Privacy Policy
5th Element Wellness Pty Ltd
ABN 49 162 247 467
Effective Date: August 19, 2025
1. About This Policy
At 5th Element Wellness Pty Ltd (“we”, “us”, “our”), we are committed to protecting your privacy and handling your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
This policy outlines how we collect, use, disclose, and store your personal and health information. By engaging our services, you consent to the practices described in this policy.
2. What Information We Collect
We may collect the following types of information:
a. Personal Information
- Name, address, date of birth
- Email address and phone number
- Emergency contact details
- Payment and billing details
b. Sensitive Health Information
- Medical history and current health status
- Functional test results (e.g. blood, stool, saliva, DNA methylation)
- Training and nutrition assessments
- Lifestyle and behavioural information
- Notes from consultations or sessions
c. Digital and Usage Data
- Information from cookies and tracking tools (e.g. Google Analytics, Meta Pixel)
- Device and browsing behaviour on our website
- Form submissions and preferences
d. Visual Content
- Photos and videos taken during in-person or digital sessions, events or with your participation in gym activities
(Note: Images may be used in marketing material without separate consent unless specifically requested otherwise)
3. How We Collect Your Information
We may collect information:
- Directly from you (via forms, assessments, consultations)
- Through software you interact with (e.g. Mindbody, Trainerize, GoHighLevel, Mailchimp)
- Through third-party health test providers (e.g. i-screen, Nutripath)
- Automatically when you use our website or interact with our marketing tools
4. Why We Collect Your Information
We collect, hold and use your information to:
- Provide you with health, fitness and wellness services
- Facilitate functional and diagnostic testing services
- Personalise your training and coaching experience
- Manage bookings, programs, payments and communications
- Send newsletters, updates, and promotional content (you may opt out at any time)
- Comply with any legal or professional obligations
5. How We Store Your Information
Your personal and health data may be stored using the following secure platforms:
- Mindbody Online (bookings, payments, membership records)
- Trainerize (training programs and communication)
- i-screen / Nutripath (functional testing and lab reports)
- Mailchimp / GoHighLevel (email communication)
- Google Drive and Apple Cloud (internal documents and media)
We implement safeguards to protect against unauthorised access, misuse or disclosure, including password protection, encryption, and access controls.
6. Third Parties We Work With
We may share your information with:
- Functional pathology testing providers (e.g. i-screen, Nutripath)
- Technology partners listed above
- Healthcare professionals or practitioners involved in your care (with consent)
- Legal, accounting, or compliance advisers (if required)
We do not sell or trade your personal or health data to third parties under any circumstances.
Where data is stored overseas (e.g. via cloud providers), we take reasonable steps to ensure those providers comply with privacy standards comparable to those under Australian law.
7. Consent and Choice
We will request your informed consent when collecting sensitive health information or when facilitating external tests. You may choose not to provide certain information, but doing so may limit your ability to access some of our services.
8. Accessing and Managing Your Information
You may:
- Request access to your personal or health information
- Request corrections or updates
- Withdraw consent for us to store or use your data
- Request deletion of your records (subject to legal obligations)
Requests will be actioned within 30 days of receipt. To make a request, email: [email protected]
9. Data Retention
We retain health records for a minimum of 7 years (or until age 25 for minors), as required by law. Marketing and communication data may be retained until you unsubscribe or request removal.
10. Cookies and Website Tracking
Our website uses cookies, Google Analytics, Meta Pixel and similar tools to monitor usage and optimise your experience. You can adjust your browser settings to manage or disable cookies.
11. Data Breach Notification
In the event of a data breach likely to cause serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required under the Notifiable Data Breaches scheme.
12. Complaints and Contact
If you have concerns about how your information is handled, or wish to lodge a complaint, please contact us at:
Privacy Officer
5th Element Wellness Pty Ltd
📍 79 Queens Parade, Fitzroy North VIC 3068
📧 [email protected]
If you are not satisfied with our response, you may contact the OAIC directly at www.oaic.gov.au.
13. Policy Updates
This policy may be updated from time to time. The latest version will always be available at https://5ew.com.au/privacy-policy or by request.