• A division of Putting Health At The Top

Legal

PRIVACY POLICY

1. OUR COMMITMENT TO PRIVACY

1.1 GoFatGone (Business Name – SYZ Global Pty Ltd) (GoFatGone, we, our, or us) respects your privacy, and is committed to complying with its obligations contained in the Privacy Act 1988 (Cth) (Act).

1.2 This Privacy Policy sets out how GoFatGone, and their related entities, will handle your personal information.

1.3 GoFatGone is committed to protecting the privacy of all individuals it deals with, and will treat your personal information confidentially and according to the Act, which include the Australian Privacy Principles (APPs), which set out the ways in which an organisation can collect, use, disclose, store, and provide access to personal information.

1.4 Personal information is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable. Personal information also includes sensitive information, which includes information about an individual’s health.

1.5 This Privacy Policy however expressly does not apply to personal and sensitive information of our Australian employees since employee records are exempt from the Act.

2. HOW WE COLLECT YOUR PERSONAL INFORMATION

2.1 GoFatGone will collect your personal information in a fair and lawful manner. Where it is practical to do so, we will collect your personal information directly from you, and only to the extent necessary to provide you with our products or services and carry out our operations. However, sometimes we also collect your personal information from the following mediums:

( a) the GoFatGone website (which might include the time and date you accessed it)

2.2 GoFatGone may collect personal information from you when:

(a) you submit an enquiry, appointment or contact form online via the GoFatGone website;

(b) you submit any other information directly via the GoFatGone website;

(c) in performing GoFatGone’s assessment of your enquiry, including any subsequent discussions in any form, whether verbally, in writing, electronically or otherwise;

(d) it is administering any of its services;

(e) you contact GoFatGone by telephone;

(f) you email GoFatGone; or

(g) you have contact with GoFatGone in person or chat.

2.3 GoFatGone will collect, use and disclose your personal information only for the particular purpose that you provided it, or for a directly related purpose (see clause 4.3). GoFatGone may otherwise use your personal information where that other use is:

(a) required or permitted by law; or

(b) with your express or implied consent.

3. TYPES OF PERSONAL INFORMATION WE COLLECT

3.1 The kinds of personal information that GoFatGone will collect about you will depend on the type of interaction that we have with you. For example, GoFatGone may collect your personal and sensitive information when you apply to become our client and use our services, which may include your name and Contact details, Gender, Country, date of birth, medical history and any previous health and weight-loss services and products you have received from GoFatGone or Ph@tt (Putting Health At The Top) Program. More specifically:

(a) Clients, Prospective Clients and the General Public

We may collect your name, age, gender, telephone number, address, email address, medical history, health information, Mentor name as well as any previous weight-loss services and products that you have received from us. In our day-to- day dealings with you, we may collect information relating to general weight-loss matters, product enquiries, as well as complaints.

We may also use above client information to create account in Modere website.

(b) Business Service Providers and Contractors

In the context of our business relationship, we may collect your name, ABN or ACN, address telephone number and email address.

(c) Social Marketer

We may collect your name, gender, country, telephone and email address, as well as information, references and reports arising out of the assessment of your potential suitability.

3.2 GoFatGone may also collect your name and contact details which you provide to us, in order to respond to your questions and comments about GoFatGone and its products and services.

3.3 GoFatGone will only collect your personal and sensitive information where you have consented, or otherwise in accordance with the law.

3.4 When GoFatGone collects personal information from you, it will take reasonable steps to ensure that you are made aware of the details of the collection (including the purposes for which the information was collected and the organisations to which the information will be disclosed) and the fact that this Privacy Policy contains details on how you may access or correct your information and how to raise any complaints.

3.5 Personal information that GoFatGone collects is held in different formats, including in both hard copy and electronically.

3.6 If GoFatGone receives personal information about you that it has not requested, and GoFatGone would not be able to collect this information under the APPs if it had requested it, then GoFatGone will destroy or de-identify the information where lawful and reasonable to do so.

