Universe Gym is committed to protecting the privacy of the personal information it collects and receives. Universe Gym is bound by the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act).
- the kinds of personal information Universe Gym collects & holds;
- how Universe Gym collects and holds your personal information;
- why Universe Gym collects, holds, uses and discloses your personal information;
- how you may access and seek the correction of your personal information as held by Universe Gym;
- how you may complain about a breach of the APPs or a registered APP code (if any) that Universe Gym are bound by, and how Universe Gym will deal with such a complaint; and
- if Universe Gym is likely to disclose your personal information to overseas recipients and the countries in which such recipients are likely to be located (if it is practicable to specify those countries in this policy).
2. Your Personal Information
Universe Gym only collects personal information (being information that identifies or could reasonably identify an individual) where Universe Gym considers it to be reasonably necessary for Universe Gyms’ functions and activities.
Universe Gym collects personal information to delivery our products and service to members including in circumstances when:
- Processing and managing membership and franchisee applications;
- facilitating members & casual members gym access;
- conducting marketing activities, research & special offers;
- accurately identifying who is using Universe Gyms’ services;
- communicating with members, franchisees & website visitors to Universe Gyms’ website and online enquiries;
- profiling our members & their interests;
- operating Universe Gyms’ business; and / or
The types of information Universe Gym collects includes:
- name, age, gender, date of birth & next of kin;
- health information (height, weight, medical conditions);
- health and fitness goals;
- license and banking details;
- contact details (including phone, fax and e-mail);
- views and opinions; and
- responses to forms and surveys (if any).
3. Your Sensitive Information
Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.
It is Universe Gyms’ policy to only collect your sensitive information where it is reasonably necessary for Universe Gym functions or activities and either you have consented or Universe Gym are required or authorised under law to do so.
4. How Universe Gym collects your personal information
Universe Gym will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.
Universe Gym will collect directly personal information:
- by email;
- over the telephone (including calls and SMS);
- via social media and over the intranet (including surveys);
- by written correspondence (such as letters, faxes);
- on hard copy forms (including registration forms, competition entry forms and surveys);
- in person; or
- through Universe Gym website (online purchases, web form submission or participation in a live chat);
- electronic systems such as applications and use of the club access card; and
- through Universe Gyms’ security surveillance cameras.
Universe Gym may collect information from third parties including:
- your personal trainer;
- market researchers & direct marketing providers;
- parents or guardians of underage members;
- our current members (refer a friend);
- the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
- public sources (directories, membership lists, professional and trade associations, ASIC, bankruptcy or court registry searches).
5. Unsolicited personal information
Unsolicited personal information is personal information Universe Gym receives that Universe Gym has taken no active steps to collect (such as a job application sent to Universe Gym by an individual on their own initiative, rather than in response to an advertisement).
Universe Gym may keep records of unsolicited personal information if the information is reasonably necessary for one or more of Universe Gym’ functions or activities. If not, it is Universe Gym’ policy to destroy the unsolicited information or ensure that the information is de-identified, provided it is lawful and reasonable to do so.
6. Using your personal information
The main purposes for which Universe Gym collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Universe Gyms’ membership.
Universe Gym collects information to service its members. Universe Gym can use your information to:
- process applications for memberships;
- understand Universe Gym’ members’ needs and requirements;
- manage & run Universe Gym website & social media platforms;
- providing you with information about Universe Gym services;
- delivering or enhancing Universe Gym products and services;
- help Universe Gym maximise the benefits provided to members;
- any other purpose directly related to Universe Gym business and for which you have provided consent (where it is reasonably required by law).
Universe Gym’ website requires subscriptions or registrations to use certain services, functions or content. You will know what information is being collected via these processes when you complete the relevant forms and provide the required details prior to submitting the application. Universe Gym will collect data relating to any transactions you carry out through Universe Gym’ website and the fulfilment of your order.
Universe Gym may also use your data to monitor for any unauthorised use of Universe Gym website, content or subscriptions to Universe Gym services.
7. Purpose of collection
If Universe Gym collects personal information for a purpose (the primary purpose), Universe Gym will not use or disclose the information for any other purpose (the secondary purpose) unless:
- you would have consented to the use or disclosure of the your personal information; or
- in relation to the use or disclosure of your personal information:
o you would reasonably expect Universe Gym to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose (sensitive information) or related to the primary purpose (not sensitive information);
o use or disclosure is required or authorised under Australian law or a court/tribunal;
o a permitted situation exists in relation to Universe Gym’ use or disclosure of the information;
o a permitted health situation exists in relation to use or disclosure of the information; or
o Universe Gym reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
If Universe Gym uses or discloses your information because Universe Gym reasonably believes that the use or disclosure of your information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, Universe Gym will make a written note of the use or disclosure.
8. Do you have to provide personal information?
You can refuse to provide personal information. However a refusal may mean that the service you requested is not provided or membership will be refused or forfeited.
