1. Preliminary

Elements Australia (QLD) Pty Ltd ACN 626 731 87, an Australian registered company t/as Elements Studio and Elements TV collects, uses and stores Personal Data in the manner set out in this Privacy Policy.

Where your personal data is protected by the GDPR, we will process your personal data in accordance with the GDPR. Where your Personal Data is protected by the Australian Privacy Act 1988 (Cth), I will process your personal data in accordance with the Australian Privacy Act, as well as extending you the same or similar rights as contained in the GDPR and as set out in this Privacy Policy (unless it is unlawful or impractical to do so).

Our contact details are:

Name: Elements Australia (QLD) Pty Ltd ACN 626 731 87

Address: 64 Logan Rd Woolloongabba 4142 Qld.

Phone: +61 (0)7 33910521

For Privacy Issues Email: hello@estherw3.sg-host.com

The primary function of Elements TV by Elements Australia is to provide you with a platform that allows you to access high quality educational content relating to general well-being, yoga + movement, meditation and physical performance. Our Application allows you to record and track your physical performance and milestones and to share that information with other users of the Elements TV Application. Whilst on your journey with us, our innovative Application will also capture highly sort after wellness data on you and allows you and your coaches, trainers and support staff to monitor your wellness and performance over time.

If you are a coach, trainer or other supporting staff member, our fully functional and user-friendly Application allows you to see the status of your athletes well-being in real time and assists you to manage training loads via the use of the data recorded.

Our processes involve the collection and use of Personal Data in order for us to achieve these outcomes. We understand that people with whom we engage are concerned about their privacy and the confidentiality and security of any Personal Data that is provided to us.

Words that are capitalised in this Privacy Policy, such as “Personal Data” are defined in clause 7 of this policy.

2. Basis for collection

Where collect your Personal Data, we will do so on the following basis:

  1. a) Contractual services

Where you have downloaded or subscribed to our Application we will need to collect and use your Personal Data to:

  1. enter into our agreement with you; and
  2. deliver to you our services that are available through our Application.
  1. b) Legitimate Business Purposes

Where we are not collecting and using your Personal Data for the purposes of entering into a contract with you, or to deliver to you our services, we may still collect and use your Personal Data where we consider:

  1. you will not be detrimentally impacted by our collecting and use;
  2. such collection and use is in accordance with what you would reasonably expect in the context of our use of your Personal Data; and
  3. it is necessary to fulfil our legitimate interests.

This may include, for example, use of your Personal Data to improve our Application or the range of services that are available through our Application.

  1. c) Legal compliance

There are certain situations in which we may be required to process your Personal Data in order to comply with the law, for example if we are subject to an order of the Court requiring such processing.

  1. d) Consent

In certain circumstances we may request your explicit consent to our processing of your Personal Data. Where we do so, we will provide an explanation of the nature of the processing to which you are consenting. You can withdraw your consent at any time by contacting Elements Australia using the contact information contained in section 1.

Where your Personal Data has been collected under the GDPR, you may also contact our EU Representative.

3. Minors

In order to use our Application or otherwise access our services you must be at least over the age of sixteen (16) or, where the legal jurisdiction in which you are based prescribes a higher age of majority, at least that age.

Where you are under the age of sixteen (16) or relevant age of majority, your parent or guardian must consent to the collection and use of your Personal Data in accordance with this Privacy Policy. Where your parent or guardian has not provided such consent, you must not use the Elements Australia Application or otherwise access any of the services that we provide.

If you are a parent or guardian providing consent on behalf of a child for whom you are responsible, references to “you” in this privacy policy will be references to your child.

4. Anonymity

Due to the nature of the services provided by Elements Australia it is generally impractical for us to deal with you on an anonymous basis. However, where it is practical for us to do so, we shall provide you with the option to deal with us anonymously or by using a pseudonym.

