Privacy Policy
Last updated 9 August 2026
NxsTech Performance is a coaching service, which means we hold information about your body and your health. We take that seriously, and this page sets out plainly what we collect, why, who else touches it, and what you can do about it.
Because we provide a health service and hold health information, we are covered by the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and the small business exemption does not apply to us. We would follow this policy either way, but you are entitled to know it is an obligation, not a courtesy.
1. Who we are, and what this covers
NxsTech has two sides. NxsTech Performance is coaching. NxsTech Design is industrial control systems engineering. Both are the same business, under the same registered name, ASIC-registered on 29 June 2026.
Almost everything on this page is about NxsTech Performance, because that is the side that holds health information and where the obligations bite. If you are here from the engineering side, section 10 is the short version that applies to you.
The entity behind it, and the one responsible for your information, is the trustee for The JP and BS Kerkman Family Trust, ABN 63 706 750 855. The trustee is Kerkman Pty Ltd, ACN 134 370 540.
If you want to talk to a human about anything on this page, email performance@nxstech.net or write to PO Box 1093, Aldinga Beach SA 5173, Australia.
2. What we collect
When you enquire
Name, email, phone number, age, sex, your goal, your current activity level, whether you use a fitness tracker, dietary restrictions, the activities you are interested in, anything you type into the notes field, and how you heard about us.
When you become a client
Date of birth, height, starting weight, your targets, and anything you tell us at intake about injuries, conditions or medication.
While you are coached
- Weight, body composition and measurements you record
- What you eat, at meal or individual food level, if you use the food log
- Training sessions, including data synced from a wearable if you connect one
- Recovery, sleep and heart rate data, whether synced or entered by hand
- Your written check-ins and anything you send us in them
- Photos or files you upload, if your plan includes uploads
Most of this is health information, which the Privacy Act treats as sensitive information and holds to a higher standard than an email address. We only collect it because coaching does not work without it. See section 4 on how we use AI to analyse it, and why that part is not optional.
When you pay
Your subscription tier, rate and payment history. We never see or store your card or bank details. Payment details go directly to Stripe, our payment processor, and we only receive a customer reference and whether a payment succeeded.
3. Why we use it
- To build and adjust your programme, meal plan and targets
- To write your check-in feedback and track whether what we are doing is working
- To run your account, take payment, and contact you about your coaching
- To meet our legal and record-keeping obligations
We do not sell your information. We do not use it for advertising, and we do not pass it to anyone for marketing purposes.
4. Analysis by artificial intelligence
Your coach uses an AI assistant to analyse your data, find patterns across your training, nutrition and recovery, and draft observations. A human coach reviews everything before it reaches you. The assistant is Claude, made by Anthropic, a company based in the United States, so this analysis involves your information being sent overseas.
We ask for your agreement to this at intake, and we record when and how you gave it. No analysis runs on your data before that is recorded.
We will not pretend this one is optional. AI analysis is not a feature of the service, it is how the service works: it is what turns your daily numbers into a programme that changes as you do. If you are not comfortable with it, this is not the right service for you, and we would rather you knew that before you paid than after. You can change your mind at any time by emailing us, and that means ending your membership rather than continuing with less.
We have turned off the setting that would allow your information to be used to train Anthropic's models. Anthropic's own policy says that content its systems flag for safety review may still be used regardless of that setting. We have no visibility of when that happens, and we would rather tell you that than imply a guarantee we cannot give.
5. Who else touches your information
We use a small number of specialist providers to run the service. Each only receives what it needs, and none of them are permitted to use your information for their own purposes.
| Provider | What it handles |
|---|---|
| Supabase | Your account, tracker data and files |
| Stripe | Payments and subscription billing |
| Resend | Automated emails from us to you |
| Cloudflare | Website and app delivery |
| Apple iCloud | Email sent to you by your coach |
| Twilio | Text messages between you and your coach |
| GitHub | Serves the tracker app to your browser |
| Polar, Withings, Morpheus | Only if you choose to connect that device |
We will also disclose information where the law requires it, or where it is necessary to prevent a serious threat to someone's life, health or safety.
