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Privacy Policy

Effective date: 01 Jan 2024

This Privacy Policy describes evolv. Yoga ("Evolv") policies and procedures on the collection, use and disclosure of your information when you use the service and tells you about your privacy rights and how the law protects you.

We use your Personal data to provide and improve the service. By using Evolv's service, you agree to the collection and use of information in accordance with this Privacy Policy.

Evolv is committed to processing, using, transferring, and managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), and in accordance with other applicable privacy laws. This Privacy Policy explains what personal information of yours Evolv holds, and how that information is collected, handled and safeguarded. In this Privacy Policy, all terms defined in the Privacy Act 1988 (Cth) (Privacy Act) have the same meaning when used in this Privacy Policy. In this Privacy Policy, "we", "us" and "our" refers to Evolv, and "you" refers to any individual about whom we collect personal information. 

CHANGES TO THIS PRIVACY POLICY

Evolv may change this Privacy Policy from time to time. We recommend that you visit our website regularly to keep up to date with any changes. We also try to let you know about major changes to our Privacy Policy (for example by putting a notice up on our website) and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

PERSONAL INFORMATION EVOLV. MAY COLLECT

We ask for personal information so you can use our services, sign in to your account, receive customer support and safety information, and communicate with you about our services, promotions, and activities. We may collect the following information when you engage with us:

  • Name
  • Contact information (including mobile number and email address)
  • Date of birth
  • Emergency contact information
  • Username and password that you may select in connection with establishing an account on our Services
  • Credit card details and/or bank account details
  • Payment history
  • Shipping and billing information
  • Demographic information (for example your postcode, interests, and preferences)
  • Other information relevant to customer surveys and/or offers
  • Your photograph, social media handle, or digital or electronic signature
  • Publicly available information (e.g., public posts on your social media accounts)
  • Details of the products and services (such as membership options) you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your inquiries
  • Any additional information relating to you that you provide to us directly through our websites or by other means such as over the phone, via email, or in person
  • Information you provide to us via voluntary members feedback or engagement surveys;
  • Details of the products and services (such as membership options) you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your inquiries;
  • Any additional personal information you provide to us, or authorize us to collect, as part of your interaction or membership with Evolv
  • IP address
  • Information on your interaction with our apps, web sites and advertisements such as pages you visit
  • Social media handles, content, and other information that you post to our social media pages or tag us on your social media pages, and information we obtain from third-party social media services (e.g., Facebook) if you choose to link to, or create or log in to your Evolv online account through these platforms
  • Sensitive information*

Information from Third-Party Social Media Services

If Evolv allows you to create an account and log in to use the Service through the following Third-party Social Media Services:

  • Google
  • Facebook
  • Twitter

If you decide to register through or otherwise grant us access to a Third-Party Social Media Service, we may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as your name, your email address, your activities or your contact list associated with that account.

You may also have the option of sharing additional information with Evolv through your Third-Party Social Media Service's account. If you choose to provide such information and Personal Data, during registration or otherwise, you are giving Evolv permission to use, share, and store it in a manner consistent with this Privacy Policy.

HOW YOUR PERSONAL INFORMATION IS COLLECTED AND HELD

Evolv collect personal information directly from you. Information may be collected through a number of ways, including: in person, over the phone, through communications with you through our website, mobile booking applications or app, social media sites and other digital platforms, and in writing.

*SENSITIVE INFORMATION

Sensitive information, for the purposes of this Privacy Policy, means the information an individual has disclosed to Evolv regarding their mental and/or physical health and wellbeing.  Evolv only collects sensitive information from you with your consent (unless required or authorised by or under law to do so). Sensitive information will only be used for the purpose of providing goods and/or services to you. This information will not be disclosed to third parties without consent, unless required or authorised by or under law to do so. For the purposes of this Privacy Policy, Sensitive Information is a subset of Personal Information.

The kinds of sensitive information Evolv may collect includes information relating to:

  • general health;
  • medical history;
  • smoker status;
  • pregnancy;
  • current medications;
  • other health related information that Evolv considers relevant to adequately and safely advise you about fitness activities.

USE OF INFORMATION

The purposes for which Evolv usually collects and uses personal information may include:

    • To fulfill obligations under a membership agreement and/or any other contract you may have with us;
    • To deliver the Services and/or products you requested;
    • To manage our relationship with you, with your consent, this may involve the use of fitness information from connected devices, apps or services;
    • To provide information and marketing about products, Services, and/or special offers to members;
    • To obtain opinions or comments about products and/or Services from members;
    • To record statistical data for marketing analysis from members;
    • To improve our Services to members, as well as for training and quality purposes;
    • Responding to requests, questions, complaints, and other general inquiries;
    • Managing, planning, advertising, and administering programs, events, competitions, and performances;
    • Researching, developing and expanding our facilities and Services;
    • At your direction and with your consent;
    • For quality control and administration and assisting us to develop new and improved products and Services;
    • To comply with any requirement of any applicable statute, regulation, rule, and/or good practice;
    • To fulfill our obligations under any reporting agreement entered into with any tax authority or revenue service(s) from time to time;
    • To prevent or detect abuse of our services or any of our rights (and attempts to do so), and to enforce or apply our Privacy Policy and/or any other agreement (such as your membership agreement with us), and to protect our (or others') property or rights.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent. 

