Privacy Policy

1. Compliance with Australian Privacy Principles

1.1 Train Aero Pty Ltd ACN 678 000 327 (Train Aero) respects and acknowledges the importance of privacy. Train Aero complies with the Australian Privacy Principles (AP Principles) as contained within the Privacy Act 1988 (Cth) (Act), when collecting, using, disclosing and managing your personal information.

1.2 This Privacy Policy contains information in relation to our management of your personal information in accordance with the AP Principles.

1.3 For the purposes of this Privacy Policy, the term "personal information" and "sensitive information" have the meanings given to them in the Act.

1.4 Please read this policy carefully.

2. Age requirements and Parental consent

2.1 Train Aero is designed to support individuals of all ages including a dedicated youth section to promote healthy activity and wellbeing. Train Aero provides services to users of different age groups; however, access and use of the Website and/or App by individuals under 18 must occur only with the knowledge and involvement of a parent or legal guardian. Users under 16 may use the Website and/or App only where we have obtained verified parental or guardian consent. If you are aged 16 or 17, you must use the Website and/or App with the knowledge and involvement of your parent or legal guardian. If you are under 18, you must obtain the consent of your parent or legal guardian before providing us with any personal information, using the Website and/or the App, or creating an account.

2.2 For the purposes of clause 2.1, verified consent means consent that we reasonably believe has been provided by a parent or legal guardian, which may include email confirmation, identity verification, or other measures permitted by applicable privacy laws.

2.3 Our Website and App have separate service categories depending on age:

1. Users under 16 years;
2. Users aged 16 to 17 years; and
3. Users aged 18 years and over.

Further information on the applicable terms for each category is set out in our Terms and Conditions https://trainaero.com/

2.4 Full access to the Website and App is intended only for users aged 18 years and over. Users aged 16 to 17 may be provided restricted access in line with our policies and subject to parental or guardian involvement. We do not knowingly permit users under 16 years (without verified consent of a parental or legal guardian) to create an account or provide personal information. If we become aware that we have inadvertently collected such information, we will take reasonable steps to delete it and any associated user accounts. If you believe a child under 16 has created an account or provided false information, please contact us immediately and we will take steps to delete the information and close the account.
If a parent, guardian, or user wishes to delete an account, this can be done directly within the app by following these steps: Account → Settings → Delete Account

2.5 Where we knowingly collect personal information from individuals under 18, we will require verification of parental or guardian consent. Parents and guardians may contact us at any time to review, update, or request deletion of their child's personal information.

3. Use of personal information

3.1 Train Aero may collect and use your personal information for a variety of reasons, which may include but is not limited to the following:

1. to process any order for service(s) or product(s) including the App, you submit to Train Aero (regardless of whether that order is made in acceptance of a fee proposal or quotation of works issued by Train Aero);
2. to send you a post-sale request for a review of the service(s) or product(s) you have purchased from Train Aero;
3. to perform/execute the service(s) or product(s) that you request or purchase from Train Aero;
4. to process your request in relation to any change of scope or other addition or customisation to the product(s) or service(s) agreed to be provided by Train Aero;
5. to process any request for an appointment, booking or assessment with Train Aero;
6. to add you to the Train Aero mailing list;
7. to detect security issues and prevent fraud on the Website;
8. to request feedback on your experience with Train Aero;
9. to share/publish your photo on Train Aero social media channels (with your consent);
10. to provide you with support in relation to the Website and the App;
11. to enable you to access the Website and the App;
12. to complete your requested transactions, to verify the existence of and any conditions attached to your accounts or to assist with a transaction;
13. to process transactions and send notifications about your transactions;
14. confirming your identity for the purposes of anti-money laundering and counter-terrorism laws;
15. to manage and minimise risks and identify or investigate fraud and/or other illegal activities;
16. responding to your enquiries which include the processing of complaints made to Train Aero;
17. the resolution of disputes, collection of fees and troubleshooting problems;
18. enforcement of our terms and conditions;
19. deliver targeted marketing and various other notices and promotional communications based on your selected communication preferences;
20. in the performance of data analytics to improve the Website, the App and your experience with Train Aero;
21. to analyse trends in your visits to the Website and the App;
22. to gather demographic information based on the visits to the Website and the App;
23. protecting Train Aero and its assets (including against fraud) and selling Train Aero assets (including any assignment of debts);
24. enforcing Train Aero's rights (including undertaking debt collection) in connection with the Website and the App;
25. monitoring data, usage, records and statistics derived from your use of the Website and App for the furtherance of Train Aero's business, for general market research and to be disclosed to third parties in relation to the aforementioned;
26. to contact you through the use of various means e.g. telephone, text (SMS) or email messaging, advertising through the Website, the App, third-party websites, mail, and/or any other means as authorised by our terms and conditions;
27. Train Aero's business development, including sending of updates and publications;
28. to manage and deliver contextual and behavioural advertising;
29. to improve and personalise the Website, the App and to learn about your level of satisfaction to ensure client satisfaction throughout the future of the Website and the App;
30. auditing and managing the use of Website and the App; and/or
31. in order for Train Aero to comply with legal and regulatory obligations.

