Consent and Privacy Statement

Effective Date: 1st May 2024

My Inspiration Never Dies Pty Ltd and licensed partners detailed in item 1 (“MIND”) values your privacy. MIND offers human performance assessment and allied health services. At our websites, detailed in item 2 (the “Sites”), you may view your results, watch your progress, and otherwise support your personal journey. In this Consent and Privacy Statement (the “Policy”), we describe the information that we collect from you when you use our device and our Sites (collectively, our “Services”). By visiting the Sites, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Sites or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. Our Terms of Service are incorporated by reference into this Policy. This Policy does not cover what information the participating facilities or other locations (collectively, “venue partners”) collect from you in connection with your use of their facilities and/or our device, or how those venue partners use and disclose your information.

Purpose | Why

I understand there are always risks associated with all health care procedures, including screens, assessments, movement and exercise interventions.

I understand my Exercise Physiologist will provide me with an environment where I feel safe to explore my bodies amazing capabilities.

I understand my participation in this exercise program is entirely voluntary, and I understand I may withdraw from participating at any time.

MVMT

I understand I will be required to participate in screens and assessments in order to obtain baseline measurements of where I am now, physically.

I understand I will have to engage in a number of movements and exercises to help improve my mobility, stability, strength and other specific goals.

I understand that I may experience some degree of discomfort during some of my movements, particularly in the form of breathlessness and a feeling of fatigue in the legs/arms but the exercises will generally be within my normal range of physical activity.

I understand developing and participating in this program, I may experience improvements in my movement integrity and physical ability.

I understand I may potentially experience some physical plateaus within my program, which I will work through with my Exercise Physiologist.

I understand that there exists the remote possibility during exercise of adverse changes including, but not limited to, muscle and joint soreness or strains, abnormal blood pressure, fainting, dizziness and nausea.

I understand that it is possible to experience disorders of heart rhythm, exacerbation and/or aggravation of my underlying condition and in very rare instances I may experience a heart attack, stroke, or sudden death.

MIND

I understand I will be required to participate in screens and assessments in order to obtain baseline measurements of where I am now, mentally.

I understand that developing and participating in this program, I will also be influencing my mental health and well-being.

I understand I may potentially experience some mental plateaus within my program, which I will work through with my Exercise Physiologist.

Consent for assessment – Adult (18+ years)

I (as specified in the registration) am over the age of 18 and consent to participating with MIND as outlined in the terms set out below.

I understand that I may be taking activities of a physical nature and physical exercise at or near maximal capacity and that there are possible risks (light headedness, shortness of breath, fainting, abnormal blood pressure and nausea) associated in undertaking such physical activities and exercising at this level and that there may be unavoidable risks of physical injury or resulting damage, known or unknown, associated with any exercise performed at high intensity (including permanent disability or death). I understand that these risks of injury and/or damage may also be caused by third parties, circumstances, or events over which MIND may not be responsible for, have control over or could reasonably foresee.

I confirm that my participation in the testing is completely voluntary and made with full knowledge of the inherent risks of injury and/or damage that may occur during the testing, and that I can withdraw my consent freely and without prejudice at any time before, during or after the testing.

I acknowledge that I do not know of any medical condition, symptom or other reason that would prevent me from participating in any high intensity assessment or any form of assessment where applied technology is used and I understand the risks involved.

I confirm that I will present myself for the testing in a suitable condition and that failing to do so will result in being removed from the testing (privacy retained). Suitable condition refers to those participants not under the influence of alcohol, illegal drugs, or any other illicit foreign substance.

I understand that MIND will be recording my testing results onto a database and all information will be treated confidentially with my right to privacy assured. I fully understand and agree that the information be accessible by myself, MIND, GPTI and with the organisations, teams, coaches, and trainers with whom I further consent.

I understand that my testing data will be utilised for statistical calculations and managed securely under the terms of the privacy statement.

I hereby release and hold harmless MIND, it’s directors, officers, officials, agents, employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the testing (“Releasees”) with respect to any and all injury, disability, death or loss or damage to any person or property whether arising from the negligence of the Releasees or otherwise to the fullest extent permitted by law.

Consent for assessment – Minor (under 18 years)

My child/ward (as specified in the registration) is under the age of 18 and consent is granted to their participating with MIND as outlined in the terms set out below.

I understand that my child/ward may be taking activities of a physical nature and physical exercise at or near maximal capacity and that there are possible risks (light headedness, shortness of breath, fainting, abnormal blood pressure and nausea) associated in undertaking such physical activities and exercising at this level and that there may be unavoidable risks of physical injury or resulting damage, known or unknown, associated with any exercise performed at high intensity (including permanent disability or death). I understand that these risks of injury and/or damage to my child/ward may also be caused by third parties, circumstances, or events over which MIND may not be responsible for, have control over or could reasonably foresee.

