes or updates to the MaleMomentum Community, Website or AOC App (such as any content, updates or posts from other users); and/or
any messages you may have received from any user through the MaleMomentum Community;
providing improved administration of the MaleMomentum Community, our Website and/or Our Services;
tailoring the features, performance and support of the MaleMomentum Community, our Website and/or Our Services to you, and to recommend any content that may be of interest to you based on your preferences and usage of and access to the MaleMomentum Community;
to provide insights and analytics to enhance the progress and quality of the experiences of users when you access and/or use the MaleMomentum Community, our Website and/or Our Services; and
to deal with complaints and to respond to your inquiries or requests and/or troubleshoot problems.
External service providers and third parties: We may also disclose your Personal Information to our external service providers and advisers who have been engaged to provide us with legal, administrative, financial, accounting, auditing, insurance, research, marketing, business consulting, technology, support or other services. In addition, we may disclose your Personal Information to:
other external service providers, consultants, or business partners of ours who may work with us to improve or develop the MaleMomentum Community, Website and/or Our Services, operate or develop our business, conduct surveys or seek feedback from you, conduct market and other research, or facilitate or collaborate with us in relation to promotions (including any aggregated or anonymised data about our users);
without limiting the above subparagraph, providers of consumer review websites or platforms, to enable those providers to send you an invitation to leave a review of the MaleMomentum Community, Website and/or Our Services.
MaleMomentum may disclose Personal Information in accordance with your preferences, as needed to run and improve our business and provide Our Services, including making available the MaleMomentum Community and/or facilitating access to the AOC App 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.
Discord: The MaleMomentum Community is accessible through the Discord platform. To access and join the MaleMomentum Community, you must have a user account with Discord. Discord has its own terms, policies and community guidelines, including its own privacy policy as to how it collects, uses, stores and share your Personal Information which is available at https://discord.com/privacy. Those terms and policies apply to your use and access to the MaleMomentum Community which you must follow when accessing the MaleMomentum Community through Discord.
MaleMomentum does not sell any of your Personal Information to third parties.
Affiliates: We may share some of your Personal Information with our affiliates set out in this Policy, in which case we will require our affiliates to honour this Policy unless they have their own privacy policy (in which case, they will act in accordance with their own policy). As set out in this Policy, AOC will collect and hold the email address of users provided to MaleMomentum and MaleMomentum will collect and hold usernames of users with an AOC User Account. In this context, “affiliates” means MaleMomentum Ltd ACN 679 160 215 and any subsidiary, holding company or other related body corporate (within the meaning of the Corporations Act 2001 (Cth)) of MaleMomentum Pty Ltd (including Affordable Online Coaching Pty Ltd ACN 621 129 511).
Acquisitions: If another company acquires the shares in MaleMomentum, the business, or our assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Policy.
Creation of anonymous data: We may create anonymous data records from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We may use this anonymous data to analyse request and usage patterns so that we may enhance the content contained in the MaleMomentum Community and/or Our Services and improve navigation. We may use anonymous data for any purpose and may disclose anonymous data to third parties as we see fit.
Direct marketing: As indicated above, we may use information collected from or about you for the purpose of sending you marketing and promotional information and materials. If you wish to opt out of receiving direct marketing communications from MaleMomentum, please use the “unsubscribe” option (in the case of e-mail communications) or contact us directly using the details below. If you wish to opt-out of receiving direct marketing communications from third party organisations to whom we have disclosed your Personal Information, you may make a separate request to that organisation. Even if you request not to receive direct marketing communications from us, we may send you service-related communications, including notices of any updates to our Terms of Service or this Policy.
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.
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, or you may be unable to establish a user account or access the MaleMomentum Community or use the AOC App and Website.
We will only retain your Personal Information for as long as you have a User Account with us (including an AOC User Account) or as necessary to provide Our Services (as described in section 7 above) to you, or where we are required to do so by law. We will destroy or de-identify your Personal Information upon your request or if you choose to delete your User Account with us.
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 support@malemomentum.com or by otherwise sending your request to the address specified in section 13 below.
Upon receipt of a written request from you, we will:
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 Act; and
comply with our obligations under the 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.
If you have a complaint about the way we have dealt with your Personal Information please make a complaint in writing to our Privacy Officer, 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.
We welcome your comments or questions regarding Our Services or this Policy. Please contact us using the following details.
By Email:
support@malemomentum.com
By post:
The Privacy Officer
MaleMomentum Pty Ltd
11 Wembley Road
Moss Vale NSW 2577
We may amend this Policy from time to time. We will notify you of any updates, changes or amendments to this Policy by (where appropriate) posting on our Website and/or the MaleMomentum Community and/or by email. The updated Policy will take effect (unless we specify a later date):
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);
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 Our 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.