3.7 You are not required to disclose your personal information to GoFatGone, however, if you do not do so, we may not be able to provide you with any products or services that you have requested, or provide you with an appropriate response to your enquiries.

4. USE AND SHARING OF YOUR PERSONAL INFORMATION

4.1 The way in which GoFatGone will use and disclose your personal information depends on the reasons for which it was collected.

4.2 GoFatGone will only use or disclose your personal information for the main reason for which it was collected (such as to provide you with health and weight-loss products or services, or to respond to your enquiry), for a directly related purpose, or otherwise where you have consented to such use or disclosure or the use or disclosure is in accordance with the law.

4.3 Some of the specific instances where GoFatGone will collect, use and disclose your information is to:

(a) assess and review your employment enquiry;

(b) provide you with marketing and promotional material regarding health and weight-loss opportunities and information concerning the health and weight-loss industry;

(c) undertake research (i.e. market research or health and weight-loss services and products research, the results of which may be published but without your personal information (except with your prior consent));

(d) provide you with any of our products and services;

(e) manage and administer our products and services;

(f) add you to our mailing list where you have subscribed to our newsletter; and

(g) investigate your feedback regarding our products.

5. DIRECT MARKETING

5.1 GoFatGone may, from time to time, use your personal information to provide you with health and weight-loss updates and information, information about other products and services, details of current promotions and so that it can undertake market research or research into health and weight-loss services and products. This information may be shared with you using a variety of channels, such as direct mail, email and telephone. We may also collect and use your demographic and other data for market research, statistical, advertising and promotional purposes.

5.2 GoFatGone will only provide you with such communications in accordance with the law. If you do not wish to receive these communications from GoFatGone, please free to contact us via website contact form.

6. CROSS BORDER DISCLOSURE AND STORAGE OF YOUR PERSONAL INFORMATION

6.1 We may disclose your personal information outside of Australia as follows:

(a) to our current & future social marketers located overseas, particularly (but not limited to) in New Zealand, Canada, United States of America, Japan, United Kingdom, Europe, India;

(b) to our website, data hosting and other service providers.

(c) to our business contractors

6.2 This does not diminish your rights and we will take all reasonable steps to ensure transferred information is kept secure in accordance with the Act. By submitting your personal information to us you agree that you do not object to any such transfer, processing or storage. If we merge, combine or sell a part of our business, we may also pass on your details to our new colleagues and any entity through which they operate unless prohibited from doing so by law.

6.3 We do not share your personal information with other organisations unless you give us your express consent, where sharing is otherwise required or permitted by law, or where this is necessary to enable our contractors to perform specific functions, such as to assess or carry out your request.

6.4 We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service.

7. ANONYMITY AND USING A PSEUDONM

Where lawful and practicable, you have the option of dealing with GoFatGone anonymously or by using a pseudonym, including through our website and social media pages. However, GoFatGone will generally require your contact details if you would like us to provide any form of services or products to you.

8. SECURITY OF YOUR PERSONAL INFORMATION

8.1 GoFatGone will take all reasonable steps to ensure that your personal information is protected against misuse, interference and loss, and unauthorised access, modification or disclosure.

8.2 When your personal information is no longer needed for the purposes for which GoFatGone is authorised to use or disclose it, we will take reasonable steps to destroy the information or ensure it is de-identified unless such information is required to be retained by law.

9. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

9.1 You have the right to request access to the personal information you provide, and to correct or update your personal information. This right is subject to certain exceptions allowed by law.

9.2 To obtain access to your personal information:

(a) you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;

(b) you will need to be reasonably specific about the information you require; and

(c) GoFatGone may charge you a reasonable administration fee, which reflects the cost to us for providing access in accordance with your request.

9.3 In certain circumstances, GoFatGone may refuse to allow you access to your personal information where this is authorised by the law, such as where giving access would have an unreasonable impact on the privacy of others, or where providing you with access would be unlawful.

