TERMS AND CONDITIONS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
These Terms & Conditions cover important information about the Website, Program, Products and the Subscription, and any applicable fees.
Your Subscription is governed by these Terms & Conditions.
Definitions & Interpretation
For the purposes of these terms and conditions the following definitions apply:
Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);
Licence means the licence granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;
One gender includes any other gender;
Our, ourselves, us, we, refer to Vie by Sylvia Roberts trading as “Vie Pilates” (“Vie Pilates”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
Party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
Program means the program offered to you via the Website;
Subscription means the subscription with Vie Pilates entitling you to use of the Website and the Program;
Terms and Conditions means these terms and conditions as amended from time to time;
Website means collectively the website viebysylviaroberts.com Program, products and/or services offered or provided by Vie Pilates;
You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents;
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.
Licence
1. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable Licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website (“Services”).
2. This Licence shall continue until terminated in accordance with this Agreement.
Website
3. These Terms and Conditions govern your right to use the Website and your access to and use of the Program, and/or any products or services acquired in relation to the Program and/or any links provided on the Website to other websites.
4. In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website and/or the Program.
5. You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Facebook Community, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
6. You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.
7. You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
8. You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
9. You agree that we may, and reserve the right to, remove any comments made by you about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to Vie Pilates.
10. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
Your Agreement and Subscriptions
11. In accessing, registering or using the Website including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
12. We offer one (1) and twelve (12) month Subscriptions. Payment for each Subscription is governed by these Terms and Conditions.
13. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
14. The Subscription fee (“Subscription Fee”) will apply regardless of how much or how often you access or use the Subscription.
Eligibility
15. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Website or subscribing for access to the Program or any of the Website services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
16. Without limitation, the Website is available only to individuals with whom only legally binding contracts can be formed under Australian law.
17. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
Website Membership
18. You agree to provide accurate and truthful details about yourself for the purposes of your Subscription and/or for the Program and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
19. We may, at our sole discretion, elect to offer a "Clients only" email subscription and/or Facebook Community access as a part of your Subscription.
20. Access to the information provided through your Subscription, including any email subscription and/or any Facebook Community is for your sole use only.
21. Any password or right given to you to obtain access to any "Clients only" email subscription and/or Facebook Community, and the contents or use of either the email subscription or Facebook Community, is not transferable to any third party.
22. We reserve the right, at our sole discretion, to terminate your access to any "Clients only" email subscription or Facebook Community if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
23. We reserve the right, at our sole discretion to terminate your access to any Facebook Community offered by us once you have cancelled your membership.
Third parties
24. We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.
25. The Website may also contain links to websites operated by third parties. Such links are provided for convenience only and Vie Pilates has no liability in connection with your use of any such third-party website or any content posted or published on the third-party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.
Renewal & Termination
26. Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on before the expiry of your Subscription.
27. Your subscription can be cancelled by going to the settings page on the Website, navigating to the subscription section and selecting ‘Cancel Subscription’.
28. You may cancel your Subscription by following the steps in clause 28. Please note a refund will not be issued upon cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Website and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Your information may be stored for up to 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed.
29. We can terminate your Licence and Subscription at our sole discretion if we believe you have breached any of these Terms and Conditions and/or you have or are facilitating the unlawful activity of a third party in respect of the Website. We are at liberty to take any other action necessary to enforce these Terms and Conditions.
Payments
30. Subscriptions purchased directly from the Website are managed and billed by Vie Pilates Pty Ltd (us).
31. All Website Purchases are processed securely via our third-party payment gateway providers.
32. All transactions are handled over SSL (secure sockets layer) and are PCI (payment card industry)-Compliant. We do not store your credit card details which will be stored by Stripe (payment processing platform; https://stripe.com/en-au).
33. In purchasing any product or Service from the Website ("the Purchase") you agree to: (a) pay using a valid credit card (or other form of payment as we may allow); (b) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; (c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs").
34. All costs are in AU Dollars unless otherwise indicated.
35. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
36. If you have purchased your Subscription via our Website, you are required to let us know if your Payment Method changes. You can do this by going into your profile settings and selecting "Billing & Subscriptions."
37. We will assume your Payment Method is correct and will continue to bill Subscription Fees and charges relating to your Subscription by your nominated Payment Method:
a) If any Subscription Fees billed to your account are not processed for any reason we may suspend your Subscription until payment is made in full.
38. We reserve the right to vary the Subscription Fees from time to time, but only for the next and subsequent billing periods. In that event we will give you reasonable notice of the variation before it will come into effect. If your purchase was made via the Website and you do not cancel your Subscription before your next billing cycle, you will be deemed to have accepted the variation.
Risk and Limitation of Liability
39. You will receive access to the Program upon payment for the Program from you.
40. We provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
41. Where we provide access to the online Program, and you claim that you have not received such access, then you must contact us via contact@viebysylviaroberts.com within 7 days of the date by which you purchased the Program for us to investigate your claim.
42. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation.
43. You assume all risks in connection with your participation in any recreational services and activities that we may provide.
Warranty/Refund
44. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
45. You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
46. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
47. We do not guarantee that the Website and any Subscription or Program purchased will function on any particular device and you agree and acknowledge that the Website may suffer from malfunction, interruption or unavailability from time to time and that this is an inherent risk of such internet and electronic based systems.
Products offered for sale on the Website
Clauses 49 to 73 herein relate to the purchase of Product/s from the Website only. For the purposes of clauses 49 to 73 only, Product/s is defined as any items listed on the Website (for sale or otherwise) but excludes the Subscription and the Program.
Product Specifications
48. The size of each Product specified on the Website is an approximate representation of the actual size and dimensions of the relevant Product. Sizing variations may exist within variations of a Product.
49. The label and appearance of any packaging of each Product as depicted on the Website may vary from the actual label and appearance.
Orders
50. You may place an order for a Product by following the instructions on the Website. Your order will be submitted by completing payment details and clicking the ‘confirm’ button.
51. Orders will be deemed to have been received by us at the time we send an Order confirmation to your nominated e-mail address.
52. We will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
53. Each Order (once confirmed) represents a separate agreement between Vie Pilates and you.
54. We reserve the right to not accept or to cancel orders that request commercial quantities of Products.
55. We, at our sole discretion, may cancel your Order at any time prior to dispatch of the Product, including Products that are sold on Pre-sale.
56. In the event of a cancelled order, funds paid in relation to that order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
57. We accept no responsibility for orders that are declined or not accepted due to disruptions with internet connections.
Delivery and Ownership of Products
58. We will use our reasonable endeavours to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors beyond our control may result in delays. Vie Pilates, its directors, officers, employees and agents are not liable for any loss or damage, whether direct, indirect or consequential, suffered by any one as a result of any such delays.
59. The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by us and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, you will be notified by e-mail at the e-mail address nominated in their Order.
60. We will not deliver Products to PO box addresses.
61. Products will be delivered by DHL courier service, and will take between 2 – 5 working days to deliver from the date of dispatch. For international Orders, delivery time may exceed 2 -5 working days.
62. You agree the Products will deem to be delivered based on the shipping confirmation evidence determined from the tracking details provided by the relevant shipping company.
63. When ordering Products from Vie Pilates to be delivered to addresses outside Australia and its Protectorates, shipments will be made to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. As IOR, you agree to be ultimately responsible for importing the products ordered by you into the destination country and are solely responsible for the payment of duties, and taxes either at the time of sale if prepayment is required by Vie Pilates or at the time of importation if prepayment is not required. You hereby give a proxy or power of attorney (“POA”) to the shipping provider designated by Vie Pilates for the customs clearance of products ordered by you. This POA authorizes Vie Pilates designated shipping provider’s assigned customs broker to act on your behalf. Vie Pilates’ designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by Vie Pilates’ designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR or the need of the POA and further state that the terms of the POA or terms of the purchase from Vie Pilates and transportation conditions from Vie Pilates designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further agreed to them.
Faulty or damaged Products
64. We will replace damaged, faulty or incorrect Products in accordance with these Terms and Conditions.
65. Where a Product is found to be damaged upon delivery or if a Product has been delivered that is different to the Product listed in the order (Incorrect Product), and you notify us by email to contact@viebysylviaroberts.com within the first 7 days after delivery, then we will: (a) replace the damaged or Incorrect Product with a new replacement; or (b) if we are unable to provide a new replacement Product, we will refund you the purchase price. For the avoidance of doubt, the 7 Day period will commence on the date that you receive your Product. Where there is no proof of delivery, this date will be assumed to be 3 business from the date of dispatch of the Product. Where a Product is already damaged on delivery, Vie Pilates requires photographic evidence before authorising return of the Product. Once we authorise return of the Product you must ensure that the Product leaves your hands within 7 days from the date that we authorise the return. If you do not comply with these terms the Product will be returned back to you and you will be charged for the additional shipping and handling.
66. Vie Pilates reserves sole discretion to determine whether the Products are faulty or damaged in accordance with these clauses 65 to 67.
Refunds and Returns
67. We will only accept the return of Products that have been supplied incorrectly by us or which are deemed to be faulty and you have followed the instructions in clause 66 herein.
68. You must comply with directions from us to facilitate a return.
69. Returned Products must be returned in their original undamaged packaging, and must be in a re-saleable condition.
70. It is your responsibility to ensure that returned items are returned safely.
71. We take no responsibility for items lost in transit.
You acknowledge and agree that we will not accept a return and will not refund your order based on a change of mind or incorrect sizing.
Privacy Policy
73. Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Website.