DISCLOSURE OF INFORMATION

We may share your personal information for the purposes as follows:

  • Within our company and with our affiliates
  • With service providers that perform Services on our behalf, including for the purposes of operating our website, assisting us to perform business functions, managing and updating member lists and records, analyzing data, handling billing and payments, and facilitating customer service.
  • With professional services such as legal advisors, accountants, and consultants;
  • With select partners we may collaborate with;
  • With other parties with your consent and at your direction; and
  • We reserve the right to disclose your personal information as required by law, when we believe disclosure is necessary or appropriate to comply with a regulatory requirement, judicial proceeding, court order, government request, or legal process served on us, or to protect the safety, rights, or property of our customers, the public, us or others.
  • We may use and disclose your personal information for other purposes explained at the time of collection (such as in a specific privacy collection statement or notice) or otherwise as set out in this Privacy Policy.
  • We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the recipient’s privacy practices.

We may use and disclose your personal information for other purposes explained at the time of collection (such as in a specific privacy collection statement or notice) or otherwise as set out in this Privacy Policy.

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the recipient’s privacy practices.

SECURITY

Evolv is committed to ensuring that your information is protected. Evolv have taken reasonable steps to protect the personal information by implementing appropriate electronic, physical and managerial processes to prevent the misuse, interference, loss, and unauthorised access, modification, alteration, use, disclosure or destruction of the information collected. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. 

USE OF COOKIES

Evolv uses cookies (standard web browser features that are small text files stored in a user’s browser) on our digital platforms to help us improve your experience. You can choose to accept or decline cookies, and can also disable cookies in your browser settings. If you decline or disable cookies, the function and usability of the digital platforms you are using may be impacted and may impact the ability of Evolv to provide the services you have requested.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

YOUR MARKETING CHOICES

You can opt-out of our use and disclosure of your personal information for marketing purposes and customer satisfaction surveys, and/or withdraw your prior consent for same, by the methods provided below. Upon requesting an opt-out, your consent will be withdrawn; however, please note that it often takes some time to process these requests. Therefore, it is possible that you may receive communications scheduled prior to our receipt of your withdrawal of consent.

You may reply to a promotional or marketing e-mail that you have received from us with the word "Unsubscribe" in the subject line or you can email us directly at christine(at)evolvyoga.com.au (If you use more than one e-mail address, then send your opt-out e-mail from each of your e-mail addresses). Another way to unsubscribe is to delete your account in the app or online account settings but this is irreversible, and you will lose access to your account and records. You would also need to cancel your subscription to avoid ongoing subscription charges. We may also provide additional methods for you to opt-out of having your personal information used or disclosed for promotional and marketing purposes.

Please note, even if you opt-out of receiving marketing or commercial communications, we retain the right to send you non-marketing communications such as correspondence about your existing business relationship with us, information about reservations or rentals, payment receipts, or notifying you of updates to our Privacy Policy or Terms & Conditions.

YOUR PRIVACY CHOICES

You may have certain rights and choices regarding our processing of your personal information. Depending on your jurisdiction, applicable law may entitle you to additional consumer rights, including the right to:

  • Know the categories and/or specific pieces of personal information collected about you, including whether your personal information is sold or disclosed, and with whom your personal information was shared
  • Access a copy of the personal information we retain about you
  • Update any inaccuracies in the personal information we hold about you
  • Request deletion of your personal information
  • Request that we transfer your information to another entity in the format in which we maintain it in the ordinary course of business
  • Object to the processing of your personal information
  • Restrict how we use your personal information whilst a complaint is being investigated

We reserve the right to verify your identity in connection with any requests regarding personal information to help ensure that we provide the information we maintain to the individuals to whom it pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information. If you are an authorized agent making a request on behalf of a consumer, we may require and request additional information to verify that you are authorized to make that request.

Under some circumstances, we will use your email address on file to verify your identity. We may also request additional information. For example, if we suspect an access request is fraudulent, we will request additional information in order to verify your identity.

We reserve the right to deny your request if we cannot verify your identity. Where we deny your request in whole or in part, we will endeavor to inform you of the denial, provide an explanation of our actions, and the reasons for the denial.

We will not restrict or deny you access to our Services because of choices and requests you make in connection with your personal information. Please note, certain choices may affect our ability to deliver the Services.

Where you have consented to our processing of your personal information, you have the right to withdraw, at any time, any consent that you have previously given to us for use of your personal information. In certain circumstances even if you withdraw your consent we may still be able to process your personal information if required or permitted by law or for the purpose of exercising or defending our legal rights or meeting our legal and regulatory obligations. To make a request to exercise any of these rights (where applicable) in relation to your personal information, please contact us using the contact details below.

If you wish to contact us to make a request in connection with your personal information we have or to inquire or provide feedback about our privacy practices, you can email us directly at christine(at)evolvyoga.com.au.

CHILDREN'S PRIVACY

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from our servers.

If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent's consent before we collect and use that information.

INTERNATIONAL DATA TRANSFERS

Evolv may disclose your personal information to third party service providers overseas. By providing your personal information to Evolv, you consent to this disclosure of your personal information.

LINKS TO OTHER WEBPAGES

Our Service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

QUESTIONS AND COMPLAINTS

For further information regarding this Privacy Policy or to make a complaint, please contact Evolv at [email protected].