4. Collection of personal information

4.1 Train Aero collects personal information through a variety of methods, which may include the following:

1. directly from you;
2. through your access and use of the Website and the App;
3. through your access and use of any software or other platforms commissioned by Train Aero;
4. through your access of surveys and questionnaires commissioned by Train Aero;
5. when you subscribe to receive information from Train Aero;
6. when you communicate with Train Aero, by email, post or otherwise;
7. through publicly available information; or
8. through social media account(s) which you use to create or log into the Website and/or the App.

4.2 In the event Train Aero is unable to obtain personal information from you as outlined above, this may result in Train Aero being unable to provide you with access to the Website, the App (including any updates) or marketing material.

4.3 Train Aero generally does not collect sensitive information but in the case of the collection of such information, Train Aero will comply with this clause 4.

5. Types of personal information and storage

5.1 The type of personal information that Train Aero may hold includes the following:

1. identification information including your name, date of birth, gender, phone number, address, email address, and other contact information;
2. data necessary to process your payment if you purchase the App, service(s) or product(s) from Train Aero;
3. fitness goals, health information and photos (should you choose to voluntarily share these with Train Aero);
4. your approximate physical location of the devices you use to access the Website and the App;
5. your IP address and other device identifiers, including mobile advertising identifiers;
6. your transaction history, including details of previous purchases or enquiries to Train Aero;
7. aggregate, anonymous, or de-identified non-personal data;
8. any other information provided by you in using the Website and the App; and
9. other information that helps us to identify you or helps us to provide or improve the Website or App.

5.2 Train Aero may collect various financial information such as the full bank account details or credit card numbers that you link to your account with us.

5.3 The personal information referred to in clause 5.1 above may be held by Train Aero in both hardcopy files and also in an electronic form.

6. Disclosure of personal information

6.1 Train Aero may be required to disclose your personal information to the following third parties, but only to the extent reasonably necessary to provide our services or comply with legal obligations:

1. Train Aero's trusted fitness professionals and trainers for the purposes of delivering services and programs to you;
2. external service providers so that the third party can carry out the service that they have been engaged by Train Aero to perform;
3. our partners and the suppliers and service providers who help with our business operations including in relation to fraud prevention, identity verification, payment collection, marketing, customer service, and technology services;
4. third parties who have instructed us to provide goods and/or services;
5. organisations that provide applications, websites, services, goods, software, programs used by Train Aero;
6. third parties that may provide Train Aero with marketing or analytics reports;
7. organisations that help identify illegal activities and prevent fraud;
8. our professional advisors, including our accountants, lawyers, business advisors and consultants;
9. organisations and/or individuals that Train Aero intends on entering negotiations with for any merger, sale of assets, financing, acquisition of all or a part of Train Aero's business; or
10. any legal industry regulatory body in any of the states, territories and jurisdictions that Train Aero operates in.

6.2 Train Aero may be required to disclose your personal information in order to respond to subpoenas, court orders, or to investigate, prevent, defend against, or take action regarding violations of our terms and conditions, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, customers/users or services.

6.3 If you purchase goods and services from Train Aero using the Website and/or the App, our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your name, address, e-mail address, and financial information. Train Aero's payment processors do not share your financial information with Train Aero, but they may share non-financial information with us related to your purchases, including your name, address, and other purchase or order details.

6.4 When you access the Website or App on a connected third-party application or platform (including, but not limited to, Facebook, Apple, or Google), any purchases you make will be processed by that third-party application and subject to that third-party application's terms of service and privacy policy. For these purchases, Train Aero does not receive your financial information, but may receive non-financial information related to your purchases, including your name, address, the goods / services purchased and your approximate physical location.

6.5 Where the Act permits, Train Aero may also disclose personal information to third party suppliers and service providers located overseas for some of the purposes listed above (Overseas transfer).

6.6 Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not possible to identify each and every country to which your personal information may be sent.

1. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the APP, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, Train Aero will not be liable for a breach of the APP if your personal information is mishandled in that jurisdiction
2. If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia's, Train Aero will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the AP Principles.

