PushNation – Privacy Policy

The information we collect depends on your relationship with us and the features you use. We limit collection to information reasonably necessary for our functions and activities. It may include:

1. 2.1.1

   Account and contact information: your name, email address, telephone number, address, account identifier, login and account-management information, and information you provide when making an enquiry or registering;

2. 2.1.2

   Coach information: business name, ABN, professional profile, qualifications, licences, experience, services offered;

3. 2.1.3

   Applications and coaching information: Client Applications, coaching arrangements, goals, availability, preferences, training and nutrition plans, workout and meal records, habits, progress and check-in information, body measurements, progress photographs and other information submitted by you or your Coach. Some of this may be sensitive information, as explained in section 4;

4. 2.1.4

   Communications and content: messages between Coaches and Clients through the Platform, uploaded photographs, video or audio, enquiries, support requests, complaints, dispute records and any feedback you choose to submit;

5. 2.1.5

   Technical and usage information: IP address, device and browser information, account and device identifiers, access times, interactions with the Platform, logs and diagnostic or crash information. Information from connected devices or fitness services is collected only where you enable the relevant integration and authorise access.

We do not require you to provide unrelated sensitive information or government-issued identifiers merely to use ordinary Platform features. If verification information is required, we will explain the purpose and request only what is reasonably necessary.

We generally collect information directly from you when you:

1. 3.1.1

   create or update an account;

2. 3.1.2

   apply to a Coach;

3. 3.1.3

   enter a coaching arrangement; or

4. 3.1.4

   communicate through or do things on the Platform.

Information entered by a Coach or Client is stored on the Platform or our system.

Where it is unreasonable or impracticable to collect information directly from you, we may collect it from your authorised representative, your Coach or Client, or people involved in a complaint or dispute (if applicable). We will collect information by lawful and fair means and take reasonable steps to ensure that you are aware of the collection and relevant matters required by the APPs.

If you provide information about another person, you must have authority to do so, give them appropriate information about the disclosure to PushNation and obtain any required consent, including for sensitive information. We do not treat a Coach’s agreement to our terms as a substitute for a Client’s consent, where that consent is required.

We also collect technical information through the operation of the Platform and, where implemented, cookies and similar technologies. The Platform may connect to PushNation or a technology provider for licence validation, updates and functionality. Optional device permissions and integrations are explained in section 9.

If we receive information that we did not request, we will assess whether we could lawfully have collected it. If not, we will destroy or de-identify it where lawful and reasonable. Please do not upload information that is unnecessary for the relevant service.

You may deal with us anonymously or using a pseudonym where lawful and practicable, for example for a general enquiry. Identifying information may be necessary to create an account, arrange coaching, process payments or verify a request. If you do not provide necessary information, or provide inaccurate or incomplete information, we may be unable to provide a feature or service.

Sensitive information has the meaning given in the Privacy Act and includes health information and certain information about an individual’s affiliations or background.

We collect sensitive information only where it is reasonably necessary for our functions or activities and you consent, unless collection without consent is required or authorised by law or another applicable exception permits it. We will explain the relevant purpose and seek informed, voluntary, current and specific consent. Uploading sensitive information is not a substitute for an appropriate consent process.

Where authorised, this information may be stored and made available to your chosen Coach so that the Coach can assess your application, provide and adjust coaching, review check-ins and track progress. PushNation may handle it to operate and support the relevant Platform features and address safety concerns or disputes, subject to the APPs. Secondary use or disclosure of sensitive information will occur only with your consent, for a directly related purpose you would reasonably expect, or as otherwise permitted by law.

You may decline to provide optional information or withdraw consent for future consent-based handling by contacting us. This may limit a particular feature or the coaching that can be offered. Withdrawal does not undo lawful handling that has already occurred or require deletion of records we must lawfully retain. Please also tell your Coach where your request concerns information handled independently by them.

We will not use your sensitive information for direct marketing without your consent. Progress photographs, testimonials or coaching results will not be used in public marketing merely because they were uploaded for coaching. Any identifiable promotional use requires appropriate separate permission.

We collect, hold, use and disclose personal information to, among other things:

1. 5.1.1

   establish and administer accounts, allow assessments to be undertaken by Coaches of applications and maintain information about qualifications, authorisations and insurance;

2. 5.1.2

   operate the Platform and provide administrative, marketing and support services, including facilitating Client Applications, coaching arrangements and communications;

3. 5.1.3

   store and make available plans, check-ins, progress records and other information needed for the coaching features you use;

4. 5.1.4

   undertake research and improve the services we provide;

5. 5.1.5

   provide account and service notices, respond to enquiries and support requests, and manage our relationship with you;

6. 5.1.6

   maintain, troubleshoot and improve the Platform, understand usage and develop relevant features, subject to the limits on sensitive information in section 4;

7. 5.1.7

   investigate complaints, disputes, suspected misuse or unlawful activity, protect users and the Platform, and administer suspension, deactivation or termination;

8. 5.1.8

   send permitted marketing communications as described in section 8; and

9. 5.1.9

   maintain business records, obtain professional advice, meet legal obligations and establish, exercise or defend legal rights.

