Privacy Policy

FITZROY FITNESS CLUB PRIVACY POLICY

Fitzroy Fitness Club complies with the Australian state and commonwealth privacy laws including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (collectively, "Privacy Laws").

Fitzroy Fitness Club is committed to the privacy of its website users and to continue providing products in a confidential and safe manner.

This Privacy Policy summarises how Fitzroy Fitness Club handles personal information with respect to:

any official Fitzroy Fitness Club website, web/cloud-based application (“Website”) including any forms on the Website;
any stand-alone Fitzroy Fitness Club application ("App");
any software used to provide the Website; and
any services provided by or to a User through the Website or the App,

(collectively, “Platform”).

Fitzroy Fitness Club will respect and keep secure all personal and sensitive information provided to Fitzroy Fitness Club by users and clients of its Platform (individually and collectively, “User/s”) in accordance with applicable privacy laws and this Privacy Policy.

By downloading, installing or continuing to use the Platform, a User acknowledges acceptance of this Privacy Policy as updated from time to time.

Information Fitzroy Fitness Club collects and holds

Personal Information

Definition

If the User is not an EU Entity, "personal information" is defined by the Privacy Act 1988 (Cth) as “information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not.”

The kind of information Fitzroy Fitness Club collects will depend on a User's relationship with Fitzroy Fitness Club (e.g. as a Platform user, customer, business partner, employee or contractor).

Generally, the only personal information Fitzroy Fitness Club collects about a User is that information which a User choose to disclose to Fitzroy Fitness Club or which a User authorises Fitzroy Fitness Club to obtain.

The type of information Fitzroy Fitness Club collect may include a User/User’s:

business’s account details
personal name
age
gender
residential/work address
email addresses
telephone number
photographs
physical location
hardware/browser/software used to access the Platform
IP addresses

Sensitive Information

Sensitive information is a special category of the most sensitive personal information including racial or ethnic origin, political opinion, police record, health and disability information etc.

Fitzroy Fitness Club does not collect sensitive information.

Credit card details

Fitzroy Fitness Club does not collect or store credit card numbers.

How Fitzroy Fitness Club collects and holds personal information

Where possible, Fitzroy Fitness Club will collect a User's personal information directly from a User, but information may also be collected via:

IP loggers;
social media;
wi-fi routers; and
GPS devices

Personal and sensitive information may be collected from a User when a User provides it to Fitzroy Fitness Club directly.

Fitzroy Fitness Club has established appropriate physical, electronic and managerial procedures to safeguard any information Fitzroy Fitness Club collects. This helps prevent unauthorised access, maintains data accuracy and ensures that the information is used correctly.

All data transferred to and from Fitzroy Fitness Club's servers is encrypted and a firewall is in place to prevent intrusion. All data stored within Fitzroy Fitness Club’s systems is designed to only be able to be accessed by authorised Fitzroy Fitness Club officers, employees, contractors and the relevant hosting facility.

The purposes for which Fitzroy Fitness Club collects, holds, uses and discloses personal information.

Fitzroy Fitness Club collects personal information that Fitzroy Fitness Club considers relevant for the purpose of providing Fitzroy Fitness Club’s services or the Platform. Fitzroy Fitness Club will not use or disclose personal information collected about an individual for the purposes of direct marketing unless the individual has given Fitzroy Fitness Club consent to do so. Fitzroy Fitness Club will not disclose any personal information to any third-party overseas recipients unless the individual has given Fitzroy Fitness Club consent to do so.

Some of the ways Fitzroy Fitness Club uses personal information includes to:

communicate with a User and others as part of Fitzroy Fitness Club’s business
enable Fitzroy Fitness Club to provide a product
personalise a User's Fitzroy Fitness Club user experience
send a User information regarding changes to Fitzroy Fitness Club’s policies, other terms and conditions, on-line services and other administrative issues
manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring and staff training, collecting debts and market or client satisfaction research)
prevent, detect and investigate crime, including fraud and money laundering, and analyse and manage other commercial risks
verify information given to Fitzroy Fitness Club
carry out market research and analysis, including satisfaction surveys
provide marketing information to a User (including information about other products and services offered by selected third party partners) in preferences a User have expressed
manage Fitzroy Fitness Club’s infrastructure and business operations and comply with internal policies and procedures, including those relating to auditing accounting billing and collections IT systems data and website hosting business continuity and records, document and print management
process refunds, replacements and repairs
resolve complaints and handle requests for data access or correction
comply with applicable laws and regulatory obligations (including laws outside a User's country of residence), such as those relating to anti-money laundering, sanctions and anti-terrorism
comply with legal process and respond to requests from public and governmental authorities (in outside a User's country of residence)
establish and defend legal rights protect Fitzroy Fitness Club’s operations or those of any of Fitzroy Fitness Club’ group companies or insurance business partners, Fitzroy Fitness Club’s rights or property and/or that of Fitzroy Fitness Club’ group companies, a User or others and pursue available remedies or limit Fitzroy Fitness Club’ damages

To whom does Fitzroy Fitness Club disclose a User's personal information?

