This Privacy Policy explains how Apex Fitness Advisory Pty Ltd (ABN 68 694 157 581) ("APEX", "we", "us", "our") collects, uses, stores, shares and protects your personal information when you visit our websites, apply for or book a call, buy a program or product, join our community, or receive emails and SMS text messages from us.
Because we coach clients in Australia, the United States, the United Kingdom and elsewhere, we handle personal information in line with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles, and, where they apply to you, the UK GDPR, the EU GDPR and applicable US state privacy laws.
By using our services, you acknowledge this Policy. Where we need your consent (for example, to collect health information or send SMS messages), we ask for it separately.
1.Who we are
APEX is an online 1:1 health and performance coaching business based in South Australia. We are the organisation responsible for (the "controller" of) your personal information.
Apex Fitness Advisory Pty Ltd, ABN 68 694 157 581, 106 Grant Ave, Toorak Gardens SA 5065, Australia. Email: info@apexfitnessadvisory.com.
This Policy applies to apexfitnessadvisory.com and its subdomains, our booking, application and checkout pages, the Apex App, the Apex Inner Circle community, and all emails, calls and SMS messages we send.
2.Information we collect
Contact and identity information
Your name, email address, mobile phone number, country, time zone, occupation and social media handle.
Application and booking information
Your answers to our application and booking forms, such as your goals, current situation, training history and availability.
Health and fitness information (if you become a client)
- Your health screening form, including medical conditions, injuries, medications and relevant medical history.
- Body measurements, weight, body composition scans (such as DEXA and InBody) and progress photos.
- Blood test results and other health reports you choose to share with us.
- Nutrition logs, meal photos, training logs, habit tracking and check-in responses.
- Data from wearable devices you choose to connect (such as WHOOP or Oura), including sleep, recovery, heart rate and activity.
Payment information
Billing name, address, transaction history and payment status. Card details are entered directly into our payment processors (such as Stripe and ThriveCart) and are never stored by APEX.
Communications
Messages, emails, SMS, community posts, and recordings and transcripts of calls (see section 8).
Technical and usage information
IP address, device and browser type, pages visited, referring source, and how you interact with our pages and emails.
3.How we collect it
We collect information directly from you when you fill in a form, book or attend a call, make a purchase, use the Apex App, connect a device, message us or post in our community. We collect some information automatically through cookies and similar technologies. Occasionally we receive information from third parties, such as a scan provider you have asked to send us your results, or a social platform when you message us there.
4.How we use it
- To assess your application, book and run calls, and tell you whether a program is right for you.
- To deliver your coaching: designing your training and nutrition framework, reviewing your data, preparing progress reports and supporting you through check-ins.
- To process payments, manage your account and keep business and tax records.
- To send you service messages by email, SMS or in-app message, including appointment confirmations and reminders.
- To send you marketing emails you have signed up for (you can unsubscribe at any time).
- To improve our coaching, content and services, including training our team.
- To keep our services secure, prevent fraud, and comply with our legal obligations.
Legal bases (UK and EU residents). We process your information to perform our contract with you, for our legitimate interests in running and improving our business (balanced against your rights), to comply with the law, and on the basis of your consent (for health information, SMS and marketing). You can withdraw consent at any time without affecting processing that has already happened.
We do not sell your personal information, and we do not share it for cross-context behavioural advertising.
5.Health information
Health information is sensitive information. We only collect it with your consent, and only what we need to coach you safely and effectively. It is accessible only to your coaching team and the service providers that host it for us.
We may use analytics tools, including AI-assisted tools, to help analyse your data and prepare your reports. These tools process your information on our behalf under confidentiality and data-protection terms, and your coach reviews all outputs before they reach you.
We do not use your health information for marketing. We never publish your results, photos or testimonial without your separate written consent, which you can withdraw for future use at any time.
6.SMS and text messaging
If you provide your mobile phone number and opt in, Apex Fitness Advisory may send you SMS text messages about appointment confirmations and reminders, coaching check-ins, program updates and responses to your inquiries.
- Consent to receive SMS messages is not a condition of purchase.
- Message frequency varies. Message and data rates may apply.
- You can opt out at any time by replying STOP to any message. You will receive one final message confirming you have been unsubscribed, and no further messages will be sent.
- Reply HELP for assistance, or email info@apexfitnessadvisory.com.
- Mobile carriers are not liable for delayed or undelivered messages.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.