7. Artificial Intelligence Features and Data Processing

7.1 Overview of AI Features

TRAINAERO uses artificial intelligence ("AI") technology to deliver personalised coaching, program recommendations, and adaptive training guidance within the app. These features are collectively referred to as "AI Features" and include, but are not limited to, Coach Aero and any AI-generated training recommendations, feedback, or content.

7.2 Data Collected and Processed by AI Features

To provide AI Features, we collect and process the following categories of data:

• Account and profile information (e.g. name, age, fitness goals, experience level)
• Training and program data (e.g. selected programs, workout history, completed sessions, rest days)
• In-app activity and usage behaviour (e.g. feature interactions, session frequency, onboarding responses)
• User-submitted inputs and queries directed to AI coaching features
• Device and technical data (e.g. device type, operating system, app version)

We do not intentionally collect sensitive health information (such as medical diagnoses or clinical data) through AI Features. You should not submit such information to any AI-powered feature within the app.

7.3 How AI-Processed Data Is Used

Data processed through our AI Features is used to:

• Generate personalised training programs and coaching recommendations
• Adapt and optimise your program based on progress and activity
• Improve the accuracy and relevance of AI-generated outputs over time
• Maintain and improve the performance and safety of AI Features
• Comply with our legal obligations

We do not use your data to make automated decisions that produce legal or similarly significant effects without human oversight.

7.4 Third-Party AI Provider

TRAINAERO uses a third-party AI provider to power AI Features within the app. Your data may be transmitted to and processed by this provider's systems in order to generate AI outputs. This provider processes data on our behalf under a data processing agreement and is contractually prohibited from using your data for their own independent purposes, including training their own AI models, except where required by law or expressly permitted by you.

We take reasonable steps to ensure that any third-party AI provider we engage meets appropriate data protection standards. However, you acknowledge that AI processing may involve data transmission to servers located outside your country of residence. Where such transfers occur, we ensure appropriate safeguards are in place in accordance with applicable data protection law.

7.5 Data Retention

Data processed through AI Features is retained in accordance with our general data retention policy. AI-generated outputs (such as coaching responses and program recommendations) may be stored within your account to provide continuity of service. You may request deletion of your data at any time by contacting us at the details provided in this Privacy Policy.

7.6 Your Rights in Relation to AI Processing

Where we rely on automated processing as part of AI Features, you have the right to:

• Request information about how AI Features use your data
• Request correction of inaccurate profile data that influences AI outputs
• Request deletion of your personal data, subject to legal obligations
• Opt out of AI Features where technically feasible, by contacting us directly

To exercise any of these rights, please contact us at: [email protected]

7.7 Cookies and Tracking in Connection with AI Features

AI Features may involve the use of analytics and tracking technologies to monitor usage patterns and improve AI output quality. Please refer to our Cookie Policy for further detail on how we use tracking technologies.

8. Marketing Opt-Out

8.1 Train Aero may, from time to time, contact you for marketing and promotional purposes via email, mail, telephone or otherwise. The parties acknowledge that your consent is provided on an ongoing basis for such contact, unless your rights to opt out in accordance with this clause 8 have been exercised.

8.2 In the event you no longer wish to receive any promotional or marketing mail or communication from Train Aero, then you may let us know and we will cease any correspondence or contact relating to these purposes.

8.3 You may opt out from receiving any electronic marketing and promotional communication by following the unsubscribe instructions within any electronic communication that you have received from Train Aero. Additionally, you may opt out from such communication by contacting the Privacy Officer in writing (the details of which are contained at clause 13).

8.4 Unsubscribe or opt out requests originating from electronic communications shall be honoured within ten (10) business days of any such request.

8.5 Any election made to not receive promotional and marketing correspondence from Train Aero will not preclude Train Aero from any of the following:

1. contacting you regarding your existing or past relationship with Train Aero;
2. accessing and viewing your Personal Information in the course of maintaining and improving Train Aero's database and internal systems; or
3. otherwise using your Personal Information in accordance with this Privacy Policy.

9. Cookies

9.1 Cookies are used by Train Aero to maximise and enhance our user experience.

9.2 When accessing the Website and App, small files of data may be placed on your device that enable Train Aero to recognise you as a Train Aero customer each time you return to the Website or App. As a result of these cookies, you avoid the need to keep inputting your information throughout a session and may have these details auto filled when you visit the Website or App. In addition, these cookies enable Train Aero to ascertain information regarding what web pages you visit and how regularly, enabling us to make our websites and platforms increasingly user friendly and to target advertising to content that you may be interested in.

9.3 Train Aero uses Facebook and Google cookies to serve targeted advertisements, measure ad performance and re-engage with visitors.

