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Privacy Policy

This is a provisional policy, published to meet the requirements of third-party integrations FITLY connects to (such as wearable device providers). It has not yet been reviewed by a Victorian solicitor and should not be relied on as final legal advice. It will be replaced with a reviewed version before FITLY is generally available to the public.

v2.0 · 2026-09-08

FITLY Personal Training, ABN 15 904 586 244, a sole trader business operated by Matthew Totton in Victoria. This is the document you sign. It says what we collect, why, who sees it, where it goes, how long we keep it, and what you can do about all of that.

The law that applies to us

FITLY provides a health service and holds health information, so the Privacy Act 1988 (Cth) applies to us in full. The small-business exemption does not apply to a business in our position.

Because the information is collected in order to provide a health service, the Act treats effectively all of it as health information, which is sensitive information. Your name and email address are health information in our hands, not just your injuries. We hold it all to that standard rather than drawing a line inside your record.

Victoria's Health Records Act 2001 also applies to us, with no turnover threshold at all. So we answer to the Office of the Australian Information Commissioner federally and to the Health Complaints Commissioner in Victoria.

What we collect

Identity and contact details: your name, date of birth, email address, phone number, and where you are training.

Pre-exercise screening: the screening questions you answer before starting. Adults answer the Adult Pre-Exercise Screening System's questions; if you are 16 or 17, you answer the Pre-Exercise Screening System for Young People's instead, which asks about some different things.

Health screen answers, all optional: sleep, medication, bone density and fall risk, menstrual cycle and fuelling, pregnancy, postpartum and life stage, and whether you hold a GP clearance.

Movement assessment findings: what each screen showed, any restriction or asymmetry, anything you reported as painful, and any referral that resulted.

Training data: sessions, sets, reps, loads, cardio, personal records, and how you rated a session.

Nutrition and habit data: what you log, including food, water and supplements, and habits you tick off.

Body data: weight, measurements and, only if you choose to take them, progress photographs.

Wearable and connected-device data, only if you choose to connect one: your daily step count, sleep duration and timing, and resting heart rate. If you connect a device we also hold the access keys that let us read it, and we can read only what you approved and nothing else. We never write anything back to your device account. Separately, if you use a Bluetooth heart-rate strap during a session, that reading is taken live in your browser from the strap itself.

Form review videos you send, and messages between you and Matthew.

Payment records: what you paid and when. Your card details are handled by Stripe and never reach us.

For a client aged 16 or 17: their parent or guardian's name, relationship and contact details.

Why we collect it

To program your training safely and to adjust it as you progress. To decide whether something should be referred to a health professional rather than coached. To calculate the general nutrition figures the app shows you. To show you your own progress. To run your billing. To contact you about your coaching. To meet our record-keeping obligations as a health service provider in Victoria.

We do not use your information for advertising. We do not sell it. We never have.

What happens if you do not give it

The screening questions and your identity and contact details are required. Without them we cannot coach you safely and cannot take you on.

Everything else is optional, including the whole health screen, the movement assessment, and every photograph. Declining any of it does not affect your access to coaching. It means your program is built with less to go on, and we say so at the point we ask.

Who sees it

Matthew Totton, and nobody else at FITLY, because there is nobody else at FITLY.

Nobody else sees your records unless one of these applies: you ask us to share something with a health professional, you give us written permission for a specific use, we are required by law or by a court, or it is genuinely needed to prevent a serious threat to someone's life, health or safety.

Progress photographs are held to a stricter rule again. They stay between you and Matthew, and never go anywhere else without your separate, specific, written permission at the time, which you can withdraw.

The services that run FITLY, and where they are

Some of the services that run FITLY are overseas. Your records are stored in Australia, in Sydney. Payments go through Stripe in the United States, email through Resend in the United States, push notifications through Google in the United States, and crash reports through Sentry in Germany. Traffic to the app passes through Cloudflare's network, which has servers worldwide. If you connect a wearable, that provider is overseas too: Oura and Polar are in Finland, and Fitbit is operated by Google in the United States.

Each of those services sees only what it needs. Stripe sees your name, email and payment. Resend sees the emails we send you and their contents. Google's push service sees a notification and a device token. Sentry sees crash reports, which are stripped of personal information before they are sent. Cloudflare carries the traffic. A wearable provider you have connected sees only that we are asking for your data, and gives us the readings you approved. Our database provider stores the records, in Australia.

We hold these providers to contractual obligations about how they handle your information. Where a provider overseas mishandles information we disclosed to it, the Privacy Act treats that as our own breach, not as something we can point elsewhere for, and we accept that.

Things the app works out automatically

Three parts of FITLY produce a result without a person reviewing it first, and you should know which:

Your nutrition figures, calculated from your height, weight, age, sex, activity level and goal by standard published formulas.

Movement assessment scoring, which turns what a screen showed into a ranking and a level.

Programming suggestions, including load and volume progression, calculated from what you have logged.

None of them is a diagnosis, and none is a prescription. Each is a starting point Matthew reviews and can override, and you can ask him about any figure and get an explanation of where it came from.

How long we keep your records

We keep your client record until the later of two dates: twelve years after the last time we provided you with a service, and, if you were under 18 when we first collected your information, your 25th birthday.

These are not numbers we picked. Victoria's Health Records Act 2001 forbids a health service provider from deleting health information before the later of seven years after the last service and the individual turning 25. Victoria's Limitation of Actions Act 1958 sets the window in which a personal injury claim can be brought, and twelve years covers it with a margin.

What this means in practice, said plainly: if you ask us to delete your health records inside that period, we are not permitted to. We will tell you so, tell you the date it can be honoured, and honour it then. Everything we are allowed to delete on request, we delete on request.

When a record is deleted we make a written note of whose it was, what period it covered, and the date it was deleted, as the Health Records Act requires.

Records that are not health information, and that we no longer need for any purpose we are permitted to use them for, are destroyed or de-identified, as the Privacy Act requires.

What you can do

See everything we hold about you. Ask, and we will give it to you within 45 days, as Victorian law requires.

Correct anything wrong. Most of it you can edit yourself in the app. Your date of birth is the exception, because your record's retention depends on it, so a change goes through Matthew.

Withdraw your consent to anything optional, at any time, in Settings, without giving a reason. Withdrawing consent to something required means we can no longer coach you, and we will tell you that rather than letting you find out.

Ask us to delete your information. We delete everything we are permitted to delete. Where the retention rule above prevents us, we tell you so and tell you the date.

Complain. Tell Matthew first if you want to, but you do not have to. You can go straight to the Health Complaints Commissioner on 1300 582 113 or hcc.vic.gov.au, or to the Office of the Australian Information Commissioner on 1300 363 992 or oaic.gov.au. Both are free and neither needs our permission.

If something goes wrong

If we have reason to suspect a data breach that could seriously harm you, we assess it within 30 days. If we then have reasonable grounds to believe it is likely to cause serious harm, we notify you and the Office of the Australian Information Commissioner as soon as practicable, under the Notifiable Data Breaches scheme.

We will tell you what happened, what information was involved, and what to do about it. We will not wait for the assessment to finish before telling you if telling you sooner would help you protect yourself.

Your consent

By signing, you consent to us collecting, holding and using your health information for the purposes in clause 3, and to the disclosures in clauses 5 and 6, including to the overseas services named there.

This consent is yours to give and yours to withdraw. If you are 16 or 17, it is still yours: your parent or guardian signs a separate document, and it is not a consent given on your behalf.

Contact

Contact Matthew in the app, or at fitly4fitness@gmail.com.