Privacy Policy

VibeZ Privacy Policy

1 About this privacy policy

This document sets out the policy of VibeZ 24/7 Fitness Pty Ltd ACN 617883959, its related companies and VibeZ franchised Clubs (collectively, VibeZ) relating to the privacy of your personal information (Privacy Policy). VibeZ is committed to protecting the privacy of the personal information it collects and receives. VibeZ is bound by the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act). This Privacy Policy applies to all your dealings with VibeZ whether at one of VibeZ clubs, VibeZ head office or via VibeZ website (www.VibeZfitness.com.au). This Privacy Policy seeks to explain:

  • the kinds of personal information VibeZ collects & holds;
  • how VibeZ collects and holds your personal information;
  • why VibeZ collects, holds, uses and discloses your personal information;
  • how you may access and seek the correction of your personal information as held by VibeZ;
  • how you may complain about a breach of the APPs or a registered APP code (if any) that VibeZ are bound by, and how VibeZ will deal with such a complaint; and
  • if VibeZ 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).

By using VibeZ website www.VibeZ.com.au, completing any membership application forms, personal trainer forms, competition entry forms and filling any forms in the franchisee recruitment process, you accept this Privacy Policy and expressly consent to VibeZ’ collection, use and disclosure of your personal information in the manner described in this Privacy Policy.

2 Your Personal Information

VibeZ only collects personal information (being information that identifies or could reasonably identify an individual) where VibeZ considers it to be reasonably necessary for VibeZ’ services, functions and activities. VibeZ 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 VibeZ’ services;
  • communicating with members, franchisees & website visitors to VibeZ’ website and online enquiries;
  • profiling our members & their interests;
  • operating VibeZ’ business; and / or
  • transferring memberships between clubs as per VibeZ transfer policy. The types of information VibeZ 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 VibeZ policy to only collect your sensitive information where it is reasonably necessary for VibeZ functions or activities and either you have consented or VibeZ are required or authorised under law to do so.

4 How VibeZ collects your personal information

VibeZ will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.

VibeZ 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 VibeZ 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 VibeZ’ security surveillance cameras.

VibeZ 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 Using your personal information

The main purposes for which VibeZ collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow VibeZ’ membership.

VibeZ collects information to service its members. VibeZ can use your information to:

  • process applications for memberships, franchisees & prospective franchisees;
  • understand VibeZ’ members’ needs and requirements;
  • manage & run VibeZ website & social media platforms;
  • providing you with information about VibeZ services;
  • delivering or enhancing VibeZ’ products and services;
  • help VibeZ maximise the benefits provided to members;
  • any other purpose directly related to VibeZ’ business and for which you have provided consent (where it is reasonably required by law).

VibeZ’ 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. VibeZ will collect data relating to any transactions you carry out through VibeZ’ website and the fulfilment of your order. VibeZ may also use your data to monitor for any unauthorised use of VibeZ’ website, content or subscriptions to VibeZ’ services.

6 Purpose of collection

If VibeZ collects personal information for a purpose (the primary purpose), VibeZ 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 your personal information; or
  • in relation to the use or disclosure of your personal information:
    • you would reasonably expect VibeZ to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose;
    • use or disclosure is required or authorised under Australian law or a court/tribunal;
    • a permitted situation exists in relation to VibeZ’ use or disclosure of the information;
    • a permitted health situation exists in relation to use or disclosure of the information; or
    • VibeZ 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 VibeZ uses or discloses your information because VibeZ 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, VibeZ will make a written note of the use or disclosure.

7 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.

8 Sharing your personal information

VibeZ may use and disclose personal information for related purposes to third parties. Types of organisations to whom VibeZ 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
  • VibeZ’ contracted service providers including:
    • information technology service providers;
    • planning research and development providers;
    • conference organisers;
    • marketing and communications agencies;
    • mailing houses, freight and courier services;
    • printers & distributors of marketing material;
    • debt collectors and banks;
    • personal trainers; and
    • external advisers (recruiters, auditors & lawyers).
  • VibeZ does not rent, sell or exchange your personal information to third parties without your prior approval.

9 Government Identifiers

VibeZ does not adopt, use or disclose government related identifiers (such as a Medicare number or license number) as VibeZ’ 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 VibeZ’ obligations; or
  • VibeZ reasonably believes it is reasonably necessary for one or more enforcement related activities.

10 Cookies

To improve VibeZ’ services, VibeZ sometimes collects de-identified information from web users. The information collected does not identify an individual but does help VibeZ to analyse and improve its web services. When you visit VibeZ’ 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.

VibeZ 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.

11 Links to other websites

Links to third party websites that VibeZ does not operate or control are provided for your convenience. VibeZ is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which VibeZ encourages you to read before supplying any personal information to them.

12 Direct Marketing

If VibeZ holds your information, VibeZ may use or disclose that information (other than sensitive information) for direct marketing if:

  • VibeZ collected the information from you; and
  • you would reasonably expect VibeZ to use or disclose the information for that purpose; and
  • VibeZ provided you with a simple way to opt out of receiving direct marketing from VibeZ; and
  • you have not made such an opt out request to VibeZ. VibeZ may also use or disclose your information (other than sensitive information) for direct marketing if:
  • VibeZ collected the information from you and you would not reasonably expect VibeZ to use or disclose the information for that purpose or someone other than you; and
  • either:
    • you have consented to the use or disclosure of the information for that purpose; or
    • it is impracticable to obtain that consent; and
  • VibeZ provided you with a simple way to opt out of receiving direct marketing from VibeZ; and
  • in each direct marketing communication with you:
    • VibeZ includes a prominent statement that you can request to opt out; or
    • VibeZ otherwise draws your attention to the fact that you can request to opt out; and
    • you have not made such a request to VibeZ.