I confirm that my child/ward’s participation in the testing is completely voluntary and made with full knowledge of the inherent risks of injury and/or damage that may occur during the testing, and that I can withdraw their consent freely and without prejudice at any time before, during or after the testing.

I acknowledge that I do not know of any medical condition, symptom or other reason that would prevent my child/ward from participating in any high intensity assessment or any form of assessment where applied technology is used and I understand the risks involved.

I confirm that I will present my child/ward for the testing in a suitable condition and that failing to do so will result in being removed from the testing (privacy retained). Suitable condition refers to those participants not under the influence of alcohol, illegal drugs, or any other illicit foreign substance.

I understand that MIND will be recording my child/ward’s testing results onto a database and all information will be treated confidentially with their right to privacy assured. I fully understand and agree that the information be accessible by myself, my child/ward, MIND, GPTI and with the organisations, teams, coaches, and trainers with whom my child/ward is affiliated.

I understand that my child/ward’s testing data will be utilised for statistical calculations and managed securely under the terms of the privacy statement.

On behalf of my child/ward, I release and hold harmless MIND, it’s directors, officers, officials, agents, employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the testing (“Releasees”) with respect to any and all injury, disability, death or loss or damage to any person or property whether arising from the negligence of the Releasees or otherwise to the fullest extent permitted by law.

Consent to accessibility to TiD scouts

I authorise MIND to provide non-personal identifiable data from testing to MIND registered talent identification scouts whom have specific opportunities available.

I understand that personal identifiable data will not be provided unless prior approval in writing is provided by me.

I understand that, upon request of the talent identification scout to connect with me, MIND will provide me the necessary contact information including but not limited to name, telephone number and email for me to connect with the talent identification scout and there remains no obligation for me to do so.

I acknowledge that upon contact at my discretion with the talent identification scout directly this forms a relationship between the talent identification scout and myself personally with no interference, responsibility, accountability, or ongoing relationship with MIND.

Any agreements and attached risk made between me and the talent identification scout are solely between the two parties.

Privacy Statement

Your privacy is important to us. This privacy statement explains the personal data MIND processes, how we process it and for what purpose.

MIND offers a wide range of services including data collection, distribution, and interpretation to help operate enterprises worldwide improve health, wellness and development in human performance.

If you have any concern around privacy, complaint, or question for MIND internationally, please contact us by email detailing your notes to [email protected] with a subject line “Privacy Question”.

Data we collect

MIND collects data from you through our interactions with you and through our services. You provide some of this data directly and we get some of it by collecting data about your interactions, use and experiences with our services. The data we collect depends on the context of your interactions with MIND and the choices you make, including your privacy settings, consent and features you use. We also obtain data about you from third parties.

You have choices when it comes to the technology you use and data you share. When we ask you to provide personal data you can decline. Many of our services require some personal data to provide you with the necessary service. If you choose not to provide data necessary to provide you with a service or feature, you cannot use that service or feature. Likewise, where we need to collect personal data by law or to enter or carry out a contract; or if this relates to an existing service you are using, we may have to suspend or cancel it. We will notify you if this is the case at the time. Where providing the data is optional and you choose not to share personal data, features like personalisation that use such data will not work for you.

MIND refer to data in two forms including “Personal Identifiable Data” and “Non-Personal Identifiable Data”.

Personal Identifiable Data includes but is not limited to:

First name, middle names, last name
Email address
Postal address
Telephone number
Non-Personal Identifiable Data includes but is not limited to:

Human performance data
Date of birth
Preference of hand or foot
Activity preferences (i.e. specific sport)
Accreditations
Ability and participation levels
GPTI event participation history
Ethnicity
Gender

We require you to create an account to view your results online. To register, we require the following information: your name, email address, password, date of birth, gender. After you register, you may add information to your profile. You also may have the opportunity to set up your unique identifier so that you may log into our device at your participating venue partner. If you sign up for a membership, we will collect your credit or debit card information and your billing and shipping address. When you use our services, we will collect your personal human results; this information will be associated with your user profile.

Information we collect from third parties

We may automatically collect the following information about your use of our Sites or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site. Please see the section below entitled “Cookies and Other Tracking Mechanisms” for additional information.