9.4 GoFatGone takes all reasonable steps to ensure that the personal information it collects, uses and discloses is accurate, up-to-date and complete, relevant and not misleading. If you believe that the personal information we hold about you requires correction, you may request that the information be corrected by contacting us using the details in this Privacy Policy. Where GoFatGone corrects your personal information, it will also take reasonable steps to notify third parties that have previously been disclosed your information of the correction.

9.5 If GoFatGone refuses your request for access or correction, it will provide you with written reasons for the refusal, and how you may complain about the decision.

9.6 Furthermore, you may instruct us to remove any previous consent you may have provided to receive marketing communications from GoFatGone or to remove you from its database.

10. ONLINE VISITORS AND COOKIES

10.1 GoFatGone may collect your personal information through its website, such as your email address and contact details when you submit an online enquiry. GoFatGone will handle such information in accordance with this Privacy Policy and the law.

10.2 GoFatGone will also collect site usage data through its use of internet cookie technology or similar devices. Cookies are small data files which record your visit and may collect statistical information about your visit (such as the pages you visit on our website) in order to customise and improve your website experience. Most internet browsers will accept cookies automatically, but you can delete or disable cookies by changing your browser settings, however some parts of our site may not work properly if you do. This information may be analysed to provide us with insights into users interests and behaviour, and may include the use of websites using a range of common technical tools, including cookies, pixels and transparent GIF files.

10.3 For completion, a cookie is a small file of letters and numbers that is put on your computer if your browser settings allow this. These cookies allow our service provider to distinguish you from other users of the website which helps them to provide you with a good experience when you browse our websites, and also allows us to improve our site.

10.4 For completion, the third party analytics services (such as Google Analytics) applied to our website also track a user’s online activities across unrelated websites and allows for customised presentation of advertising material to your browser (using adware). We do not receive reports that identify you, however the providers of the analytic services may be able to identify users from your IP address, and may use this personal information about your internet use for their own purposes or those of other clients.

10.5 Furthermore, some of our webpages may contain links to other third party sites. Whilst we take reasonable steps to ensure this is always clear, we do not take responsibility for any collection or use of personal information if you choose to click on these links, and you should refer to the privacy policies of the relevant third party in this regard.

10.6 Our websites use industry standard tools to safeguard any personal This may include (but not limited to) firewalls and Secure Socket Layers (SSL) where information is being transmitted over the Internet. There are however inherent risks in transmitting personal information over the Internet, and neither GoFatGone nor its service providers can guarantee the security of information you choose to provide through our websites. Our websites are optimised for use with Google Chrome Version 36 or Firefox Version 34, or above, with Javascript enabled. Use with other browsers (especially older versions), or with Javascript disabled, may result in a different experience.

11. YOUR ACKNOWLEDGEMENT OF GOFATGONE’S PRIVACY POLICY

11.1 This Privacy Policy meets GoFatGone’s obligations under the APP’s which requires us to set out our policies on the management of personal information in a clearly expressed document which is available to anyone that asks for it.

11.2 Without limiting the generality of the above statement, your access to this communication constitutes an acknowledgement that you have been made aware of GoFatGone’s Privacy Policy.

11.3 By accessing and viewing this website, you acknowledge and accept the content of this Privacy Policy.

11.4 This policy does not create or confer upon any individual any rights, or impose upon GoFatGone any rights or obligations outside of, or in addition to, those imposed by the Act.

12. CONTACT DETAILS AND COMPLAINT HANDLING

12.1 GoFatGone is committed to working with its clients and members of the public to obtain a fair resolution of any complaint or concern about privacy. To contact us with a query, compliment or complaint, please provide us with the full details of your complaint and any supporting documentation using our website contact us form.

12.2 Upon receipt of your query, compliment or complaint, we will endeavour to:

(a) provide an initial response to you within 14 business days or such longer period as is necessary;

(b) investigate and attempt to resolve your query or complaint within 30 business days or such longer period as is necessary and notified to you by our team.

13. POLICY UPDATE

13.1 GoFatGone reserves the right to change this Privacy Policy at any time, and any amended Privacy Policy is effective upon posting to the GoFatGone website.