We use or disclose information for its primary purpose, for a related secondary purpose you would reasonably expect (a directly related purpose for sensitive information), with your consent, or as otherwise required or permitted by law. Contractual permissions do not override these limits. Where practicable, we use de-identified or aggregated information for analysis; information that remains reasonably identifiable continues to be handled as personal information.

Coaches and Clients. When you apply to or engage a Coach, we may disclose to that Coach the information reasonably needed to assess your application and provide the coaching you request, including contact, application, communication and authorised coaching information. Clients may see Coach profiles and information about offered services. We may notify affected Clients when a Coach’s account is terminated or no longer available. A Coach must not use Client information for unrelated purposes without a lawful basis.

Public information. Coach profiles and content deliberately published in public areas may be visible to other users and website visitors. Do not publish private contact details, health information or another person’s information in public areas. Private coaching messages and records are not made public merely because they are stored on the Platform. Access by authorised PushNation personnel or providers is limited to what is reasonably necessary for operation, support, safety, legal compliance or dispute handling.

Service providers. We may disclose necessary information to providers assisting with billing and payments, licensing and applications, hosting and technology, communications, marketing and other support services. Where a provider handles information on our behalf, we take reasonable steps to require appropriate confidentiality, security and restrictions on use. Providers that supply services directly to you may also handle information under their own privacy policies, which you should review. There are a range of third party service providers that provide services to us, which include Google, Supabase, Twenty, Stripe, ClickSend, Discord, AI Platforms and others, and we share your information, as needed.

Payments. Payment providers may receive the payment and account information needed to process transactions, distribute funds, undertake required checks and handle refunds or chargebacks. PushNation may receive transaction records and payment status information. The Nominated Account is the account designated for receiving, holding and distributing Client payments in connection with Coaching Agreements. Only information necessary for payment administration is disclosed; unrelated coaching or health records are not disclosed merely to process a payment.

Disputes and professional advice. We may disclose relevant information to the Coach, Client, payment provider or other parties involved to investigate and resolve a dispute, subject to applicable privacy law. We may also disclose necessary information to professional advisers, insurers, courts, tribunals, regulators or law enforcement bodies where required or permitted by law. Dispute-related access does not authorise unrelated use or disclosure.

Corporate transactions. If a genuine sale, restructuring or transfer of the business occurs, necessary information may be disclosed to advisers or a proposed or actual purchaser, subject to appropriate confidentiality protections and applicable law. Information is not shared with a shareholder, trust beneficiary or related entity simply because of their ownership interest. Any disclosure to a related body corporate requires an appropriate purpose and lawful basis.

We do not sell or trade your personal information, but do use your information for research and development purposes. We may disclose information to another recipient at your direction or with your consent, or where otherwise permitted by law.

Personal information may be stored or processed outside Australia, or accessed by overseas recipients, where this forms part of the Platform, an authorised coaching relationship or a service provider’s operations. Overseas access can occur even where the information is stored in Australia.

Your personal information may be disclosed to a person overseas, such as a coach overseas, for the purpose of assessing an application.

Before disclosing personal information to an overseas recipient, we take such steps as are reasonable in the circumstances to ensure that the recipient does not breach the APPs, other than APP 1, in relation to the information, unless an applicable exception permits otherwise. These steps may include assessing the recipient’s practices and imposing appropriate contractual safeguards. We may remain accountable under the Privacy Act for an overseas recipient’s handling of the information.

Where permitted by law, we may use your contact details and relevant non-sensitive account information to tell you about PushNation features, Coaches, services and offers. We will obtain consent where required and comply with applicable privacy and electronic marketing laws.

You can opt out of direct marketing using the unsubscribe facility in a marketing message or by contacting us. We will action your request within a reasonable period and without charge. Where applicable, you can also ask us not to disclose your information for direct marketing, or ask how we obtained information used for that purpose. We will respond as required by law.

Opting out of marketing does not prevent necessary non-marketing communications about your account, coaching arrangements, transactions, safety, security or changes affecting the service. We will not provide private coaching records or health information to advertising providers for targeting without the necessary separate consent and a lawful basis.

Where used, cookies and similar technologies may support login and session management, security, preferences, usage measurement and service improvements. Cookies are small files stored on your device. You can manage cookies through your browser settings; restricting them may affect some functions. Non-essential tracking and advertising technologies, if introduced, must be disclosed with appropriate choices and consent where required.

Depending on the feature you choose, the app may request permission to access photographs, camera, microphone, notifications or information from a connected fitness device or service, such as Apple Watch. Connected features may transmit workout, step, habit or other health and fitness information that you authorise. We will explain the relevant access when you enable a feature. You can review or revoke permissions in your device or connected-service settings, although this may affect the feature. We do not collect your contacts or precise device location merely because you use the Platform; any such optional access requires a defined purpose, notice and appropriate permission.