5. Collection of information

5.1 How we collect information

We collect Personal Data in a variety of ways, including through our Website, through your use of our Application, through communications that we receive from you or that you make through out Application (whether electronic or otherwise), or when you otherwise voluntarily provide us with your Personal Data (for example, where you respond to a survey or feedback request).

The Personal Data which may be collected by Elements Australia includes:

(a) your full name;

(b) email address;

(c) phone number;

(d) occupation;

(e) banking and credit card information;

(f) details about sport and recreational teams, clubs and facilities with whom you are associated;

(g) general information regarding your physical attributes (for example – height, weight etc.) and athletic and sporting performance;

(h) general data relating to your physical activity, mental health and fitness;

(i) general information regarding your history of physical injury and general wellbeing;

(j) your account preferences and opinions relating to our services;

(k) all logs, which may include information such as your internet protocol address, browser type, browser version, clickstream data, referring URLs, the pages of our Website that you visit, the time spent on any pages of our Website or Application and other log related information relating to your use of our Website and Application; and

(l) other information that you provide to us voluntarily and directly, including in any enquiry made to us.

All of the above information is processed for the purposes specified in clause 6.2.

Please note that the collection of information by us regarding your physical and mental wellbeing is considered to be collection of special category personal data. By using our application or otherwise engaging with the goods and services that are provided by Elements Australia how soever you are consenting to our collection and use of such special category personal data. This special category data will only be used for the purposes set out in this privacy policy.

5.2 Our website

Whenever you visit our website, our servers automatically record information for statistical purposes about your usage of our website, such as:

(a) the type of browser used;

(b) the referring URL;

(c) the IP address;

(d) the number and type of pages viewed;

(e) the date and time of visits;

(f) the exit URL.

This information remains anonymous and we do not link it to any other Personal Data unless you have either registered as a member of Elements Australia or logged on as a member of Elements Australia (if such functionality is available through our Website) at the time of use. Accordingly, if you have not identified yourself on our Website we will not link a record of your usage of our website to you personally.

5.3 Cookies

We may utilise “cookies” through our Website which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally, but it does identify your computer. You can set your browser to disable cookies or to notify you when you receive a cookie and provide you with an opportunity to either accept or reject it in each instance. If you disable cookies, you may not be able to access certain areas or features on our website.

5.4 Third Party Advertisements

We may from time to time allow third parties, including authorized service providers, advertising companies and ad networks to serve advertisements on our Website or through our Application. Any information that these third parties collect via cookies is completely anonymous and is non-identifiable.

5.5 Use of Google Analytics

We may from time to time use Google Analytics on our Website, a web analysis service operated by Google Inc. (“Google“). Google Analytics uses cookies (text files) which are sorted on your computer and which allow for analysis of your visits to be conducted. Information concerning your visit produced through cookies (including IP address) will be transferred to and stored on a server in the USA operated by Google. Google will analyse this information to produce a report for the operator on website usage and online usage of associated services. Google may also transfer this information to third parties either where this is required by law or where third parties are contracted by Google to process data. Google will not allow your IP address to be linked to any other personal data.

You can prevent cookies being installed on your computer by changing your browser settings; however, if you choose to do this, your visit to our website and use of some functionality may be impaired.

5.6 Members

If you create an account through our Application, then as part of the registration process, we will collect information about you in order to provide you with the full benefits available through our Application. We collect non-identifying information as well as Personal Data from you directly when you first create an account and also from time to time thereafter if you provide us with additional information.

5.7 Third parties

We sometimes collect Personal Data from organisations or people that are known to you such as your coaches, trainers, supporting staff or employers. This information is collected in the pursuance of our legitimate business purposes and so that we can provide our services to you through our Application or Website.

6. Purposes of collecting, holding, using and disclosing Personal Data

6.1 Collection

Where it is reasonable or practical to do so, we will endeavour to only collect Personal Data from you directly. However, in some circumstances and as a consequence of your use of the Application we may receive Personal Data from persons other than you directly (such as where it is provided by your coaches, trainers or other support staff).