VibeZ 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. VibeZ may also use or disclose your personal information for direct marketing if:

  • VibeZ are a contracted service provider for a Commonwealth contract; and
  • VibeZ 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 VibeZ has collected the personal information that VibeZ used to send you direct marketing material from a third party, you can ask VibeZ to notify you of its source of information. It is VibeZ’ policy is to do so unless it is unreasonable or impracticable.

13 How to opt out of direct marketing

If VibeZ uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from VibeZ.

If VibeZ uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that VibeZ does not use or disclose your information for this purpose.

VibeZ will give effect to your request not to receive direct marketing from VibeZ or an entity facilitated by VibeZ within a reasonable time after the request is made.

14 Protecting your personal information

VibeZ stores information in different ways, including paper and electronic form. VibeZ 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 VibeZ’ systems;
  • servers kept at a secure location with limited access;
  • document storage security requirements;
  • granting access only to verified individuals;
  • access controls for VibeZ’ buildings;
  • limited the provision of personal information to third parties and subject to guarantees about use; and
  • training staff to deal with the information.

VibeZ cannot guarantee that personal information will be protected against unauthorized access or misuse and VibeZ does not accept any liability for the improper actions of unauthorised third parties.

VibeZ will retain your personal information for as long as necessary to fulfil VibeZ’ obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when VibeZ collects your personal information.

Once VibeZ is no longer required to retain your personal information, VibeZ will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.

15 Disclosing your personal information overseas

VibeZ and VibeZ group entities may disclose your personal information to other third party service providers operating outside Australia who work with VibeZ or one of VibeZ’ suppliers, agents, or partners. VibeZ 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, VibeZ 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.

 

If your personal information is collected using a document that references this Privacy Policy, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.

You acknowledge and understand that by providing such consent:

  • VibeZ 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:
    • VibeZ will not be liable under the Act; and
    • 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, VibeZ will not rely on this consent when dealing with your personal information going forward.

16 Anonymity

You have the option of not identifying yourself or using a pseudonym when dealing with VibeZ provided that is it lawful and practicable.

VibeZ will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:

  • VibeZ is required/authorised by law or court/tribunal order to deal with identified individuals; or
  • it is impracticable for VibeZ to deal with individuals who have not identified themselves.

It is VibeZ’ policy to enable you to access VibeZ’ website and make general phone queries without having to identify yourself and to enable you to respond to VibeZ’ surveys anonymously.

In some cases however, if you don’t provide VibeZ with your personal information when requested, VibeZ may not be able to respond to your request or provide you with our service. For example, you must identify yourself to become a VibeZ member or franchisee.

17 Accessing to your personal information

You have the right, upon request, to access any of VibeZ’ records containing your personal information. To request access to your personal information please contact the Privacy Officer, set out at the end of this Policy.

VibeZ 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, VibeZ will give you access to the information requested.

If VibeZ refuses your request to access personal information, VibeZ 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 VibeZ’ 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, VibeZ will require you to provide some form of identification (such as a driver’s licence or passport) so VibeZ can verify that you are the person to whom the information relates.

18 Help VibeZ keep your personal information accurate

VibeZ will take reasonable steps to ensure VibeZ’ 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 VibeZ all the personal information VibeZ may require, or the personal information provided is inaccurate or incomplete, then the products, services and information VibeZ provide may be affected.

If you think there is something wrong with the information VibeZ holds about you please contact the Privacy Officer to:

  • let VibeZ know if there are any errors; and
  • keep VibeZ up-to-date with any changes, and VibeZ will try to correct your personal information.

VibeZ will respond to your request to correct your personal information and in a reasonable period of time. If VibeZ refuses your request, VibeZ will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.

If VibeZ refuses to correct your personal information, you may request that VibeZ associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. VibeZ will take reasonable steps to make the statement visible to users of your personal information.

If VibeZ does correct your personal information and VibeZ has previously disclosed your personal information to a third party, upon your request, VibeZ will notify that third party of the correction unless it is impracticable or unlawful to do so.

19 Resolving your privacy issues

If you have any issues you wish to discuss with VibeZ or if you’re concerned about how VibeZ 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.

20 Changes and access to this privacy policy

VibeZ may, from time to time, review and update this privacy policy to take account of new laws and changes to VibeZ’ operations. Changes to this Privacy Policy will not affect VibeZ’ use of previously provided information.

This Privacy Policy is available on VibeZ’ website at www.VibeZfitness.com.au. A printed Privacy Policy can be obtained free of charge by contacting the Privacy Officer.

21 VibeZ Privacy Officer

VibeZ’ privacy officer can be contacted at:

  • Email: info@VibeZfitness.com.au
  • Telephone: 02 4390 4221
  • Post: Shop 3, 17-21 Pacific HWY, San Remo, NSW, 2262