Privacy Policy

1.Who we are and what this policy covers

1.1 This policy is issued by Fitness Unicorn Coaching Pty Ltd (ABN 46 680 606 544, ACN 680 606 544), trading as Unicorn Nation and Unicorn Academy (we, us, our). It covers personal information we collect through our website (unicorn-nation.com and related pages), our forms, quizzes and calculators, the Everfit app, our social media accounts and direct messages, email and SMS, phone and video calls, our events, our merchandise store and in person.

1.2 We collect health information to help you improve your health, so we treat ourselves as a health service provider under the Privacy Act 1988 (Cth). That means the Privacy Act and the Australian Privacy Principles (APPs) apply to us in full, whatever our size, and this policy is written to meet them. If you live in the United Kingdom, the European Union or elsewhere, section 16 explains your additional rights.

1.3 Personal information means information about you that identifies you or could reasonably identify you. Health information and other sensitive information is a special category that the law protects more strongly. Section 3 explains how we handle it.

2.What we collect

Depending on how you deal with us, we may collect:

• Identity and contact details: name, email, phone number, postal address (for merchandise and events), date of birth or age bracket, country and time zone, social media handles, and an emergency contact for events.
• Payment details: handled by Stripe. We see the last four digits of your card, the card type, the billing country and your payment history. We do not store your full card or bank account number.
• Health and fitness information: injuries, medical conditions, medications, pregnancy and postnatal status, menstrual and menopause information, mental health and eating history where you choose to share it, height, weight, measurements, body composition, progress photos and videos, training history, sleep, stress, energy, food intake and preferences, allergies, check-in answers and the results of our quizzes, scorecards and calculators.
• Goals, lifestyle and preferences: what you want to achieve, why, your schedule, equipment, budget and coaching preferences.
• Communications: emails, SMS, Instagram and Facebook messages, app messages, call notes, and recordings and transcripts of sales and coaching calls (section 4.4).
• Application and sales information: your answers to our coaching application, how you found us, and notes from our sales team.
• Technical and usage information: IP address, device and browser type, pages visited, links clicked, form progress, referring site, advertising identifiers and cookie data, and the actions you take in the app.
• Marketing information: which emails, messages and ads you open or click, and your subscription preferences.
• Content you give us: testimonials, photos and stories you agree to share, and posts in our community.

You can deal with us anonymously or under a pseudonym for general enquiries and browsing. It is not practical for coaching, because we cannot build a safe program for someone we cannot identify, or for purchases, which need a name and payment details.

3.Health and other sensitive information

3.1 We collect health information only with your consent and only where we reasonably need it to coach you safely and well, to keep you safe at an event, or where the law requires or allows it. You give that consent when you complete our onboarding forms, the Unicorn Academy start-page questionnaire, the Medical and Training Survey, check-ins and event medical forms, each of which tells you what we are collecting and why.

3.2 We use health information only to design and adjust your program, give you feedback, keep you safe, record your progress, and communicate with you about your coaching. We do not use it for marketing and we do not intentionally send it to advertising platforms.

3.3 Progress photos and videos are health information. Only your coaching team and the people who administer our systems can see them. We publish them only with your separate written consent (Terms clause 17).

3.4 You can withdraw consent at any time by contacting us. If you do, we may not be able to keep coaching you safely, and we will tell you if that is the case.

3.5 We only collect other sensitive information (for example about your religion, sexuality or ethnicity) if you choose to share it with us, and we use it only for the reason you shared it, such as dietary requirements at an event.

4.How we collect information

4.1 From you when you fill in a form, quiz, calculator or application, apply for or buy a program, check in, message us, book or attend a call or event, buy merchandise, post in our community, or take part in a survey or competition.

4.2 Automatically through cookies, the Meta Pixel and similar tools when you use our website (section 11), and through the app's own logs when you use the Everfit app.

4.3 From third parties including Stripe (payment status and billing country), Meta and Instagram (public profile details and messages when you contact us there), Everfit (your activity in the app), a person who refers you to us, and, with your consent, your doctor or other health professional.

4.4 Call recording. We record sales calls and coaching calls so we can capture the details of your goals and health accurately, review our coaching, and train our team. We tell you at the start of a recorded call. You can ask us not to record and we will take notes instead. Recordings are stored securely, accessible only to the people who need them, and deleted after 12 months unless we need them longer for a dispute or a legal reason.

5.Why we use your information

We use personal information to:

1. assess your application and decide whether and how we can help you;
2. design, deliver, adjust and personalise your program and give you feedback;
3. keep you safe, including checking whether you need medical clearance;
4. run the community and events;
5. process payments, manage your account and subscription, and chase unpaid fees;
6. communicate with you about your program, check-ins, renewals, and changes to our services or terms;
7. respond to your questions and resolve problems;
8. send you marketing about our programs, resources and events, where you have agreed or would reasonably expect it (section 8);
9. measure and improve our programs, website, content and advertising, usually with de-identified data;
10. protect our business and clients from fraud, abuse and security threats;
11. comply with the law, including tax, consumer and privacy laws, and to establish or defend legal claims.