Medical Disclaimer
74. You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and using fitness equipment and products. You may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels, joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to (a) known or unknown health problems or previous injuries; (b) pregnancy; (c) engaging in activity which is too strenuous for your level of fitness and health; (d) tripping or slipping – including over fitness equipment both at home and in the gym; and (e) attempting an activity which is beyond your exercise capability.
75. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services.
76. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website, the Program or its products and services, is at your sole risk.
77. Persons with pre-existing medical conditions, are pregnant or breastfeeding, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Programs.
78. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.
79. You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.
Limitation of Liability
80. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
81. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
82. We will not be liable for any loss or injury attributable to (1) your fault; (2) a third party unconnected with the provision of products or Services provided by us (such as the owner of premises where you undertake a program); (3) any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website or your downloading any materials from the Website or other material on the Website, or any Website linked to it; (4) the conduct or actions of customers online or offline or their use of the Website; (5) the suitability of a product, Service or Program purchased from the Website by you; (6) unauthorised access or use of your account or Subscription by a third party; (7) any website links contained on the Website to external organisations or advertisements or the use of such external organisations website or app; or (8) events neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.
83. We are not liable if you ignore our requirements set out in these terms and conditions, or at any other time, to seek medical or professional advice.
Our rights to modify services
84. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.
85. We will give you notice of any changes, for instance by: (a) publishing them on our website; or (b) writing to the address (post or email) you last gave us.
86. The most up-to-date terms and conditions always apply.
87. You agree that we may transfer, assign, license or deal with our interest in the Website, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by clause 87.
Jurisdiction
88. These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
Indemnity
89. You agree to indemnify us, our officers, directors, employees and agents to the full extent needed from any and all third party claims, liabilities, costs, expenses (including solicitor/client costs on an indemnity basis), that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
90. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in relation to the Website or that by your actions of conduct.
91. You agree to indemnify us, our officers, directors, employees and agents, for any claims, losses, liabilities, costs or expenses ("losses") incurred by us where you may cause, or contribute to such losses.
92. You indemnify us, our officers, directors, employees and agents, and hold us harmless for any and all claims, losses, liabilities, costs or expenses arising out of or in connection with: (1) your use of the Website or participation in any Program; (2) use of products or services purchased through the Website; (3) our use of any content provided to us by you; (4) your breach of duty of care, or negligence towards another customer of the Website; or (5) you behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other customers or third parties.
General
93. Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the Website and your use of it.
94. Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
Information provided on Website
95. All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
Notice
96. We may give notice to you by email to your email address in your account or by written communication to your address as set out in your account. You may give notice to us by email to contact@viebysylviaroberts.com
PRIVACY POLICY
Vie Pilates Pty Ltd (“Vie Pilates”), its subsidiaries and affiliates are 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 Policy details how Vie Pilates collects, uses, transfers, and shares your personal information.
This Privacy Policy applies to the personal information we obtain when you interact with Vie Pilates when you visit and use our locations, attend our events, use our websites, apps, and other online services or apply for a job with us or otherwise connect with us (collectively, the “Services”).
In this Privacy Policy, "we", "us" and "our" refers to Vie Pilates, and "you" refers to any individual about whom we collect personal information.
INFORMATION WE 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 collect the following information when you engage with us.
When you create an account we collect:
Name and contact information
Date of birth
Demographic information
Username and password that you may select in connection with establishing an account on our Services
Fitness and nutrition statistics which you provide to us
Emergency contact information
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
Personal preferences such as favourite classes and instructors
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 enquiries;
Any additional personal information you provide to us, or authorise us to collect, as part of your interaction or membership with Vie Pilates.
When you buy products through Vie Pilates or our partners, affiliates, and subsidiaries:
Billing information (e.g., credit card details)
Shipping information such as your address
Purchase history
When you use our Websites or Apps
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 Vie Pilates online account through these platforms
When you choose to sync or connect your devices
Fitness information with your consent (e.g. heart rate, calories, steps, distance, duration, location) collected from third-party fitness devices (e.g. Apple Watch, Android Wear), apps or services (e.g., Apple Health, Google Fit, Samsung Health) when you consent to connect your device or account.
When you interact with us
Any additional information relating to you that you provide to us through our Services
Information you provide to us via voluntary members feedback or engagement surveys
Information provided when attending Vie Pilates events or Vie Pilates sponsored events (e.g., email address, professional affiliation)
If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings
Information Collected by Automated means
When you interact with our online services, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A 'cookie' is a small file text file that websites send to a visitor’s computer or other Internet-connected devices to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag, or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.
We use these automated technologies to collect information about your equipment, devices, internet connection, browsing actions, and usage patterns. The information we obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, browsing history, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Sites. We may also obtain information about how you interact with our services, such as features and pages you visit, search queries, and download errors.