How we use personal data

MIND uses the data we collect to provide you with a personal and interactive experience and specifically use the data to:

• To present personalised reports of your human performance to you
• To present group or assessment reports to authorised coaches, teachers or personnel affiliated to you at the time of testing
• For research and development in health, sport and active living strategies locally and globally using non-personal identifiable data
• To improve and develop our products and services
• To provide our Services to you, to communicate with you about your use of our Services, to respond to your enquiries, to fulfil your orders, and for other customer service purposes
• To tailor the content and information that we may send or display to you
• For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information, including products offered by third parties, that we think may interest you
• To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, in order to improve our Sites and Services, for marketing and advertising purposes (e.g., to help us determine where to advertise our products and services as well as to determine what advertisements to put on our Site and appropriate sponsorship activities), to respond to user desires and preferences, and for other research and analytical purposes

We also use the data to operate our business, which includes analysing our performance, meeting our legal obligations, developing our workforce, and doing research.

Reasons we share personal data

We share your personal data with your consent or to complete any transaction or provide a service you have requested or authorised. We also share data with MIND controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain security of our services; and to protect the rights and property of MIND and its customers.

How to access and control your personal data

You can always make choices about the collection and use of your data by MIND. You can control your personal data that MIND has obtained and exercise your data protection rights by contacting MIND or using tools we provide. In some cases, your ability to access or control your personal data will be limited, as required, or permitted by applicable law. How you can access or control your personal data will also depend on which services you use.

How we share your information

We do not share your personal information with non-­affiliated third parties for their own marketing purposes. We may share your information, including your personal information, for the following purposes:

• Other users of our site: Sharing your experiences can be an important and motivating factor in some people’s journey. You may post comments, pictures, and other content on our blogs and in other portions of our Sites. The information that you post will be viewable by other registered users of our Sites.
• Affiliates: We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
• Service providers: We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
  Venue partners: We may share your information and progress with your participating venue partner and/or trainer, however we will only share your images with your specific consent or request.
• Other persons/entities: From time to time, we may provide you with the option of sharing your profile and/or progress with other persons and entities not listed here (e.g., your doctor, a school or practitioner). We only will share your information with your specific consent.
• Business transfers: If we are acquired by or merged with another company, if substantially all our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected about you to the other company.
• In response to legal process: We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To protect us and others: We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
• Aggregate and non­-personal identifiable data information: We may share aggregate or non-personal identifiable data about users with third parties for marketing, advertising, research, or similar purposes.
• Our use of cookies and other tracking mechanisms

Cookies

We use cookies and other tracking mechanisms to track information about your use of our Sites or Services. We may combine this information with other personal information we collect from you. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-­keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites and Services, while others are used to enable a faster log­in process or to allow us to track your activities at our Sites. There are two types of cookies: session and persistent cookies.

Session cookies: Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Sites. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.

Persistent cookies: Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Sites and on third­-party sites.

Disabling cookies

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Sites who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Web beacons, pixel tags and other technologies

We use web beacons, such as clear GIFs, web bugs or pixel tags, which are tiny graphics with a unique identifier similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs in connection with our Site to, among other things, track the activities of website visitors, help us manage content, and compile statistics about website usage. We and our third-party service providers also use clear GIFs in HTML e­mails to our customers, to help us track e­mail response rates, measure the success of our marketing campaigns, identify when our e­mails are viewed and track whether our e­mails are forwarded.

Third party analytics

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Sites. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. We do not share your personal information with these third parties. These third parties may place cookies on your computer or use other tracking order to conduct the requested analytics.

User generated content

As stated above, we invite you to post content on our Sites, including your comments, pictures, and any other information that you would like to be available on our Sites. If you post content to our Sites, all of the information that you post will be available to registered Site users. If you post your own content on our Sites or Services, your posting may become public and GPTI cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Third­ party links

Our Site contains links to third­-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of my personal information

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorised access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorised access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log­in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorised password activity.

Access to my personal information

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Sites for a period of time. What Choices Do I Have Regarding Use of My Personal Information? We may send periodic promotional or informational emails to you. You may opt­-out of such communications by following the opt-­out instructions contained in the e­mail. Please note that it may take up to 10 business days for us to process opt­-out requests. If you opt­-out of receiving emails about recommendations or other information we think may interest you, we may still send you e­mails about your account or any Services you have requested or received from us.

Contact us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us [email protected].

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Sites. If we make any changes to this Policy that materially affect our practices with regard to the personal information, we have previously collected from you, we will endeavour to provide you with notice in advance of such change by highlighting the change on our Site or by sending an email to the address of record.

Schedules

Item 1 – Licensed partners

Global Performance Testing International Pty Ltd

Item 2 – Websites

www.myinspirationneverdies.com
www.mymindvoyage.com