9. Sharing your personal information
Universe Gym may use and disclose personal information for related purposes to third parties. Types of organisations to whom Universe Gym may disclose your personal information includes:
- government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts (as required by law);
- various law enforcement agencies and governments for security, customs and immigration purposes;
- banking service providers;
- rewards partner program providers;
- professional or government organisations; and
- Universe Gym’ contracted service providers including:
o information technology service providers;
o planning research and development providers;
o conference organisers;
o marketing and communications agencies;
o mailing houses, freight and courier services;
o printers & distributors of marketing material;
o debt collectors and banks;
o personal trainers; and
o external advisers (recruiters, auditors & lawyers).
Universe Gym does not rent, sell or exchange your personal information to third parties without your prior approval.
10. Government Identifiers
Universe Gym does not adopt, use or disclose government related identifiers (such as a Medicare number or licence number) as Universe Gym’ own identifier for you unless:
- it’s required/authorised by law or court/tribunal order;
- it’s reasonably necessary to verify your identity;
- it’s reasonably necessary to fulfil Universe Gym’ obligations; or
- Universe Gym reasonably believes it is reasonably necessary for one or more enforcement related activities.
To improve Universe Gym’ services, Universe Gym sometimes collects de-identified information from web users. The information collected does not identify an individual but does help Universe Gym to analyse and improve its web services.
When you visit Universe Gym’ website, a record of your visit is logged and the following data is supplied by your browser:
- your IP address and/or domain name;
- your operating system (type of browser & platform);
- the date, time and length of your visit; and
- the resources you accessed or downloaded.
Universe Gym uses this information to customise the website for visitors and to collect data for analysis, quality control, administration and improving the website. It is not used for any other purpose. Aggregated data may be shared with third parties.
You can stop your browser from accepting new cookies or disable cookies altogether by changing your browser preferences.
12. Links to other websites
Links to third party websites that Universe Gym does not operate or control are provided for your convenience. Universe Gym is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Universe Gym encourages you to read before supplying any personal information to them.
13. Direct Marketing
If Universe Gym holds your information, Universe Gym may use or disclose that information (other than sensitive information) for direct marketing if:
- Universe Gym collected the information from you; and
- you would reasonably expect Universe Gym to use or disclose the information for that purpose; and
- Universe Gym provided you with a simple way to opt out of receiving direct marketing from Universe Gym; and
- you have not made such an opt out request to Universe Gym.
Universe Gym may also use or disclose your information (other than sensitive information) for direct marketing if:
- Universe Gym collected the information from you and you would not reasonably expect Universe Gym to use or disclose the information for that purpose or someone other than you; and
o you have consented to the use or disclosure of the information for that purpose; or
o it is impracticable to obtain that consent; and
- Universe Gym provided you with a simple way to opt out of receiving direct marketing from Universe Gym; and
- in each direct marketing communication with you:
- Universe Gym includes a prominent statement that you can request to opt out; or
- Universe Gym otherwise draw your attention to the fact that you can request to opt out; and
- you have not made such a request to Universe Gym.
Universe Gym can use or disclose your sensitive information for the purpose of direct marketing if you have consented to the use or disclosure of that information for direct marketing.
Universe Gym may also use or disclose your personal information for direct marketing if:
- Universe Gym are a contracted service provider for a Commonwealth contract; and
- Universe Gym collected your information in order to meet an obligation under that contract; and
- the use or disclosure is necessary to meet (directly or indirectly) such an obligation.
If Universe Gym has collected the personal information that Universe Gym used to send you direct marketing material from a third party, you can ask Universe Gym to notify you of its source of information. It is Universe Gym' policy is to do so unless it is unreasonable or impracticable.
14. How to opt out of direct marketing
If Universe Gym uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Universe Gym.
If Universe Gym uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Universe Gym does not use or disclose your information for this purpose.
Universe Gym will give effect to your request not to receive direct marketing from Universe Gym or an entity facilitated by Universe Gym free of charge within a reasonable time after the request is made.
15. Collection Notices
At or before the time of collection of personal information from you, or as soon as practicable afterwards, Universe Gym will take reasonable steps to notify you or to otherwise ensure that you are aware of:
Universe Gym will generally include these matters in a collection notice. For example, where personal information is collected on a paper or website form, Universe Gym will include a collection notice, or a clear link to it, on the form or a separate follow up communication.
16. Protecting your personal information
Universe Gym stores information in different ways, including paper and electronic form. Universe Gym takes reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure including:
- secure password protected databases for storage;
- confidentiality requirements of staff;
- security firewalls for access to Universe Gym’ systems;
- servers kept at a secure location with limited access;
- document storage security requirements;
- granting access only to verified individuals;
- access controls for Universe Gym’ buildings;
- limited the provision of personal information to third parties and subject to guarantees about use; and
- training staff to deal with the information.
Universe Gym cannot guarantee that personal information will be protected against unauthorized access or misuse and Universe Gym does not accept any liability for the improper actions of unauthorised third parties.
Universe Gym will retain your personal information for as long as necessary to fulfil Universe Gym’ obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Universe Gym collects your personal information.