We do not sell personal information and we do not share your contact details with other businesses for their own marketing.

6.Automated decisions

6.1 When you apply for coaching, an automated formula scores your application using your answers about your goals, history, readiness and circumstances. The score decides whether we offer you a call with our team straight away or place you in our nurture list. A person reviews every application that is offered a call, and our team can review any application on request.

6.2 We do not make automated decisions about your health, your program or your payments. Your coach makes coaching decisions, using tools that help them see your data.

6.3 If you think an automated decision about your application was wrong, email admin@unicorn-nation.com and a person will review it and tell you the outcome.

7.Artificial intelligence tools

7.1 We use AI tools to help our team work faster and more consistently, for example to draft replies to emails and messages, summarise check-ins and application answers, and analyse patterns across our clients. A person always reviews and is responsible for what is sent to you and for every coaching decision.

7.2 We use these tools with the provider's option to use our information to train or improve its models switched off, and we give the tools only the information they need for the task. We do not use AI tools to make decisions about your health.

8.Marketing, and how to opt out

8.1 We send marketing by email, SMS and direct message (including automated replies on Instagram and Facebook) about our programs, free resources, events and offers. We send it to you when you have asked for a resource or offer, applied, bought from us, or otherwise agreed. This complies with the Spam Act 2003 (Cth) and the Australian Privacy Principles.

8.2 Opting out. Every marketing email has an unsubscribe link. Reply STOP to any marketing SMS. Reply "stop" or "unsubscribe" to a direct message, or contact us at admin@unicorn-nation.com. We action opt-outs within 5 business days. Opting out of marketing does not stop service messages about your program, payments or account.

8.3 SMS. We send SMS only to numbers you have given us, identify ourselves in each message, and avoid sending marketing SMS late at night in your time zone. Message and data rates from your carrier may apply.

8.4 Advertising audiences. We may use your email address or phone number, hashed, to show you our ads on Meta platforms or to build audiences of people similar to our clients. We do not use health information for this. You can opt out by asking us, or through your Meta ad preferences.

8.5 United States SMS. If you are in the United States: no mobile information will be shared with third parties or affiliates for marketing or promotional purposes. SMS opt-in data and consent are not shared with any third party, except with our messaging provider to deliver the messages.

9.Who we share information with

9.1 We share personal information only where needed to run our business and deliver your program, with:

• Our coaches, sales and support team, including independent contractors, each of whom sees only the clients and information they need and is bound by confidentiality and this policy.
• The platforms we deliver through: Everfit (the coaching app), Stripe (payments), GoHighLevel (our client system for forms, email, SMS, bookings and e-signatures), ManyChat (Instagram and Facebook message automation), Zoom or similar (calls), and Wix (merchandise store).
• Our internal systems and business tools: our client database and dashboard (hosted with Supabase and Vercel), encrypted database backups (GitHub), Google Workspace, Asana, Slack, Zapier and AI tools (section 7).
• Advertising and analytics platforms: Meta (Facebook and Instagram) and Google, as described in sections 8 and 11.
• Event partners: venues, accommodation, transport and activity providers, who receive only what they need (for example names, dietary needs and, where safety requires it, relevant medical information).
• Professional advisers such as our accountants, lawyers and insurers, under confidentiality.
• Payment recovery and dispute services where fees are unpaid or a chargeback is raised.
• A buyer or successor of our business, in which case this policy continues to apply.
• Regulators, courts and law enforcement where the law requires or allows.

9.2 We require our providers to protect your information and to use it only to provide their service to us. Some providers act as independent businesses under their own privacy policies (for example Stripe, Meta and Everfit) and we encourage you to read them.

10.Overseas disclosure

10.1 Most of the platforms in section 9 are based in, or store data in, the United States. Some also use data centres in other countries, including Ireland and Singapore. Some of our team members and contractors work from outside Australia.

10.2 We take reasonable steps to make sure overseas providers handle your information in line with the Australian Privacy Principles, including choosing established providers with strong security and contractual privacy commitments. You should know that a provider outside Australia may not be bound by the Privacy Act, and if it mishandles your information you may not be able to seek redress under Australian law against it. By giving us your information and using our services, you consent to us disclosing it to the overseas providers described in this policy on that basis. You can ask us for the current list of providers and countries at any time.

11.Cookies, the Meta Pixel and tracking

11.1 Our website uses cookies and similar technologies to make it work, remember your choices, understand how it is used, and measure and improve our advertising.

