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Oxygen Gyms Australia Pty Ltd (ABN 69 663 502 298) (Oxygen Gyms, we us) is committed to protecting personal information and will take all reasonable steps to secure the personal information it holds. A reference in this policy to Oxygen Gyms also includes Oxygen Gyms’ wholly owned businesses and brands.
Oxygen Gyms understands the importance of privacy and is committed to collecting and handling personal information in accordance with all applicable privacy laws. Oxygen Gyms is committed to complying with the Australian Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).
Oxygen Gyms may update this Privacy Policy and Annexures from time to time. The current version will be published on the Oxygen Gyms website.
By visiting our website, using an application or otherwise dealing with us, you agree to this policy and you also agree to the collection of your Personal Information and also to our collection, holding, use and disclosure of your Personal Information in accordance with and as set out in this privacy policy and Annexures.
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in material form or not.
The following Personal Information may be collected from you through your use of our website, our applications (apps), social media pages, services or other methods:
We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your Personal Information but is not considered Personal Information in law as it will not directly or indirectly identify you. However, if we combine or connect aggregated data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this privacy policy.
We may collect Personal Information either through direct or automated interactions. We may also collect information about you from other sources which we may combine with Personal Information provided by you to help us update, expand and analyse our records and identify new customers. The Personal Information we collect from other sources includes identifiers, professional or employment-related information and may be obtained from third parties or public sources including (but not limited to) analytics providers, search information providers, social media profiles such as LinkedIn or from other individuals at your organization for one or more of the purposes as set out within this privacy policy.
Sensitive information means 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.
We will require you to complete an initial assessment during which we collect health related information about you including:
Applicants for employment: If you apply for employment we may also collect and store information including your:
We will collect, hold and use that information solely for the purposes of assessing your application. If you are successful, your information will become part of your record.
Current employees – If you are an employee, or a former employee, we collect all of the Personal Information noted above and in addition information about the training modules you have completed, the forms you have submitted, personal information you have provided, the approvals you have given or received, and other similar information related to your job.
Oxygen Gyms collects Personal Information and Sensitive Information about you for the following primary purposes:
Oxygen Gyms collects Personal Information and Sensitive Information about you in a number of ways, including directly from you when you:
Oxygen Gyms may also collect Personal Information and Sensitive Information about you from other third party sources when it is impractical or unreasonable for us to collect it directly from you. These sources may include:
We also collect personal or anonymous information about you from other sources and sometimes combine that information with other information collected from you or from third parties for the purposes disclosed in this privacy policy.
We may collect the information in person, over the telephone or internet, by mail, email or camera, through social media or biometric reader, by other electronic means or by completion of an application or consent form, whether on-line or otherwise. We may also purchase it from third parties if lawful to do so.
We also collect personal or anonymous information about you from other sources and sometimes combine that information with other information collected from you or from third parties for the purposes disclosed in this privacy policy.
When collecting Personal Information or Sensitive Information by whichever means, Oxygen Gyms will take reasonable steps to provide the appropriate notices and obtain relevant consents in accordance with privacy laws. We may keep unsolicited personal information (personal information we receive that we have taken no active steps to collect) if the information is reasonably necessary for one or more of our functions, services or activities.
Oxygen Gyms may, from time to time, disclose your Personal Information to:
Oxygen Gyms may disclose personal information for secondary purposes that are related to the primary collection purpose but only in situations where it is reasonable to expect such information to be disclosed.
Oxygen Gyms may, from time to time, disclose your Sensitive Information:
You don’t have to provide any Personal Information or Sensitive Information to us. However, if you do not do so, this may affect or completely restrict your ability to use our products and services, including our websites or app, our ability to provide you with relevant content, prizes, products and services, or our ability to process your queries and employment applications.
How we secure your personal information and Sensitive Information
We use reasonable endeavours to secure your Personal Information and Sensitive Information which may include:
We require other entities that collect your information from us to use reasonably available technology to secure it.
We are not responsible for the security of any computer, mobile phone, tablet computer or other device whatsoever which you use to access our website or to communicate with us and through which we provide communications to you.
Our websites use cookies to provide the functionality necessary to deliver our products and services. Our websites also use a number of third party services such as analytics and security that also utilise cookies. We do not control these third parties or their cookies and we refer you to the third party’s website for details on how they use their cookies.
Cookies in use may identify individuals who log into our website. You can reject cookies as described in our Cookies Policy below:
When you visit our Digital Properties we send one or more “cookies” to your computer or other devices. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to any Collected Information you submit while on our site. We use both session ID cookies and persistent cookies.
A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our site. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance.
Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.