See our SMS Messaging Terms for full program details.
7.Email and marketing
If you download a free resource or join our email list, we will send you emails about health, performance and our programs. Every marketing email includes an unsubscribe link. Unsubscribing from marketing does not stop service messages about a program you have purchased.
8.Call recordings
Strategy calls and coaching calls held by video may be recorded and transcribed so we can keep accurate notes, support your coaching, and train our team. We will tell you at the start of a call if it is being recorded. You can ask us not to record a call. Recordings are stored securely and accessed only by our team.
9.Who we share it with
We share personal information only with people and organisations that help us run our business, and only as much as they need. They include:
- Our team: coaches and staff bound by confidentiality obligations.
- Coaching and community platforms: such as Trainerize and FitMetrics (the Apex App) and Circle (the Apex Inner Circle).
- CRM, email and messaging providers: such as GoHighLevel/LeadConnector (CRM, booking and SMS) and Kit (email).
- Forms, pages and scheduling: such as Typeform, Leadpages, Google Workspace and Zoom.
- Call recording and transcription: such as Fathom.
- Payment processors and banks: such as Stripe, ThriveCart and Airwallex.
- Professional advisers: such as our accountants, lawyers and insurers, where reasonably necessary.
- Authorities: where required by law, or to protect someone's safety.
- A buyer or successor: if our business is sold or restructured, subject to this Policy.
Our service providers may only use your information to provide services to us. All of the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
10.Overseas storage and transfers
Many of our service providers store data outside Australia, mainly in the United States, and some in the United Kingdom, the European Union and Canada. Our team may access information from Australia and other countries where they are based. We take reasonable steps to ensure overseas recipients protect your information to a standard consistent with the Australian Privacy Principles. For UK and EU residents, transfers are protected by appropriate safeguards such as the UK International Data Transfer Addendum or EU Standard Contractual Clauses, or an adequacy decision.
11.Cookies and tracking
Our websites use cookies, pixels and similar technologies to make pages work, remember your preferences, measure page and email performance, and understand which content and channels bring people to us. You can block or delete cookies in your browser settings; some page features may not work without them.
12.How long we keep it
- Client records, including health information: for the length of your program and up to 7 years after it ends, so we can answer questions, defend claims and meet legal and insurance obligations.
- Financial records: at least 5 years, as required by Australian tax law.
- Leads and applicants who do not become clients: up to 2 years after our last contact, unless you ask us to delete it sooner.
- Marketing lists: until you unsubscribe.
After that, we securely delete or de-identify your information.
13.How we protect it
We use reputable platforms with encryption in transit, access controls and multi-factor authentication, and we limit access to the team members who need it. No system is completely secure. If a data breach is likely to cause you serious harm, we will notify you and the relevant regulator as required by law.
14.Your rights
Depending on where you live, you can ask us to:
- access the personal information we hold about you;
- correct information that is inaccurate, out of date or incomplete;
- delete your information, unless we need to keep it by law;
- restrict or object to how we use it, including for direct marketing;
- give you a copy of your information in a portable format;
- withdraw your consent at any time.
Email info@apexfitnessadvisory.com to make a request. We will respond within 30 days, may need to verify your identity, and will not charge you unless the law allows it for excessive requests. You may also deal with us anonymously or under a pseudonym where that is practical, although we cannot coach you without knowing who you are.
15.US residents
Depending on your state, you may have the right to know what personal information we collect, access and delete it, correct it, and opt out of its sale, targeted advertising or profiling. We do not sell personal information or use it for targeted advertising based on sensitive data. We will not discriminate against you for exercising your rights. You or an authorised agent can contact us at the email above to make a request, and you may appeal our decision by replying to our response.
16.Children
Our services are for adults aged 18 and over. We do not knowingly collect personal information from anyone under 18. If you believe a minor has given us information, contact us and we will delete it.
17.Complaints
If you have a concern about how we have handled your information, email us first and we will respond within 30 days. If you are not satisfied, you can complain to the Office of the Australian Information Commissioner (oaic.gov.au), the UK Information Commissioner's Office (ico.org.uk), or the data protection authority where you live.
18.Changes to this Policy
We may update this Policy from time to time. We will post the updated version on this page with a new "Last updated" date, and tell you by email if the changes are significant.
19.Contact us
Apex Fitness Advisory Pty Ltd
106 Grant Ave, Toorak Gardens SA 5065, Australia
Email: info@apexfitnessadvisory.com