13.2 GoFatGone will make every effort to communicate any significant changes to you via email, telephone however your continued use of the GoFatGone website, and acceptance of GoFatGone’s products and services, will be deemed acceptance of any amended Privacy Policy.

    • This Privacy Policy was last modified: Apr 2020

TERMS AND CONDITIONS

1. Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

2. Intellectual Property Rights

Other than the content you own, under these Terms, GoFatGone and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.

3. Restrictions

You are specifically restricted from all of the following:

(a) publishing any Website material in any other media;

(b) selling, sub-licensing and/or otherwise commercializing any Website material;

(c) publicly performing and/or showing any Website material;

(d) using this Website in any way that is or may be damaging to this Website;

(e) using this Website in any way that impacts user access to this Website;

(f) using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

(g) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

(h) using this Website to engage in any advertising or marketing;

(i) Certain areas of this Website are restricted from being access by you and GoFatGone may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

4. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying
Your Content”, you grant GoFatGone a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. GoFatGone reserves the right to remove any of Your Content from this Website at any time without notice.

5. Your No Warranties

This Website is provided “as is,” with all faults, and GoFatGone express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

6. Limitation of liability

In no event shall GoFatGone, nor any of its team members, officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. GoFatGone, including its team members, officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent GoFatGone from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

GoFatGone is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

10. Assignment

The GoFatGone is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms constitute the entire agreement between GoFatGone and you in relation to your use of this Website, and supersede all prior agreements and understandings.

12. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of New South Wales in Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New South Wales for the resolution of any disputes.
General Terms and Conditions applicable to Use of a Web Site.

Website Disclaimer

1. Introduction

1.1 This disclaimer shall govern your use of www.gofatgone.com.au , www.gofatgone.com

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) 2020, GoFatGone.

3.2 Subject to the express provisions of this disclaimer:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser; and

(c) print pages from our website,

subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Limited warranties

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

6.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3  To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a) are subject to Section 7.1; and

(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8. Variation

8.1 We may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

9. Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

10. Law and jurisdiction

10.1 This disclaimer shall be governed by and construed in accordance with the Australian law.

10.2 Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of Australia.

11. Additional Disclaimers around Go Fat Gone and Ph@tt Program

11.1 Go Fat Gone
  • All information, recommendations, statements and advice on this website is for general guidance only and with the understanding that we are not rendering medical advice of any kind. Any products referred to in the Content are not intended to diagnose, treat, cure, or prevent any disease; nor can we share testimonials regarding specific medical conditions.
  • GoFatGone makes no representation or warranties of any kind, expressed or implied, as to the Content included on this site. It is given in good faith and based on sources believed to be reliable and accurate at the time of release on the website.
  • The Content is not designed for people who are under 18 years of age, pregnant or breastfeeding, have diabetes, existing medical conditions or taking any medications, without first seeking advice from their Doctor or medical practitioner.
  • The Content has not been evaluated by the Therapeutic Goods Administration. The Content should not be used as a substitute for medical treatment or consultation with a medical practitioner.
11.2 Putting Health At The Top (PHATT)
  • Some content on GoFatGone website is from Putting Health At The Top (PHATT or Ph@tt ).
    Ph@tt expressly excludes all liability and responsibility for the Content, any matter or things done or omitted to be done by any person in reliance on the Content, or any loss (including consequential loss) or damages suffered or sustained by any person as a result of or attributable to the Content.
  • It is the responsibility of the consumer to consult a medical practitioner before embarking on the Ph@tt Weight Loss Program. We note that individual results may vary.
  • The Ph@tt program and any products referred to in this communication are not intended to diagnose, treat, cure or prevent any disease. Please consult your Medical Practitioner/Health Care Provider for your specific health needs. We cannot give medical advice or direction; nor can we share testimonials regarding specific medical conditions.

12. Our details

12.1 This website is owned and operated by SYZ Global Pty Ltd under trading name GoFatGone.

12.2 GoFatGone welcomes your comments regarding this Disclaimer. If you have any questions about this disclaimer and would like further information, please contact us using our website contact form.

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