9.4 You are free to decline the cookies which Train Aero utilises and can disable them through your web browser settings. Please note that declining or disabling cookies may affect your user experience and may render certain features inoperable.

10. Protection of personal information

10.1 Train Aero will take all reasonable steps to ensure that your personal information is properly protected from misuse, loss, unauthorised access, modification or disclosure. We use appropriate technical, administrative and physical safeguards to protect your personal information, however, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

10.2 Train Aero stores your personal information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When your personal information is no longer required for the purposes for which it was collected, Train Aero will take reasonable steps to destroy and anonymise or de-identify it. Notwithstanding this, most of the personal information that is stored in Train Aero client files and records is retained in accordance with applicable laws and regulatory requirements.

10.3 The AP Principles:

1. permit you to obtain access to the Personal Information we hold about you in certain circumstances (APP 12); and
2. allow you to correct inaccurate Personal Information subject to certain exceptions (APP 13).

11. Access to Privacy Policy

11.1 This Privacy Policy is made publicly available free of charge by Train Aero through direct provision to clients as part of a fee proposal or quotation of works, or otherwise through the Website and/or App.

12. Change to Privacy Policy

12.1 This Privacy Policy may change from time to time as required by Train Aero to reflect legislative and other changes. We recommend you review it regularly.

13. European Union General Data Protection Regulation (GDPR)

13.1 In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. The Website and App do not specifically target customers located in the European Union and Train Aero do not monitor the behaviour of individuals in the European Union, and accordingly the GDPR does not apply.

14. Accessing, requesting correction and deletion of Personal Information

14.1 To access, seek or request personal information that Train Aero holds about you, please contact us at:

14.2 In the event you request access to personal information, Train Aero will endeavour to respond to that request as soon as reasonably practicable if and to the extent required by the applicable law.

14.3 If Train Aero is unable to give you access, or if Train Aero declines to amend your personal information, Train Aero will issue a written notice that describes our reasoning for doing so. Train Aero notes that before providing you with any personal information Train Aero will be required to verify your identity.

14.4 You may request deletion of your account and personal information, subject to our legal obligations to retain certain data.

14.5 Train Aero reserves the right to make an administrative charge to you if it is required, to provide you with access to personal information as outlined in this clause 14.

15. Resolving your concerns

15.1 If you wish to make a complaint regarding the way in which Train Aero manages your personal information, or that you feel that Train Aero has fallen short of the required standards set by the Act, please prepare your complaint in writing and supply it to The Privacy Officer.

15.2 A written acknowledgement of your complaint will be provided within 7 days, and Train Aero will attempt to have your concern resolved within 30 days of receipt of your complaint.

15.3 If you are not satisfied with the way your complaint has been handled and/or resolved, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) via www.oaic.gov.au

16. Subscription Details

16.1 Train Aero subscription plans:

1. Subscription Name : Aero Monthly
   Length : 1 Month
   Price : $19.99
2. Subscription Name : Aero Yearly
   Length : 1 Year
   Price : $149.99
3. Subscription Name : Aero Monthly Youth
   Length : 1 Month
   Price : $7.99

16.2 Payment will be charged to your Apple ID account at the time of purchase and renew automatically unless canceled at least 24 hours before the end of the current period.

16.3 You can manage or cancel your subscription in your App Store account settings after purchase.

16.4 Terms of Use (EULA): https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

17. User-Generated Content (Chat)

17.1 User-Generated Content
Train Aero allows users to create and share user-generated content, including text messages, in global chats (“User Content”). Users are solely responsible for the content they submit.

17.2 Prohibited Content
The following content is strictly prohibited and will not be tolerated:

1. Abusive, harassing, hateful, or threatening language
2. Sexually explicit or pornographic content
3. Content involving minors that is inappropriate or exploitative
4. Illegal activities or encouragement of illegal behavior
5. Spam, scams, or misleading content

Violation of these rules may result in content removal, temporary suspension, or permanent account termination without notice.

17.3 Reporting Objectionable Content
Users may report or flag objectionable content directly within the app. Reported content is reviewed by our moderation team, and appropriate action is taken within 24 hours, including content removal and user suspension when necessary.

17.4 Blocking Users
Users may block other users at any time. Blocking immediately prevents further communication and hides content from the blocked user. Blocking also notifies our moderation system for review of potentially abusive behavior.

17.5 Moderation & Enforcement
We actively moderate reported content and reserve the right to remove any User Content that violates these Terms or applicable laws. We may also restrict, suspend, or terminate accounts that engage in abusive or inappropriate behavior.

17.6 Contact Information
Users may contact us regarding safety concerns or content moderation at: [email protected]

17.7 Age Restrictions
Chat features are not available to users below 16 years of age.