Privacy Policy Enliven Fitness

Enliven Fitness Privacy Policy

This document sets out our policy on the management of personal information which we have and collect about individuals. Those individuals include persons to whom we may provide or may have provided a service, individuals who are or potentially may become our clients and individuals who use our Website.

By using the Website, completing any membership application forms, personal trainer forms, competition entry forms, survey forms or any other form provided by Enliven Fitness either via the Website, the Enliven Fitness Social network or through Enliven Fitness’ employees, agents and contractors you accept this Privacy Policy and expressly consent to Enliven Fitness collecting, using and disclosing your personal information in the manner described in this Privacy Policy. 

This Privacy Policy applies to all your dealings with us and we may review and update this privacy policy to take into account new laws and changes to our operations. Where we make amendments to this Privacy Policy these changes will be published at http://enlivenfitness.com/privacy-policy. 

1. Our privacy assurance to you 

Your privacy has always been important to us. As our client, we respect your right to be aware of who has information about you, what they are doing with it and why, and who else they are sharing it with. We have adopted a privacy compliance culture that cements this relationship with you. Its foundation is the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012) and the Privacy Regulation 2013. This privacy policy is the privacy policy which we must have in accordance with Australian Privacy Principle 1.3.

2. Overview 

This privacy policy explains how we manage your personal information. In particular it explains, in relation to that personal information:

  • the kinds of personal information we collect and hold;
  • how we collect the personal information;
  • the purposes for which we collect, hold, use and disclose the personal information;
  • how you may access your personal information that we hold and how you may seek the correction of that information;
  • why we collect, hold, use and disclose your personal information;
  • how you may complain about a breach of the Australian Privacy Principles and how we may deal with the complaint; and
  • whether we are likely to disclose the personal information to overseas recipients and the countries where those recipients are likely to be located.

3. The kinds of personal information we collect and hold 

We collect and hold personal information about individuals who are our clients, potential Clients or those individuals use our Website. This information includes:

  • identification information, such as your name, marital status, gender, address, date of birth, email address, telephone number and other contact details;
  • credit card and banking information;
  • your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • with your consent, health information including your height, weight, medical conditions, health and fitness goals and physical injuries;
  • details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
  • any additional information relating to you that you provide to us directly through our website or indirectly through your use of our website or online presence or through other websites or accounts from which you permit us to collect information;
  • the individual’s court proceeding history and personal insolvency information about the individual as entered or recorded in the National Personal Insolvency Index. This information relates to whether the individual has:
    • ever been bankrupt or is in the process of going bankrupt,
    • proposed or entered into a debt agreement;
    • executed a personal insolvency agreement
    • had a direction given (or an order made) under section 50 of the Bankruptcy Act 1966 that relates to the property of the individual;
    • had an authority signed under section 188 of the Bankruptcy Act 1966 which relates to the property of the individual
  • information you provide to us through customer surveys; or
  • any other personal information that may be required in order to facilitate your dealings with us and to allows us to provide our services to you.

The Privacy Act 1988 also protects your sensitive information, including your health information. As noted above we collect health information where it is reasonably necessary for us to provide our services to you or where we are required or authorised under law to do so. Where you decline to provide us with health information you acknowledge and agree that we may not be able to provide certain services to you. 

4. How we collect personal information 

We collect personal information, about individuals in a variety of ways. For example, we may obtain the information directly from the individual via:

  • email;
  • surveys;
  • application forms;
  • telephone;
  • written correspondence;
  • in person;
  • the Enliven Fitness Social Network; and
  • our Website.

We may also indirectly collect information from third parties such as:

  • persons acting our behalf such as our employees, contractors or agents;
  • market researchers & direct marketing providers;
  • public sources (directories, membership lists, professional and trade associations, ASIC, bankruptcy, court registry searches).

Unless it is unreasonable or impracticable to do so we will collect information directly from you. We may also collect information based on your interactions with us, our Website and the Enliven Fitness Social Network. 

5. How we hold personal information

We take all reasonable steps to ensure that an individual’s personal information which we hold is protected from misuse, interference or loss and from unauthorised access, modification or disclosure. We do this by having physical, electronic and procedural safeguards which protect the personal information we hold. For example, the personal information is stored in secure office premises or in secure archiving facilities. Logins and passwords are required to access our electronic databases. Our staff are required to maintain the confidentiality of personal information and access to personal information is restricted to persons who require the information to perform their duties. Where practical, we only keep personal information for as long as is required to meet our legal requirements or internal needs.