Once Universe Gym is no longer required to retain your personal information, Universe Gym will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.
17. Disclosing your personal information overseas
Universe Gym may disclose your personal information to other third party service providers operating outside Australia who work with Universe Gym or one of Universe Gym’ suppliers, agents, or partners. Universe Gym may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.
Before disclosing your personal information to an overseas third party, Universe Gym will first take reasonable steps to ensure that the overseas recipient:
- does not breach the Australian Privacy Principles in relation to your personal information; or
- the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the Australian Privacy Principles protect the information.
Personal information may be disclosed by Universe Gym to other Universe Gym entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognized each of these countries as providing adequate protection of personal information.
You acknowledge and understand that by providing such consent:
- Universe Gym will not be required to take steps as are reasonable in the circumstances to ensure that such third parties comply with the APPs;
- if the overseas recipient handles your personal information in breach of the APPs:
o Universe Gym will not be liable under the Act; and
o you will not be able to seek redress under Act.
- the overseas recipient may not be subject to any privacy law or principles similar to the APPs;
- you may be unable to seek redress overseas;
- the overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
If you withdraw consent, Universe Gym will not rely on this consent when dealing with your personal information going forward.
You have the option of not identifying yourself or using a pseudonym when dealing with Universe Gym provided that is it lawful and practicable.
Universe Gym will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
- Universe Gym is required/authorised by law or court/tribunal order to deal with identified individuals; or
- it is impracticable for Universe Gym to deal with individuals who have not identified themselves.
It is Universe Gym’ policy to enable you to access Universe Gym’ website and make general phone queries without having to identify yourself and to enable you to respond to Universe Gym’ surveys anonymously.
In some cases however, if you don't provide Universe Gym with your personal information when requested, Universe Gym may not be able to respond to your request or provide you with service. For example, you must identify yourself to become a Universe Gym member.
19. Accessing to your personal information
You have the right, upon request, to access any of Universe Gym’ records containing your personal information.
To request access to your personal information please contact the Privacy Officer.
Universe Gym will respond to your request to access your personal information within a reasonable period of time.
On the basis that it is reasonable and practicable to do so, Universe Gym will give you access to the information requested.
If Universe Gym refuses your request to access personal information, Universe Gym will provide a written notice setting out the reasons for the refusal & how you can complain about the refusal.
Reasons for a refusal may include if it:
- poses a serious threat to the life, health or safety;
- would have unreasonable impact on privacy of others;
- is frivolous or vexatious;
- relates to legal proceedings;
- reveals Universe Gym’ intentions or prejudice any negotiations;
- would be unlawful;
- is required or authorised by law or court/tribunal order;
- is likely to prejudice enforcement related activities; or
- relates to a commercially sensitive decision process.
When you make a request to access personal information, Universe Gym will require you to provide some form of identification (such as a driver's licence or passport) so Universe Gym can verify that you are the person to whom the information relates.
20. Help Universe Gym keep your personal information accurate
Universe Gym will take reasonable steps to ensure Universe Gym’ records of personal information are accurate, up to date and complete.
However, the accuracy of information depends to a large extent on the information you provide. If you do not give Universe Gym all the personal information Universe Gym may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Universe Gym provide may be affected.
If you think there is something wrong with the information Universe Gym holds about you please contact the Privacy Officer to:
- let Universe Gym know if there are any errors; and
- keep Universe Gym up-to-date with any changes,
and Universe Gym will try to correct your personal information.
Universe Gym will respond to your request to correct your personal information free of charge and in a reasonable period of time. If Universe Gym refuses your request, Universe Gym will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.
If Universe Gym refuses to correct your personal information, you may request that Universe Gym associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Universe Gym will take reasonable steps to make the statement visible to users of your personal information.
If Universe Gym does correct your personal information and Universe Gym has previously disclosed your personal information to a third party, upon your request, Universe Gym will notify that third party of the correction unless it is impracticable or unlawful to do so.
21. Dealing with SPAM and Do Not Call register
Universe Gym will not send you any commercial electronic messages unless it is permitted by the Spam Act (e.g., Universe Gym has your express/inferred consent). Any commercial electronic message that Universe Gym sends will identify Universe Gym as the sender and will include relevant contact details and an unsubscribe facility. If you do not wish to receive commercial electronic messages from Universe Gym, please contact the Privacy Officer.
Universe Gym will not call you on a number on the Do Not Call Register unless permitted under the Do Not Call Register Act & related instruments. If you don’t wish Universe Gym to call you on a particular number, please contact the Privacy Officer.
22. Resolving your privacy issues
If you have any issues you wish to discuss with Universe Gym or if you’re concerned about how Universe Gym has collected or managed your personal information please contact the Privacy Officer.
For information about privacy or if your concerns are not resolved, contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
24. Universe Gym privacy officer
Universe Gym’ privacy officer can be contacted at:
- Email: firstname.lastname@example.org
- Telephone: 0487332223
- Post: 1 Bullcock Street, Caloundra 4551