Privacy & Cookies Policy

Get Rig Pty Ltd trading as KIXXFIT

  1. Background

Get Rig Pty Ltd t/a KIXXFIT (Company) recognises the importance of protecting the privacy and the rights of individuals. This policy has been published to provide a clear outline of how and when personal information and other data is collected, disclosed, used, stored and otherwise handled by the Company. The policy relates to personal information and other data collected by any means and by any technology, including but not limited to the Site and the Services.

By using the Company’s website, products or services (including the Site), you consent to the Company using your personal information and other data as set out in this policy. 

We respect your rights to privacy and have a legal obligation to abide by the provisions of the Privacy Act 1988 (Cth) (Act). Our objective is to handle information responsibly and provide you with some control over the way information about you is handled.

2. Personal information

When used in this policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation.  Information which cannot be reasonably linked to your identity (e.g. IP address, browser information, favourite websites or the number of users of a website) does not constitute personal information and is not regulated by the Act.  If the information we collect personally identifies you, the information will be considered personal information. Our policy covers all people who use our services or otherwise provide their personal information to us.

For the purposes of this policy, no distinction has been made between the handling of personal information and sensitive information (as that term is defined in the Act); therefore, all information will be referred to as “personal information” throughout this document.

3. Collection of Personal Information and other data

The nature of personal information collected by the Company may comprise information such as:

a) your name, email, address and telephone number;

b) your age or date of birth;

c) your gender;

d) your profession, occupation or job title; and

e) any additional information relating to you that you provide to the Company.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous aggregated information about how users use our website or services.

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect it in ways including:

a) by you completing one of our contact us forms;

b) through your access and use of our website and social media channels; and

c) through your use of our services, including access to and use of the Site.

We may also collect personal information from third parties including information provided on your behalf with your consent.

4. Use and Disclosure of Personal Information and other data

The Company collects personal information in order to conduct its business activities, including but not limited to the operation of the Site.

We collect, hold, use and disclose your personal information for the following purposes:

a) for administrative and billing purposes;

b) to update your contact details;

c) to process and respond to any complaint made by you;

d) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country;

e) to answer enquiries and provide information or advice about existing and new products or services and all matters relevant to the services we provide to you;

f) to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties; and

g) for the administrative, marketing (including direct communications), planning, product or service development, quality control and research purposes of the Company, its contractors or service providers.

Your personal information will not be shared, sold, rented or disclosed other than as described in this policy or as permitted under the Act.

On some occasions, your personal information and other data may be transferred to or processed by service providers in overseas countries including but not limited to the US, or even in ‘the cloud’ (which may involve processing in more than one country) in order for such service providers to perform services on our behalf. 

Like most business organisations, the Company performs some of its functions under licence and also contracts out some functions and relies on third party suppliers to conduct specialised activities such as website management, IT systems administrators, electronic network administrators, and professional advisors such as accountants, solicitors, business advisors and consultants. Personal information may be provided to these licensors (where contractually required) and to these suppliers to enable them to perform the agreed tasks.

Some companies that the Company is affiliated with have their own privacy policies and where they collect personal information from you for their own business, your personal information will be handled in accordance with their respective privacy policy.

5. Direct communications

We may send you communications and information about our products and services that we consider may be of interest to you, if you have advised you wish to receive them. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with all applicable marketing laws, such as the Spam Act 2003 (Cth). If, in your dealings with us, you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving communications from us by contacting us or by using opt-out facilities provided in the communications and we will then ensure that your name is removed from our mailing list.

6. Access and correct your personal information

The Company’s objective is to ensure that all personal information collected is accurate, complete and up-to-date. To assist the Company in achieving its objective, please contact the Privacy Officer if any of your details change. Further, if you believe that the information the Company holds is not accurate, complete or up-to-date, please contact hello@kixxfit.com in order to have the information corrected.

You may request access to any personal information we hold about you at any time by contacting us. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you and, if so, the fees will be as advised from time to time.

We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold; however, we will only do so in accordance with our rights and obligations under the Act. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

7. Personal Information Security

The Company takes reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. Your personal information and other data may be stored in hard copy documents, but is generally stored electronically on our software or systems or on those of our third-party service providers. Personal information is destroyed or de-identified when no longer needed.

