Privacy Policy

Welcome to ELITE Health Club! We understand that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our Services to you. In this Privacy Policy we, us or our means ELITE Health Club Pty Ltd (ABN 25 643 974 216) or any of it's subsidiaries.

Types of information

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Sensitive information: is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

The information we collect

Personal information: The types of personal information we may collect about you include:

your name;
images of you;
your contact details, including email address, mailing address, street address and/or telephone number;
your age and/or date of birth;
your gender;
your health and fitness goals to tailor personal training plans and programs to you;
your credit card or payment details (through our third party payment processor);
your preferences and/or opinions;
information you provide to us through customer surveys;
your sensitive information as set out below;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.

Sensitive information: The types of sensitive information we may collect about you include:

your health information such as:
- details of your health condition;
- past or present injuries;
- illnesses and/or diseases; and
- whether or not you are pregnant.
Your biometric information such as:
- weight;
- height
- bone mass;
- fat mass;
- body fat percentage;
- waist circumference;
- metabolic rate;
- pulse; and
- body composition including fat distribution around your body via our InBody scanner.

Unless otherwise permitted by law, we will not collect sensitive information about you without first obtaining your consent.

How we collect personal information

We collect personal information in a variety of ways, including:

Directly: We collect personal information which you directly provide to us, including through the ‘contact us’ form on our website to book a free consultation, when you use the Mindbody application to interact with us including to make bookings, pay us, access training and coaching sessions via video and to track your progress, when you use our InBody scanner or when you request our assistance via email or over the telephone.
Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.
From third parties: We collect personal information from third parties, such as details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

Collection and use of personal information

Personal information: We may collect, hold, use and disclose personal information for the following purposes:

to provide our Services to you, including to provide you access to our gym, allow you to book classes and training sessions, tailor and personalise training and nutrition plans and programs to you, deliver one on one and small group classes and training sessions both in person via video and track your fitness and nutrition progress;
to enable you to access and use our associated applications and associated social media platforms;
to contact and communicate with you about our Services;
for internal record keeping, administrative, invoicing and billing purposes;
for analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms;
to run promotions, competitions and/or offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have;
if you have applied for employment with us; to consider your employment application; and
if otherwise required or authorised by law.

Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes:

any purposes you consent to;
the primary purpose for which it is collected including to enable us to provide our Services to you, to tailor and personalise training and nutrition plans and programs to your needs and goals, to assess your body composition, to track your fitness and nutrition progress and to refer you to professionals such as physicians or nutritionists;
secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to provide our Services to you;
to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and
if otherwise required or authorised by law.

Disclosure of personal information to third parties

We may disclose personal information to:

third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators. We use the Mindbody application as a third party service provider to facilitate bookings, training and coaching sessions via video and payment;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
sponsors or promoters of any promotions or competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Facebook Pixel or other relevant analytics businesses; and
any other third parties as required or permitted by law, such as where we receive a subpoena.

Overseas disclosure: Where we disclose your personal information to third parties listed above, these third parties may store, transfer or access personal information outside of Australia.

We will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles or we will take such steps as are reasonable in the circumstances to protect your personal information in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the relevant privacy authority.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

We may use cookies on our online Services from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online Services and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online Services with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our online Services.

Links to other websites

Our Services may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

PRIVACY COLLECTION NOTICE

We may collect personal information from you or from third parties so that we can provide our services to you, to enable you to access and use out gym facilities, to track your progress, to tailor and personalise plans and programs for you, to contact and communicate with you, to respond to your enquiries and for the purposes otherwise set out in our privacy policy.

We may disclose this personal information to third parties, including our employees, contractors and related entities, third party service providers that provide their services to us (including IT service providers, marketing and advertising providers and website analytics suppliers), if we are required to disclose personal information by law and as otherwise set out in our privacy policy. Where we disclose your personal information to third parties listed in our privacy policy, these third parties may store, transfer or access personal information outside of Australia.

Notice in relation to your sensitive information

We collect, hold, use and disclose sensitive information from you that is necessary for us to provide our services to you. This includes, for example, information about your health conditions, past or present injuries, illnesses and/or diseases for the purposes of providing health consultation and personalising a training program for you.

If you do not provide your personal and sensitive information to us, we may not be able to provide our services to you.

Our privacy policy above describes further how we collect, store, use and disclose your personal and sensitive information. It also describes how you can access and correct your personal and sensitive information, how you can make a privacy-related complaint and our complaint-handling process.

If you would like more information about our privacy policy or privacy practices, please contact us. By providing your personal and sensitive information to us, you agree to the collection, use, storage and disclosure of that information as described in this privacy collection notice.

For any questions or notices, please contact our Privacy Officer at:

ELITE Health Club Pty Ltd (ABN 25 643 974 216)

Email: results@elitehealthclub.com.au