6.2 Purposes of collecting Personal Data

Generally, we only use Personal Data for providing, evaluating, improving, personalising and developing our services, Website and Platform. More specifically we use Personal Data to:

(a) enable you to interact with and use our Application;

(b) provide services to you through our Application as well as generally;

(c) interact and provide our services to your coaches, trainers and other supporting staff with whom you are dealing;

(d) acquire and maintain a membership base for Elements Australia;

(e) undertake industry research and statistical analysis, which may be provided to third parties;

(f) perform internal research and for statistical purposes;

(g) promoting and marketing our services;

(h) enable us to forward to you information or material which you have requested or we believe may be of interest to you;

(i) deal with any enquiry you may have, or may make to us; and

(j) achieve any of the purposes described in clause 6.2(a) – 6.2(i) above.

6.3 Holding of Personal Data

(a) Security

We take reasonable steps to protect Personal Data that we hold from:

(i) misuse, interference and loss; and

(ii) unauthorised access, modification or disclosure.

All staff and third party providers with access to Personal Data, including third party data storage providers, are required to comply with appropriate information security industry standards. Although we work to ensure our security systems are current with regard to technological changes, there is always risk associated with the transmission of information via the internet. You acknowledge that we cannot guarantee the security of any data transmission, and as such and data transmission is entirely at your risk. Once we have received your information, we will take reasonable steps to use procedures and security features to try to prevent unauthorised access, modification or disclosure.

(b) Destruction of Personal Data


(iii) we hold Personal Data about you;

(iv) we no longer need the Personal Data for any purpose for which the information was originally processed as set out in clause 6.2; and

(v) we are not required by law, a regulatory authority or a court or tribunal order to retain the information,

we will take reasonable steps in the circumstances to destroy the information or to ensure that the information is de‑identified.

6.4 Use and disclosure of Personal Data

(a) We will only process or disclose Personal Data for the reasons set out in clause 6.2 in accordance with the terms of this Privacy Policy. If we are required to process or disclose your Personal Data for any other reasons, we will only do so if both of the following apply:

(i) those reasons are related to the purposes set out in clause 6.2; and

(ii) you would reasonably expect us to use or disclose the Personal Data for those reasons;

(iii) you have consented to the use or disclosure by us for those other reasons; or

(iv) the use or disclosure of the Personal Data is required or authorised by law, a regulatory authority, or a court or tribunal order.

You acknowledge that where you have provided us with your Personal Data, including special category personal data (such as your health and physical performance information) we will disclose that information to any coaches, trainers or support staff with whom you are connected through the Application and you consent to such disclosure.

6.5 Overseas Disclosure

(a) In order to provide customer support, perform back office functions, store data, undertake fraud prevention tasks or provide services to you we may need to allow our staff or suppliers (who may be located or whose resources may be located Overseas) to access and process your Personal Data. We have implemented security measures to protect the security of your Personal Data. However, as with any transfer of data, there are still risks of data breaches.

(b) Where you are based in the European Union or your Personal Data is otherwise collected in accordance with the GDPR, you acknowledge that there may be instances where your Personal Data is transferred Overseas and to countries and organisations which have not been the subject of an adequacy decision pursuant to the GDPR. Such transfers are necessary for our legitimate business purposes and in order for us to perform our services and process Personal Data in the manner specified in this Privacy Policy.

By providing your Personal Data you are explicitly consenting to the international transfer and processing of such data in accordance with this Policy, in full and informed knowledge of the risks associated with such transfers and processing. 

(c) In all other circumstances we will only disclose Personal Data to an Overseas recipient if:

(i) you consent to the transfer; or

(ii) the disclosure of the information is required or authorised by law, a regulatory authority, or a court or tribunal order.

7. Access and correction

7.1 Access to Personal Data

We will provide you with access to the Personal Data held by us in relation to you except to the extent that denying access is required or authorised by law, a regulatory authority or a court or tribunal order.