As our website is linked to the internet, and the internet is essentially insecure, the Company cannot provide any assurance regarding the security of transmission of information you communicate to us online. the Company also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Additionally, you acknowledge that the collection and use of your personal information by third-parties may be subject to separate privacy policies and/or the laws of other jurisdictions.

8. Cookies

Our services (including our website and the Site) utilise both first party cookies (cookies set by the Company), and third party cookies (cookies which enable the functionality of third party services). We use cookies to ensure our services operate correctly, and to track and target the interests of users to enhance their experience of our services. Third parties may serve cookies through our services for advertising and analytics.

The cookies used by our services include:

a) Essential website cookies which are strictly necessary to provide you with our services available through the website and the Site and to operate their features.

b) Performance and functionality cookies to enhance the performance and functionality of our website and the Site but are non-essential to their use. Certain functionality may become unavailable without these cookies.

c) Analytics and customisation cookies to collect information that is used either in aggregate form to help understand how our website and the Site are being used or how effective our marketing campaigns are, or to help customise the services.

d) Advertising cookies to make advertising messages more relevant by performing functions like preventing the same advertisement from continuously reappearing, ensuring advertisements display properly and in some cases to display advertisements based on your interests.

e) Social networking cookies to enable you to share pages and content from our website and the Site through third party social networking and other websites. These cookies may also be used for advertising purposes.

We may use third party technologies. We do not have control over third party cookies our customers use.

Third parties may use information about your visits to our services in order to provide relevant advertisements about goods and services you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. The information collected through this process does not enable the Company or any third parties to identify your name, contact details or other personal identifying details unless you choose to provide them with these.

You can set or amend your web browser controls to accept or refuse cookies. If you reject cookies, you may still use our services but their functionality may be diminished and areas of the services restricted. Essential website cookies cannot be refused as they are strictly necessary to deliver the services to you but they can be blocked or deleted. The process to accept, refuse, block or delete cookies varies from browser-to-browser, we recommend visiting your browser’s help menu for more information.

9. International Visitors

This section applies to those that visit our Site or use our Service from the European Economic Area, the United Kingdom, and Switzerland.

The Company processes personal information with your consent (e.g., when you agree that the Company may place cookies, or when the Company processes personal information submitted for specified purposes). On other occasions, The Company may process personal information when it needs to do this to fulfil a contract (for example, for billing purposes) or where required to do so by law.

If necessary, the Company may also process personal information when it is in the Company’s legitimate interests to do this (e.g., for customer service or fraud detection) and when these interests are not overridden by your data protection rights. If you wish to exercise the right to withdraw consent, please contact us. At hello@kixxfit.com.

Please be aware that the personal information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. If you are located outside of Australia, please be advised that we process and store personal information in Australia and your consent to this privacy notice represents your agreement to this processing and storage.

You have a right to the following:

a) to request access to the personal information we hold about you;

b) to request that we rectify or erase your personal information;

c) to request that we restrict or block the processing of your personal information;

d) under certain circumstances, to receive personal information about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal information directly to another, i.e., a right to data portability; and

e) where we previously obtained your consent, to withdraw consent to processing your personal information.

To exercise these rights, please contact us at hello@kixxfit.com. Please be aware that the Company may be unable to provide these rights to you under certain circumstances, such as if we are legally prevented from doing so. Additionally, you have the right to lodge a complaint against us. To do so, contact the supervisory authority in your country of residence.

We will process and store your personal information only for the period necessary to achieve the purpose of the storage, or as permitted by law. We will retain and use your personal information to the extent necessary to enforce our agreements. The criteria used to determine the period of storage of personal information is the respective statutory retention period or six years in the case of contracts. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract or the initiation of a contract or for other lawful purposes.

10. Complaints process

If you believe that your privacy has been breached, please contact us in accordance with the arrangements set out below and provide details of the incident so that we can investigate it.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

All complaints should initially be in writing and directed to the Privacy Officer.

11. Privacy Officer’s Contact Details

Please address all written correspondence to:

PO Box 278, Floreat, WA, Australia, 6014

Email: hello@kixxfit.com

12. External Links

Our website and application may contain links to other websites operated by third parties. The Company makes no representations or warranties in relation to the privacy practices of any third-party website and are not responsible for the privacy policies or the content of any third-party website. Third party websites are responsible for informing you about their own privacy practices.

13. Changes to this policy

We may change this policy from time to time. Any updated versions of this policy will be posted on our website. We ask that you visit our website periodically in order to remain up to date with such changes.

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