External websites, app stores and services you connect or access may have their own privacy practices. This Policy applies to PushNation’s handling, not to independent handling by those organisations. Our obligations are not displaced where a provider stores or processes information on our behalf.

We hold personal information in electronic records on the Platform and systems used by us and our service providers, and in any necessary business or complaint records. We take reasonable technical and organisational steps to protect information from misuse, interference and loss, and from unauthorised access, modification or disclosure. Appropriate measures include limiting access to authorised people, account and access controls, secure handling practices and oversight of providers, proportionate to the sensitivity of the information and the risks involved.

No internet transmission or storage system is completely secure. Please keep your account credentials private, protect your devices and notify us promptly if you suspect unauthorised access. This does not reduce our obligations to protect the information we hold.

We retain information only for as long as it is needed for a lawful purpose, taking into account account administration, coaching-related records held on the Platform, payment and tax obligations, complaints, disputes and legal claims. Closing an account does not necessarily mean that all records are deleted immediately. When information is no longer needed for a permitted purpose, we take reasonable steps to destroy or de-identify it, unless Australian law or a court or tribunal order requires retention. Retained information remains protected and access-limited.

If a data breach is suspected, we will take reasonable steps to contain and assess it and reduce the risk of harm. Where an eligible data breach triggers notification under the Privacy Act, we will notify the Office of the Australian Information Commissioner (OAIC) and affected individuals as required, including information about the incident and recommended protective steps.

We take reasonable steps to ensure the information we collect is accurate, up-to-date and complete, and that information we use or disclose is also relevant to the purpose. Please update your details when they change and tell us if information held about you is incorrect.

You may request access to personal information we hold about you, including information held by a provider on our behalf, or ask us to correct information that is inaccurate, out-of-date, incomplete, irrelevant or misleading. Contact the Privacy Officer as described in section 13 and explain the information or correction sought. You may nominate an authorised representative. We may request reasonable evidence of identity and authority to protect your privacy, but do not require a particular form as a condition of making a request.

We will respond within a reasonable period, ordinarily within 30 calendar days. We will provide access in the manner requested where reasonable and practicable. There is no fee to make an access request. Any charge for providing access will not be excessive and will be explained in advance. We do not charge for a correction request, a correction or associating a statement with information.

If we refuse access or correction where permitted by law, we will give written reasons, except where it would be unreasonable to do so, and explain the available complaint mechanisms. For access, we will consider reasonable alternative ways of meeting your needs. If correction is refused, you may ask us to associate a statement recording why you consider the information incorrect. If we correct information previously disclosed to another APP entity, you may ask us to take reasonable steps to notify that entity, unless doing so is unlawful or impracticable.

You may ask us to close your account or delete information. We will consider the request under our retention obligations and explain any information that must remain. There is no unconditional right under this Policy to erase all information immediately. A request to us does not automatically remove records held independently by your Coach or another organisation; you may also need to contact them. We will not refer you elsewhere instead of dealing with a request concerning information that PushNation holds or controls.

The app description identifies automated tools that organise and summarise information submitted through the Platform to support coaching teams. Information used in these functions may include the check-ins, workout, meal, habit and progress information submitted for the relevant coaching feature. Such handling remains subject to the collection, consent, use, disclosure and security limits in this Policy. Do not assume that an automated summary is complete or accurate; raise errors with your Coach or PushNation.

Information that you provide may be used by the Platform or the Coaches to automatically generate information about you, such as by AI powered tools. Processing of your personal information or data in these instances is done for the purposes and on the legal bases described in section 5.

Privacy enquiries, access and correction requests, consent withdrawals and complaints should be addressed to the Privacy Officer, PoppiNationHoldings Pty Ltd trading as PushNation, and you may contact us via email or post as follows:

If you believe we have breached this Policy or applicable privacy law, please tell us what happened, when it occurred, any relevant account or transaction details, and the outcome you seek. Include contact details so we can respond. We will acknowledge your complaint, investigate it, and give you a response within a reasonable period and no later than 28 days after receipt. You may request escalation to a senior representative of PushNation if you are dissatisfied.

If you are dissatisfied with our response, you may complain to the OAIC. Information about its complaints process is available at www.oaic.gov.au, or by telephone on 1300 363 992. You should generally give PushNation the opportunity to resolve the complaint first. This does not limit any rights you have under applicable law.

We may update this Policy to reflect changes to our services, information-handling practices or legal obligations. We will publish the current version on www.pushnationapp.com and update its revision date. Where a change materially affects how we handle information already collected, we will take reasonable steps to notify affected users through the Platform, email or another appropriate channel. We will obtain further consent where required; publication of an updated policy does not itself supply that consent.

This Policy is available free of charge. You may ask us for a copy, including in another appropriate form, and we will provide it where reasonable.