11.2 Meta Pixel and Conversions API. We use Meta's tools to measure which of our ads lead to visits, sign-ups and purchases, to show our ads to people who have visited our site, and to find new people similar to our clients. These tools collect information such as your IP address, device details, the pages you visit and the actions you take, and may match it with your Meta account. We do not intentionally send health information or your answers to health questions to Meta.

11.3 How to opt out. You can block or delete cookies in your browser settings (some parts of the site may then not work), adjust your ad preferences in your Facebook and Instagram account settings, and use the opt-out tools at youronlinechoices.com.au. On your phone you can limit ad tracking in your device settings.

11.4 Our site may link to other websites and embed content (for example YouTube videos). Their privacy policies apply to what they collect.

12.How we keep information secure

12.1 We protect your information with measures that include encrypted connections, two-factor authentication on our systems, role-based access so team members see only what they need, secure storage through our providers, regular review of who has access, and staff and contractor training.

12.2 No system is completely secure. If you think your account has been accessed without permission, tell us immediately.

13.How long we keep information

• Client records (your program, check-ins, health information and communications): for 7 years after your last program ends, because we need them for tax and legal purposes and to respond to any later complaint or claim. After that we delete or de-identify them.
• Payment records: 7 years, as tax law requires.
• Leads and enquiries who never become clients: until you unsubscribe or ask us to delete you, and in any case we review and delete inactive records after 2 years.
• Call recordings: as stated in section 4.4.
• Photos, testimonials and stories you agreed we could publish: for the period you agreed to, or until you withdraw consent.
• Backups held by our providers may keep copies for a short period after deletion.

Where we no longer need information and the law does not require us to keep it, we take reasonable steps to destroy or de-identify it.

14.Data breaches

We are covered by the Notifiable Data Breaches scheme. If personal information we hold is lost, accessed or disclosed without authorisation and that is likely to result in serious harm to you, we will contain the breach, assess it quickly, notify you with practical advice on what to do, and notify the Office of the Australian Information Commissioner, as the law requires.

15.Your rights and choices

15.1 You can ask us to:

1. show you the personal information we hold about you;
2. correct information that is wrong, out of date or incomplete;
3. delete information, where we no longer need it for the purposes in this policy and the law does not require us to keep it;
4. stop marketing to you (section 8);
5. withdraw consent you have given, for the future;
6. review an automated decision about your application (section 6);
7. send you a copy of information you gave us in a common format.

15.2 Email admin@unicorn-nation.com. We may need to verify your identity. We respond within 30 days and there is normally no charge. If we cannot do what you ask (for example because we must keep records for tax purposes), we will tell you why and what you can do next.

15.3 You can keep your Everfit profile information up to date in the app at any time.

16.If you are outside Australia

16.1 United Kingdom and European Union. If you are in the UK or the EU, the UK GDPR or the EU GDPR applies to our handling of your information. Our legal bases are: performing our contract with you (delivering your program and taking payment); your explicit consent for health data and for marketing; our legitimate interests in running, securing and improving our business and understanding how our site is used; and legal obligations. You have the rights in section 15 and also the rights to object to processing based on legitimate interests, to restrict processing, to data portability, and to complain to your data protection authority (the Information Commissioner's Office in the UK, or your national authority in the EU). Your information is transferred to Australia and to our providers in the United States and elsewhere; we rely on your explicit consent, the need to perform our contract with you, and our providers' standard contractual clauses for those transfers.

16.2 Other countries. If the privacy law of the country you live in gives you additional rights, we will respect them. Contact us to exercise them.

17.Children

Our services are for adults aged 18 and over. We do not knowingly collect personal information from anyone under 18. If you believe we have, contact us and we will delete it.

18.Links to other sites

Our website, app and messages may link to other websites and services, including Everfit, Stripe, Meta, YouTube and event partners. We do not control them and this policy does not cover them.

19.Complaints

19.1 If you are concerned about how we have handled your information, email admin@unicorn-nation.com with the details. We will acknowledge your complaint within 5 business days, investigate it, and give you a written response within 30 days.

19.2 If you are not satisfied with our response, you can complain to the Office of the Australian Information Commissioner at oaic.gov.au or 1300 363 992.

20.Changes to this policy

We review this policy at least once a year and update it when our practices or the law change. The current version, with its date, is always at unicorn-nation.com/privacy. If a change materially affects how we use your information, we will email current clients before it takes effect.

21.Contact us

Privacy Officer
Fitness Unicorn Coaching Pty Ltd, trading as Unicorn Nation
ABN 46 680 606 544 · ACN 680 606 544
Email: admin@unicorn-nation.com
Website: www.fitnessunicorncoaching.com