Where your information is stored
Your tracker data, including your health information, is stored in India. Our database is hosted by Supabase in their Mumbai region. We are telling you this plainly rather than burying it, because it is the kind of thing you are entitled to know before you hand over information about your body.
This does not change our obligations. Australian privacy law follows the information: we remain accountable for it wherever it is held, and we are required to take reasonable steps to ensure it is handled to the same standard it would be here.
Our other providers also operate outside Australia. Based on each provider's published terms, your information is likely to be handled in these countries:
| Provider | Countries |
|---|---|
| Supabase, your tracker data | India |
| Anthropic, AI analysis | United States |
| Stripe, payments | United States, and other countries where Stripe operates |
| Resend, automated email | United States |
| Cloudflare, website and app delivery | United States, and its network worldwide |
| Apple iCloud, email from your coach | United States, and other countries |
| Twilio, text messages | United States |
| GitHub, serving the tracker app | United States, and its network worldwide |
| Polar, only if you connect one | Finland |
| Withings, only if you connect one | France |
| Morpheus, only if you use one | United States |
We contract with Stripe's Australian entity, Stripe Payments Australia Pty Ltd, but Stripe transfers payment data to its parent in the United States and to its affiliates and sub-processors elsewhere. Cloudflare, GitHub and Apple run global networks, and none of them publishes a fixed list of the countries a given piece of data passes through, so we cannot give you one. We would rather say that than print a list that looks precise and is not.
Our text messaging number is an Australian mobile, but the service behind it is on Twilio's United States region, so the content of texts between you and your coach is processed and stored there. We would rather tell you that than let the Australian number imply otherwise.
6. How we keep it safe
- Your tracker account is password protected and you can change your password yourself
- Access controls mean one client cannot see another client's data
- Your login credentials are never sent in a single message: your username comes by email and your password by text
- Programmes and plans live inside the app rather than being emailed around
No system is perfectly secure. If a data breach occurs that is likely to cause you serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.
7. How long we keep it
We keep your coaching records for seven years after your last session with us, then delete them. Seven years is the standard applied to health records across Australia, and we follow it whether or not we are strictly required to.
Payment and invoicing records are kept for five years, which is what Australian tax law requires of us.
You can ask us to delete your information sooner. We will delete everything we are not legally required to keep, and tell you exactly what we are holding on to and why.
8. Seeing and correcting your information
You can ask us for a copy of what we hold about you, and you can ask us to correct anything that is wrong. Email performance@nxstech.net and we will respond within 30 days. There is no charge for asking.
Most of your data is already visible to you inside your tracker, so the fastest way to check what we hold is to log in and look.
9. Complaints
If you think we have mishandled your information, tell us first at performance@nxstech.net. We will acknowledge within 5 business days and give you a written response within 30 days.
If you are not satisfied with how we handle it, you can complain to the Office of the Australian Information Commissioner at oaic.gov.au or on 1300 363 992.
10. NxsTech Design, the engineering side
If you are a client or contact of NxsTech Design, none of the health information above applies to you. We do not hold health data about engineering clients, there is no tracker, and there is no AI analysis of anything you send us.
What we do hold is ordinary business contact information: your name, your email, your phone number, your company, and whatever is in the correspondence and project documentation we exchange with you. There is no form on the engineering site. It collects nothing on its own; the only way we get your details is if you email us or we already work together.
We use it to quote, deliver and support engineering work, and to keep the records a business is required to keep. We do not sell it, we do not use it for marketing lists, and we do not pass it to anyone outside the project it belongs to.
Sections 8 and 9 apply to you as they do to everyone: you can ask for a copy of what we hold, ask us to correct it, and complain to us and then to the Office of the Australian Information Commissioner if we handle that badly.
11. Changes to this policy
If we change how we handle your information, we will update this page and change the date at the top. If a change materially affects you, we will tell you directly rather than expecting you to notice.