6. The purposes for which we collect, hold, use and disclose personal information 

We collect, hold, use and disclose personal on individuals for purposes permitted by law and which are reasonably necessary for our business activities. Those purposes include:

  • to enable you to access and use our services and the Website (whether that means becoming a member of Enliven Fitness, booking a class or booking a personal trainer);
  • to operate, protect, improve and optimise our services and the Website, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing purposes;
  • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
  • to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
  • to comply with our legal obligations, resolve any disputes that we may have with any of our clients, and enforce our agreements with third parties; and
  • to consider your fitness levels, your health and your ability to perform exercises in order to provide a tailored service to you;
  • to deal with complaints and legal proceedings; and
  • to meet our legal and regulatory requirements.

To provide our services in the most cost effective and efficient way we may decide to engage the services of others. For example, we may use a mailing house to send monthly statements or engage contractors to provide personal training services. If this requires that we disclose personal information we will require those persons to respect your right of privacy.
Personal information may also be used or disclosed to tell an individual about products or services that may be of interest to that individual. If the individual does not want his or her personal information used for these direct marketing purposes the individual should tell us. He or she can “opt-out” of direct marketing by sending an e-mail to info@enlivenfitness.com or by writing to us at:

Privacy Contact Officer

327/308 Wattle St, 

Ultimo, New South Wales 2007

7. How an individual may access personal information 

An individual may access personal information about the individual which we hold. The individual can obtain that access by contacting our privacy contact officer as follows:

Telephone: 

(02) 8203 4598

E-mail: 

info@enlivenfitness.com.

Mail: 

327/308 Wattle St

Ultimo, New South Wales 2007

We will need to verify the individual’s identity before giving access. We will usually provide the requested personal information within 30 days of receiving the request. There is no charge to make a request but we may levy an administration fee for providing access. If there is a reason why we do not make the requested personal information available we will provide our reason in writing.

8. How an individual may seek the correction of personal information 

If an individual considers that any personal information which we hold about the individual is incorrect in any way the individual may ask us to correct that personal information. To seek the correction, please contact our Privacy Contact Officer on the telephone number or at the e-mail or postal address above. In certain situations, we may decide not to agree to a request to correct personal information. We will tell you in writing why we have not agreed to the correction request.

9. How an individual may complain and how we will deal with the complaint 

We have an internal dispute resolution system that covers complaints. If an individual considers that we have failed to comply with Division 3 of Part IIIA of the Privacy Act 1988 or the Australian Privacy Principles he or she should contact our Privacy Contact Officer on the telephone number or at the email or postal address above. We will then follow our internal dispute resolution system. We will acknowledge the complaint within 7 days. A decision will be made and advised within 30 days or a longer period as may be agreed with the individual.
If the individual is not satisfied with the decision he or she may make a complaint to the Office of the Australian Information Commissioner (the “OAIC”).
The contact details for the OAIC are:

Telephone:

1300 363 992

Facsimile: 

(02) 9284 9666

Website:

www.oaic.gov.au

Mail: 

The Office of the Australian Information Commissioner

 

GPO Box 2999

 

CANBERRA ACT 2601

10. Disclosure of personal information to overseas recipients 

Generally we do not disclose personal information to overseas recipients or to persons that do not have an Australian link. However, we may disclose personal information to third party service providers operating outside Australia who provide services to Enliven Fitness. We may use service providers located overseas for instance where we store your personal information on servers based overseas. In each case personal information is only provided to an overseas recipient where this is permitted under the Privacy Act and in particular 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 your information. The countries where the overseas recipients of personal information are likely to be located are Australia, 

New Zealand, the United Kingdom, the United States of America and countries located in the European Union.

11. Definitions 

In this privacy policy: 

“client” means any person (such as an individual or company) to whom we provide services; the Enliven Fitness Social Network means any social networking pages operated by us including without limitation pages on Facebook, YouTube and Twitter; “Website” means our website located at www.enlivenfitness.com; and “we”, “us” and “our” mean Enliven Fitness Pty Ltd (ACN 160 334 476) a company incorporated in Australia its related companies and associates. Words which are defined in the Privacy Act 1988 have the same meaning in this privacy policy.


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