Privacy Policy & Terms of Service

Scope

This Privacy Policy applies to our website, YouTube channel, donation systems, Pay It Forward projects, events, social media channels, and any services run by The Hammer Effect. It explains how we collect, use, disclose, and store personal information, and how you can access, correct, or delete your information.

Information We Collect

We may collect:

• Contact and identity details, including name, email, phone, social handles
• Donation information and billing details, processed by third-party payment providers
• Communications and support interactions, including chat, email, or call recordings where disclosed
• Usage data, including device details, IP address, pages visited, interactions on our website
• User-generated content, including submissions, comments, community posts, project applications
• Media, including photos or video captured during public filming, Pay It Forward activities, or community interactions
• Preferences and consents for marketing, updates, project notifications, and SMS communications

How We Use Information

We use your information to:

• Operate and improve The Hammer Effect website, YouTube presence, and Pay It Forward projects
• Process donations and issue receipts
• Communicate project updates, supporter announcements, and content releases
• Deliver services, respond to enquiries, and provide support
• Personalise content and improve user experience
• Send transactional notices and, where permitted, marketing communications

We do not sell personal information.

Legal Bases and Direct Marketing

We follow:

• Australia: Privacy Act 1988, Australian Privacy Principles, Spam Act 2003
• United States: CAN-SPAM (email), TCPA + CTIA rules (SMS)

Marketing is only sent with appropriate consent. You may opt out anytime.

SMS & Email Communications (A2P 10DLC Compliant)

When you opt in to receive SMS or email updates from The Hammer Effect:

• Consent is captured through online forms, donation pages, explicit checkboxes, or SMS keyword opt-in
• All messages identify The Hammer Effect
• SMS supports STOP to unsubscribe and HELP for assistance
• Email includes an unsubscribe link
• Quiet hours are respected based on local regulations
• Message frequency varies depending on supporter updates or project announcements
• SMS consent logs (wording, timestamp, IP address, number) are kept for compliance
• A2P 10DLC brand and campaigns are registered where applicable
• No prohibited content is sent
• SMS consent data is never sold or shared for marketing purposes
• Data may be shared with communication providers for delivery only

Pay It Forward Projects, Donations, and Media

• Donation information is processed securely by third-party providers
• Donors may choose whether their name is publicly acknowledged
• Individuals may appear in videos, photos, or audio captured during public filming or Pay It Forward activities
• Australian law does not require written consent for filming in public places or where there is no reasonable expectation of privacy
• If you appear in published content and would like it removed or edited, contact [email protected] and we will review the request promptly
• Personal stories voluntarily submitted for project consideration remain private unless you approve their publication

Sharing and Disclosure

We share data only with contracted providers necessary to operate our website, donations, communications, analytics, and support. We may disclose information where required by law or necessary to protect rights or safety. We do not sell, rent, or share personal data for third-party marketing.

International Transfers

Data may be stored or processed in Australia, the United States, or other provider locations with appropriate safeguards.

Security

We apply technical and organisational measures to protect information. If a data incident creates risk of harm, we will notify affected individuals and authorities as required.

Your Rights

You may request access to, correction of, or deletion of your personal information. You may withdraw consent for marketing or messaging at any time.

Cookies and Tracking

We use cookies and similar technologies to improve functionality. You may disable them, though some features may not work as intended.

Retention

We retain data only as long as required for legal, operational, or project-related purposes. After that, data is deleted or de-identified.

Contact

For privacy enquiries: [email protected]

Acceptance of Terms

By using our website, donating, engaging with our projects, or interacting with our content, you agree to these Terms of Service. "The Hammer Effect" refers to the business name of Gym Mentor Pty Ltd. "You" refers to visitors, supporters, donors, or users.

Purpose of The Hammer Effect

The Hammer Effect operates a YouTube channel and charitable Pay It Forward projects funded through donations, brand partnerships, community support, and content-driven revenue. Participation is voluntary.

Donations and Financial Support

• Donations are voluntary and non-refundable unless required by law
• Donations are processed by third-party providers
• We may publicly thank donors with their consent
• Donations do not guarantee project participation or personal involvement

Content Rights and Media Usage

• The Hammer Effect regularly films in public places, community settings, and during Pay It Forward projects
• Australian law does not require written consent for filming in public or in areas without a reasonable expectation of privacy
• By being present in areas where we film, you may appear in our content
• If you appear in published content and want it removed or edited, contact [email protected] and we will review your request reasonably and respectfully
• All videos, photos, written content, and creative materials produced remain our intellectual property
• You may not copy, republish, or redistribute our content without permission

Community Participation

When interacting with our channels, comments, or communities:

• Be respectful and lawful
• No harassment, discrimination, or illegal content
• We may remove comments or block users for misconduct

Website and Third-Party Services

We use third-party platforms such as YouTube, payment processors, email/SMS providers, and analytics tools. Their terms apply. We are not responsible for outages or limitations caused by third-party services.

Communications and Consents

You authorise us to send transactional and project-related communications. Marketing messages require your consent as outlined in the Privacy Policy. Consent is never a condition of donating or participating.

Limitation of Liability

We aim to operate safely and transparently, but we do not guarantee:

• specific project outcomes
• that any submission will be selected
• uninterrupted website, platform, or content availability

To the extent permitted by law, we are not liable for indirect or consequential loss.

Termination or Suspension

We may restrict or block access to our website, communities, comments, or SMS program for breaches or unlawful activity.

Governing Law

These terms are governed by the laws of Queensland, Australia. For US users, disputes require a 30-day good-faith negotiation period before further action.

Contact

For terms-related questions: [email protected]