Advertising cookies may be set through our website by our advertising partners. Data may be collected by these companies that enable them to serve up advertisements on other sites that are relevant to your interests.
If you reject cookies, you may still use our site, but some features on the site will not function properly.
We may use tracking technologies to collect Personal Information about you when you use and access a website or app, including cookies, internet tags or web beacons, and navigational data collection (e.g. log files, server logs, and clickstream data). The type of information that is collected includes:
This browsing information is generally not linked to your identity, except where you access a website or app via links in a message we have sent or where we are able to identify the device or user accessing a website or app.
We may combine your anonymous information, browsing information or other information collected through tracking technologies with your Personal Information and Sensitive Information collected as described above in order to understand and remember your preferences and interests.
You hereby provide your fully informed consent to the collection, use, disclosure and storage of your Personal Information and Sensitive Information as described in this Privacy Policy.
You can withdraw your consent at any time by notifying the Privacy Officer as described below.
Your Personal Information and Sensitive Information may be disclosed to overseas recipients as part of our ordinary business or normal use of our information technology systems. We may disclose your Personal Information and Sensitive Information overseas for the purposes of provision of services, marketing, IT services, accounting, support and maintenance, merger and acquisition activity, research and other purposes.
Some of our operations, related entities and/or third party service providers are located in countries outside of Australia (including but not limited to Fitness Force – Canada.)
When we disclose your Personal Information and Sensitive Information to any overseas recipients, we shall do so only for purposes listed in this Privacy Policy and in accordance with applicable privacy laws.
Marketing Oxygen Gyms products and services is important for us to fulfil our role. We use a number of direct marketing strategies and channels including email, mail, SMS, social media and third party marketing companies to provide you with information relating to our products, services, promotions, publications or other products or services that we reasonably think may be of interest to you.
We will provide you with a way of opting out of receiving direct marketing communications or you can opt out by contacting our Privacy Officer as described below.
Oxygen Gyms’ related entities may use similar marketing strategies and channels as Oxygen Gyms.
Oxygen Gyms will never sell, trade, lease or rent any Personal Information or Sensitive Information to other organisations except as stated and agreed by you when we collect your Personal Information or Sensitive Information or where set out in this privacy policy.
Any request for access to your Personal or Sensitive (if any) Information held by us must be sent by email or post to our contact details referred to below under the heading ‘Our Contact Details’.
If we are unable to grant your access, we will give you our reasons in writing within a reasonable time. These may include where providing the information to you may:
There may be a charge to make a request for access to your information.
We cannot give you access to credit information held about you by an external party whether that body obtained the information from us or not. We refer you to the privacy policy of that body.
If you believe any Personal Information or Sensitive Information we hold about you is incorrect, please contact us to the contact details referred to below under the heading ‘Our Contact Details’ and tell us what information is, in your belief, incorrect and how you want it changed.
We will deal with your request according to applicable privacy laws. If we receive a request for access or correction, we will provide our response and/or complete any reasonable action within the timeframe required by law.
If we have supplied credit information which we have agreed to correct to a credit reporting body, we will notify that body within the timeframe required by law.
If you have any complaint about how we deal with your Personal Information or Sensitive Information, please contact our Privacy Officer at the contact details referred to below. Our Privacy Officer will follow our Privacy Internal Dispute Resolution Process.
All communications you send to us must be sent by email or post to the following address AND marked to the attention of “The Privacy Officer”:
If you have contacted our Privacy Officer (see above for contact details under the heading ‘Our Contact Details’) and are not satisfied with our dispute resolution process, you may also refer the matter to:
The Office of the Australian Information Commissioner GPO Box 2999 Canberra ACT AUS 2601 Tel: 1300 363 992 Fax: 02 9284 9666 Website: www.oaic.gov.au
We may make changes to this Privacy Policy from time to time for various reasons including:
We will notify such changes by including the updated policy on our website. Where the changes may affect you in a particular way, and you have a contract with us, we will notify you if required by the contract or applicable law.
Oxygen Gyms maintains several social media pages (Facebook, Instagram YouTube, Twitter etc.). You are welcome to post comments about your experiences.
For the safety of all online users, you agree you must not post content that is abusive, inappropriate, defamatory, illegal, unlawful, undesirable, that infringes another person’s IP rights, is another person’s personal or sensitive information, is advertising or promotion, or is misleading or deceptive.
This Annexure is to be read in conjunction with the Privacy Policy and provides additional privacy information as required under the GDPR, as to how we collect, hold, use or otherwise process the Personal Data of individuals who are located in the EU or the European Economic Area (EEA). Oxygen Gyms is committed to upholding these practices when dealing with the Personal Data of EU residents.
