KCBM PTY LTD T/A OYANA
Personal information: The types of personal information we may collect about you include:
images of you;
your contact details, including email address, address and/or telephone number;
your gender, age and/or date of birth;
your payment details (through our third party payment processor);
your written comments, reviews, preferences and/or opinions;
information you provide to us, including information provided through customer surveys;
your sensitive information as set out below;
details of services we have provided to you and/or that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Services, including through the use of Internet cookies, your communications and activities associated with our Services (including active energy, exercise minutes, walking and running distance, participation in workouts), the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications and integrations (including Apple HealthKit, GoogleFit, iCal and Google Calendar), associated social media platforms and/or accounts from which you permit us to collect information (including information such as your profile photo, profile information, location); and
any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
to enable you to access and use our Services, associated applications and associated social media platforms;
to contact and communicate with you;
for internal record keeping, administrative purposes, invoicing and billing purposes;
for analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms;
to run promotions, competitions and/or offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have; and
if you have applied for employment with us; to consider your employment application.
Disclosure of personal information to third parties
We may disclose personal information to:
third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators or providers (including Apple Billing and Google Pay);
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
sponsors or promoters of any promotions or competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia including in the USA; and
third parties to collect and process data. This may include parties that store data outside of Australia.
By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy law. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.
How we treat personal information that is also sensitive information
Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.
The type of sensitive information we may collect about you includes your height and weight and health and other biometric information that may be collected through integrated applications or devices (including Apple HealthKit and GoogleFit).
Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected, including:
providing services for a purpose that is directly related to the primary purpose for which the sensitive information was collected; and/or
data analytics purposes.
Sensitive information may also be used or disclosed if required or authorised by law.
Your rights and controlling your personal information
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the relevant authority in the country in which you are based.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Cookies and web beacons
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Services.
We may use web beacons on our Services from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see or any other URL Google may use from time to time.
Analytics: We may monitor, analyse and compile statistical information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics). You agree that we may use such Analytics, provided that it does not contain identifying information; and is not complied using a sample size small enough to make your personal information identifiable.
Links to other websites
For any questions or notices, please contact us at:
KCBM Pty Ltd t/a Oyana (ABN 22 625 547 944)
P.O. Box 2, Balwyn North VIC 3104 Australia
Last update: 13 November 2019