Fitzroy Fitness Club may disclose a User's personal information to:

the User
government authorities (where required by law including workers compensation laws)
third parties involved in court action (where required by law)
other parties that provide support services to Fitzroy Fitness Club including support services, merchant services, online marketing programs for the purposes of marketing Fitzroy Fitness Club products only
professional advisers
potential business partners or purchasers

What happens if a User doesn't provide personal or sensitive information?

If a User does not provide some or all of the information requested, Fitzroy Fitness Club may not be able to provide Fitzroy Fitness Club’s products, permit a User to open or use a user account or give a User access to the Platform.

Using a pseudonym or engaging with Fitzroy Fitness Club anonymously

Where practicable, a User will be given the opportunity to engage with Fitzroy Fitness Club on an anonymous basis or using a pseudonym. Due to the nature of Fitzroy Fitness Club’s services, in most cases, the use of a pseudonym anonymity will not be possible.

Miscellaneous

Website cookies and usage information

When a User accesses Fitzroy Fitness Club’s Platform, Fitzroy Fitness Club may use software embedded in Fitzroy Fitness Club’s Platform and Fitzroy Fitness Club may place small data files (or cookies) on a User's computer or other device to collect information about which pages a User's view, how a User reach those pages, what a User does when a User visits a page, the length of time a User remains on the page and how Fitzroy Fitness Club performs in providing content to a User. A cookie does not identify individuals personally, but it does identify computers.

A User can set a User's browser to notify a User when a User receive a cookie and this will provide a User with an opportunity to either accept or reject it in each instance.  Fitzroy Fitness Club may gather a User's IP address as part of Fitzroy Fitness Club’s business activities and to assist with any operational difficulties or support issues with Fitzroy Fitness Club’s services. This information does not identify a User personally.

External links

The Platform may contain links to other websites. When a User accesses these links, Fitzroy Fitness Club recommends that a User read the website owner's privacy statement before disclosing a User's personal information. Fitzroy Fitness Club does not accept responsibility for inappropriate use, collection, storage or disclosure of a User's personal information collected outside Fitzroy Fitness Club’s Platform.

Cross-border disclosures of a User's personal information

Fitzroy Fitness Club does currently use off-shore service providers with regard to storage of personal information data including email services, support service and telephonic services. Fitzroy Fitness Club reserves the right to use data hosting facilities and third-party service providers both in Australia and overseas to assist Fitzroy Fitness Club with providing our goods and services.

Right to opt out of personal information use

Fitzroy Fitness Club will comply with any request from a User to process or cease using their personal information data as soon as practicable.

Unless a User specifically opts-out of use of personal information for marketing purposes, Fitzroy Fitness Club will assume Fitzroy Fitness Club has a User's implied consent to receive similar information and communications in the future.

Right to rectification

Fitzroy Fitness Club has obligations to take reasonable steps to correct personal information held by Fitzroy Fitness Club if Fitzroy Fitness Club is satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading for the purpose for which it is held.

Fitzroy Fitness Club will comply with any request from a User to update and/or correct their personal information data within 28 days.

Fitzroy Fitness Club may take reasonable steps to verify a User's identity before making any such changes.

In cases where the information was provided by a third party, Fitzroy Fitness Club may not be able to correct information and a User may have to contact the third-party that gave information to Fitzroy Fitness Club.

Policy changes

Fitzroy Fitness Club may revise this Privacy Policy from time to time by updating this page. The revised Privacy Policy will take effect when it is posted on Fitzroy Fitness Club’s Website, implemented in the Platform or otherwise communicated to a User. Fitzroy Fitness Club suggests that a User review Fitzroy Fitness Club’s Privacy Policy regularly.

Applicable law

This agreement is governed by and construed in accordance with the laws of Victoria, Australia.

The User irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

Definitions

In this Privacy Policy:

“Fitzroy Fitness Club” means FITZROY FITNESS CLUB PTY LTD [ACN 655602467] and any "Related Body Corporate" within the meaning of the Section 50 of the Corporations Act 2001 (Cth).

Contacting Fitzroy Fitness Club

To exercise a right under this Privacy Policy, make further inquiries or to complain about a breach of the law (including the Australian Privacy Principles or a registered Australian Privacy Principles code, if applicable) a User should contact Fitzroy Fitness Club as follows:

The Privacy Officer

Fitzroy Fitness Club

93 Johnston Street, Collingwood, VIC 3066

Email: nick@fitzroyfitnessclub.com

Fitzroy Fitness Club takes all complaints regarding privacy of information seriously. Fitzroy Fitness Club will respond to any inquiries in a reasonable time.