These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the products and services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services. Most web browsers are initially set up to accept cookies. You have the option of disabling or refusing cookies at any time in your browser preferences. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. However, note that some parts of our Sites will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences, and/or may have difficulty completing transactions.
Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time. Please note that not all tracking will stop even if you delete cookies. For information about Do Not Track, please visit: www.allaboutdnt.org
For more information about how we use cookies, please visit our cookies policy here
HOW WE USE YOUR PERSONAL INFORMATION
Vie Pilates collects personal information reasonably necessary to carry out our business, to assess and manage our members' needs, and provide our Services to you. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you and/or third parties and managing member relationships.
The purposes for which Vie Pilates 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
Information to provide you with access to events (e.g., for certain events, we may require professional licensure information)
For quality control and administration and assisting us to develop new and improved products and Services
To recruit interns, staff, and employees
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 do not sell your personal information or transfer personal information to third parties to use for their own benefit; however, we allow certain companies to place tracking technologies like cookies on our Services. Those companies receive information about your interaction with our Services that is associated with your browser or device and may use that data to serve you relevant ads on our Services or others. Except for this kind of sharing, we do not sell any of your information. For more information please see the section of our policy titled, “Information Collected by Automated Means.”
SHARING PERSONAL 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.
DATA RETENTION
We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose. When we no longer need the personal information we collect, we either anonymize the information upon your request or securely destroy the information, unless we are legally required to retain it.
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 . You may also unsubscribe from receiving marketing or other commercial emails by following the instructions included in the email. (If you use more than one e-mail address, then send your opt-out e-mail from each of your e-mail addresses.) 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 endeavour 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 .
Your exercise of the rights described above is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). If you exercise any of these rights we will check your entitlement and respond in most cases within a month.
You may make a complaint about privacy to the Privacy Officer at the contact details set out below. We may ask you to provide further information about your complaint and the outcome you are seeking.
If you are not satisfied with our response to your complaint, or you consider that Vie Pilates may have breached the Australian Privacy Principles or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website.
With respect to individuals located in the EU/UK, where we are unable to resolve an inquiry or a complaint, you have the right to contact the data protection regulator in the European country in which you are based.
INTERNATIONAL DATA TRANSFERS
Vie Pilates is a global organization and works with members, service providers, sponsors, and commercial interests across the globe. We may transfer your personal information to countries other than the country in which you initially provided the information for the purposes described in this Privacy Policy. For example, if you are located outside of Australia, we typically transfer and process all personal information in Australia, the United Kingdom, or the United States. The countries to which we transfer personal information may not guarantee the same level of protection for personal information as the one in which you reside.
We may transfer personal information from the United Kingdom or the European Economic Area (“EEA”) to countries that the United Kingdom’s Secretary of State or the European Commission (as applicable) has deemed to adequately safeguard personal information, in which case no additional safeguards are required in order to transfer this information. If we transfer your personal information to other countries, we will either transfer it subject to the recipient’s compliance with standard contractual clauses, Binding Corporate Rules, or with your consent to the transfer, unless we are permitted by law to transfer personal information without such formalities.
HOW WE PROTECT INFORMATION
We maintain administrative, technical and physical safeguards designed to protect personal information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Despite such efforts, however, please note that no organization can fully eliminate risks or guarantee the security of personal information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of information about you at any time, and we bear no liability for uses or disclosures of personal information or other data arising in connection with the theft of the information or other malicious actions.
LINKS TO THIRD-PARTY WEBSITES
Our Services may contain links or references to third party websites. These websites are outside of our control, and the privacy policies of these sites may differ from our own. Please be aware that we have no control over these third-party websites and our Privacy Policy does not apply to such websites. We encourage you to check the terms of use and privacy policies of such websites before disclosing any personal information via such websites.
UPDATES TO THIS PRIVACY POLICY
Vie Pilates may amend this Privacy Policy from time to time, with or without notice to you. 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).
CONTACT US
The contact details for Vie Pilates are:
E: contact@viebysylviaroberts.com
RESIDENTS IN THE UNITED KINGDOM OR THE EUROPEAN ECONOMIC AREA
In this Privacy Policy, we have described the purposes for which we may use your personal information. If European data protection laws apply to you, we are permitted to process your personal information in this way, in compliance with these laws, by relying on one or more of the following lawful grounds:
You have explicitly agreed to us processing your information for a specific reason;
The processing is necessary to perform the agreement we have with you or to take steps to enter into an agreement with you;
The processing is necessary for compliance with a legal obligation we have; or
The processing is necessary for the purposes of a legitimate interest pursued by us, which might be:
a) To prevent fraud;
b) To protect our business interests;
c) To ensure that complaints are investigated;
d) To evaluate, develop or improve our products; or to keep our clients informed about relevant products and services, unless you have indicated at any time that you do not wish us to do so.