FITNESS CARTEL PRIVACY POLICY

Fitness Cartel Australia, and our related business entities (we, our, us), recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information.  This document is our privacy policy and it tells you how we collect and manage your personal information.

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information and sensitive information.  We will only collect, hold, use and disclose your personal information and sensitive information as set out in this privacy policy.

Your personal and sensitive information
When used in this privacy policy, the term “personal information” has the meaning given to it in the Act.  Generally, personal information is any information that can be used to identify you.  We may collect and hold the following types of personal information from you:

• your name;
• your residential address or contact details;
• your email address and telephone number;
• your birth date;
• your photograph;
• your profession, occupation or job title;
• your banking or credit card details;
• details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries; and
• any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise.

Our use of the term “sensitive information” in this privacy policy has the same meaning as in the Act.  Generally, the only sensitive information we may collect from you will relate to your physical and mental health wellbeing, including any relevant injuries, which we will require from time to time in order to provide you with our products and services.  We will only collect your sensitive information with your consent and we will not use or disclose your sensitive information for any other purpose without your express consent.

How do we collect your personal information?
We will collect your personal information directly from you unless it is unreasonable or impracticable to do so.  We may collect personal information from you in several ways, including:

• through your access and use of our website, social media or marketing material;
• through your emails, online feedback, telephone calls or conversations between you and Fitness Cartel Australia, our representatives or our Franchisees, including in relation to joining our gym network;
• when you complete a Local Membership or Passport Membership application to join the Fitness Cartel Australia network, including when you complete a direct debit request form and payment details; or
• when you submit an enquiry or application for one of our special promotions, competitions, services or products.

We may also collect personal information from third parties including:

• from service providers or agents whom we engage to conduct business operations, including identifying prospective members, debt collection and administering member direct debits and payments;
• from members referring you to the Fitness Cartel Australia gym network; and
• in exceptional circumstances, from third party companies such as credit reporting agencies, law enforcement agencies and other government entities.

Fitness Cartel Australia also maintain security surveillance and monitoring within our gym network that may capture images of you.  We will only use this information for management and security purposes, including to comply with requests from a governmental authority.

Cookies and web analytics
In some cases, we may also collect your personal information through the use of cookies and web beacons.  When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer.  This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register.  Web beacons are a common way of sending information about which pages on our website that have been viewed or opened.  These methods enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services.  We also use aggregate information to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns.  We use this information so that we can improve our online products and services.  If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.

What happens if we can’t collect your personal information?
While we will take reasonable steps to ensure that the personal and sensitive information we hold about you is accurate, up-to-date and complete, this also depends on the accuracy and completeness of the information you provide us.

You do not need to provide us with any of the personal information described above, for example, you may request to remain anonymous or use a pseudonym.  However, if you choose not to provide your personal information, then:

• we may not be able to provide our products or services to you; and
• we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions.
   

Our purposes
We collect personal information about you so that we can perform our business activities and functions and to provide you with our products and services and any other purpose permitted under the Act.  Specifically, we will collect, hold, use and disclose your personal information for the following purposes:

• to provide products and services to you and to send communications requested by you;
• to answer enquiries and provide information or advice about existing and new products or services, or to request your feedback, review or opinion about our products and services;
• to update, amend or change the information we already hold about you;
• to conduct business processing functions including to administer billing services and process your payments and participation in our special promotions and competitions;
• for administrative, marketing (including direct marketing), planning and product or service development of Fitness Cartel Australia, its related bodies corporate, including using your personal information in aggregate to obtain statistical and marketing analytics;
• to process and respond to any complaint made by you;
• to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country; and
• any other related reasons which you might reasonably expect us to use your personal information.

Where you have provided us with your consent, we may also use your personal information to inform you about our special promotions, competitions,
products and services which may be of interest to you.

Disclosure
Where required to do so for the purposes outlined above, we may disclose your personal information to:

• our employees;
• our professional advisors such as accountants, solicitors, business advisors and consultants;
• our contractors, service providers, suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes, including, without limitation, billing service providers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators and debt collectors; and
• any organisation for any authorised purpose with your express consent.
   

Where you provide personal and/or sensitive information to a Franchisee, you consent to that Franchisee disclosing your information to Fitness Cartel Australia and our related business entities.  Fitness Cartel Australia may use, combine or share any information that we collect from you with information collected by any Franchisees or our related business entities (within Australia).

We will not disclose your information for any other purpose without your express consent, except where we are required to do so for legal purposes or to prevent a serious threat to your life, health and safety or public health and safety.
 

Direct marketing materials
We may send you direct marketing communications and information about our products and services that we consider may be of interest to you.  These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).  You consent to us sending you those direct marketing communications by any of those methods.  If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.  In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

We will not provide your personal information to other organisations for the purposes of direct marketing, without your consent.
 

Your access
You may request to access, amend, change or update any personal or sensitive information we hold about you at any time by contacting us (see the details below).  You may also request that we delete any personal and/or sensitive information we hold about you.

Where we hold information that you are entitled to access or amend, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).  We may charge you a fee to cover our reasonable costs in providing the information to you.  We will not charge for simply making the request and will not charge for making any corrections or deleting your information.

There may be instances where we cannot grant you access to, or comply with your request to delete, the personal and/or sensitive information we hold.  For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality.  In these circumstances, we will give you written reasons for any refusal.

Storage and security
We take all reasonable steps to ensure your personal and/or sensitive information is protected from misuse and loss and from unauthorised access, modification or disclosure.

However, as our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online.  Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Links
Our website may contain links to other websites operated by third parties.  We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website.

Contacting us
If you have any questions, concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please use the contact link on our website or contact us using the details set out below.

We will treat your requests or complaints confidentially.  Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved.  We will aim to ensure that your complaint is resolved in timely and appropriate manner. 

Please contact us at:

Fitness Cartel Australia
Post:    Shop 1, 815 Zillmere Road, Aspley, QLD 4034.
Email: privacy@fitnesscartel.com.au

You may also contact the Office of the Australian Information Commissioner at:

Office of the Australian Information Commissioner
Post:    GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992
Online Form: www.oaic.gov.au (Privacy Complaint Form).
 

Changes to our privacy policy
We may update this privacy policy from time to time.  Updates will take effect when posted on our website.