7.2 Request for Access

To request access to the Personal Data held by us about you, you must contact us using the contact details provided in clause 1 , following which we will contact you within a reasonable time from our receipt of your request and either provide you with that Personal Data, or notify you when we will provide you with your Personal Data.

Any Personal Data requested will be provided not more than 30 days after our receipt of your request unless we decide not to provide you with access to the Personal Data. We will only decide not to provide you with access to your Personal Data where to do so  would breach the law, the ruling of a regulatory authority, or a court or tribunal order. If this is the case we will advise you of the reasons for such decision.

7.3 Use of Intermediaries

Where because of any of the reasons described in 7.1 above we are not required to provide you with access to the Personal Data then we will, if it is reasonable to do so, give consideration to whether the use of mutually agreed intermediaries would allow sufficient access to meet our respective needs.

7.4 Costs

We will not charge your for providing you with an initial copy of your Personal Data. However, we reserve the right to charge you for providing additional copies of your Personal Data after the first. If we do decide to charge you fees, such fees will not be excessive and we will notify you of those costs prior to providing you with a copy of the Personal Data. We may require those costs to be paid prior to providing you with further copies of your Personal Data.

7.5 Data portability

Insofar as it does not adversely affect the rights and freedoms of others and where you have communicated a request to us:

(a) we will provide you with such Personal Data that we have collected about you in a structured, commonly used and machine-readable format; or

(b) after receiving your request, where technically feasible, we will transmit your Personal Data directly to another data processor or controller.

7.6 Correction of Personal Information

(a) We are obligated to ensure that Personal Data that we are processing is kept accurate and up-to-date. Accordingly, please notify us if any of your Personal Data changes, so that we may update our records. We note that you will also have the capacity to update substantially the Personal Data that we hold relating to you via our Application.

(b) If at any time you wish to correct any Personal Data held by us, please contact us as specified in clause 1 and we will correct such Personal Data (having regard to the purpose for which it is held) to ensure that the information is accurate, up to date, complete, relevant and not misleading.

If we elect not to correct your information due to a relevant law, regulatory authority or court or tribunal order, we will notify you within a reasonable time of the reason for our refusal.

(c) If we correct Personal Data about you that we previously disclosed to another party, we will take reasonable steps in the circumstances to give that party notification, unless it is impracticable or unlawful to do so.

(d) You have the right to the erasure of your Personal Data. If you wish to have your Personal Data erased, please let us know and we will take all reasonable steps to destroy it, unless we need to keep it in order to comply with a law, regulatory authority or court or tribunal order. Again, where we have provided your Personal Data to a third party, we will take reasonable steps to ensure that party also deletes your Personal Data.

7.7 Restriction of processing

You may request that we limit or restrict the way we deal with and process your Personal Data. Where we are satisfied grounds for restriction exist, we will only process your Personal Data:

(a) with your consent;

(b) for the establishment, exercise or defense of legal claims against us; or

(c) or for the protection of the rights of another natural or legal person.

8. Complaints

8.1 Making a complaint

If you believe that we have used or disclosed your Personal Data in a manner which is contrary to this Privacy Policy or otherwise breaches an applicable law, then you should contact us using the contact information contained in clause 1. We will happily work with you to address any concerns that you may have.

If you are based in the European Union and have a complaint regarding your Personal Data, you may also contact our European Representative using the contact information contained in clause 1 of this Privacy Policy.

Within 30 days of receipt of your complaint we will notify you in writing as to what action we propose to take in relation to your complaint and will provide you with details of what further action you can take if you are not satisfied with our response.

You also have the right to lodge a complaint with the relevant supervisory authority in your jurisdiction. If you are unsure who your relevant supervisory authority may be, please contact us so that we may provide you with assistance.

9. Definitions

Application means the software application made available to you by Elements Australia and includes both the software application made available to athletes as well as coaches.

GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the procession of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Overseas means the transfer of Personal Data to a jurisdiction outside of that in which it was originally collected and processed.

Personal Data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Special Category Personal Data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Website means the website located at the domain name www.elements-studio.com.auor as updated by us from time to time.