For the purposes of this Annexure, Personal Information will also include ‘Personal Data’ as defined in GDPR.
In most cases, Oxygen Gyms is primarily the ‘controller’ of Personal Data and will provide its services in a way such that Personal Data will be processed fairly, lawfully and in a transparent manner, and collected and processed only for specified and lawful purposes.
Oxygen Gyms will only collect and process your Personal Data where we have legal bases for doing so. Depending on the services you seek or use, Oxygen Gyms may rely on the following legal bases for processing Personal Data:
In addition to the purposes set out in section 2 of the Privacy Policy, Oxygen Gyms may process your Personal Data:
If you have consented to our use and processing of your Personal Data for specific purposes, you have a right to withdraw your consent at any time.
Third parties will only process your Personal Data in accordance with Oxygen Gyms’ instructions and where the third party complies with the GDPR requirements or other data protection laws for the processing and transfer of Personal Data.
Oxygen Gyms does not make decisions or predict personal aspects of an individual using automated processing of Personal Data. However, we may collect certain information from you in relation to your website visits and online activity. This may in some circumstances constitute ‘profiling’ under the GDPR. Furthermore, Oxygen Gyms may undertake ‘profiling’ to personalise your website experience, our communications with you and improve our service offerings to you.
Our websites use cookies to provide the functionality necessary to deliver our products and services. Our websites also uses a number of third party services such as analytics and security that also utilise cookies. We do not control these third parties or their cookies and we refer you to the third party’s website for details on how they use their cookies.
Cookies in use may identify individuals who log into our website. You can reject cookies by changing the settings on your browser but doing so may limit your functionality and user experience within our site. For further information, please refer to our Cookies Policy.
Oxygen Gyms will not use direct marketing as outlined in the Privacy Policy to market its products and services to you unless:
If an individual has agreed to receive marketing, the individual may always opt out at a later date. Refer to the Privacy Policy for the process in which this can be done.
Transfers and storage of an individual’s Personal Data outside the EEA are subject to different binding information protections regulations and specific contractual obligations. In the circumstance when Personal Data is transferred outside the EEA, in addition to the procedures and safeguards used to secure Personal Data set out in the Privacy Policy, the Oxygen Gyms will also implement other appropriate safeguards in accordance with the GDPR which may include:
For further information, contact our Privacy Officer (see contact details in the Privacy Policy).
You have the following right to request:
You have the right to:
Please note that in some cases, we may then be unable to offer or provide our services to you once we process your request. If you ask us to restrict the collection or use of your Personal Data, we will let you know how the restriction may affect the services we can provide to you.
In addition, your objection to certain processing may not be granted if Oxygen Gyms believes it has legitimate grounds to process Personal Data which overrides your rights and freedoms under the GDPR.
You can exercise your rights by contacting our Privacy Officer. When Oxygen Gyms responds to a request under this Annexure, Oxygen Gyms may not refuse to act on the request, unless it can demonstrate that it is not in a position to verify you or we are not obligated to do so by law or the GDPR.
We will otherwise endeavour to respond to your request in a timely manner and within one month of receipt of the request. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Oxygen Gyms will inform you of such an extension within one month of receipt of the request, together with the reasons for the delay.
If Oxygen Gyms decides not to take action in response to your the request, we will inform you of our decision within one month of receipt of the request, provide our reasons for not taking action, and provide you with details on how you may lodge a complaint with a supervisory authority and seek a judicial remedy, if you are dissatisfied with the outcome.
If you have a complaint about our processing of your Personal Data or our response to your requests or complaint, you have a right to lodge a complaint with the relevant supervisory authority.
This Privacy Collection Notice must be used wherever you originally collect Personal or Sensitive Information – whether by electronic or paper means.
For electronic collection, where you use an electronic form, regardless of the channel (web, email, social media etc), you must include the Privacy Collection Notice (which can be a section of the electronic form or a pop up), and a ‘tickbox’ where the customer ‘ticks’ that they have read and agree to the Privacy Collection Notice and to the privacy policy. You need to make an electronic record of the customer agreement and retain for seven (7) years and then dispose of it.
For paper collection, where the customer fills out a physical form, you must include the written Privacy Collection Notice, and the customer agrees they have read and agree to the Privacy Collection Notice and to the privacy policy by physically signing the form. The form should be kept as a record for seven (7) years and then disposed of.
OXYGEN GYMS Pty Ltd (ABN 69 663 502 298)
Contact: Privacy Officer Tel: 07 3521 9511, email: sunny@oxygengymsaustralia.com
Our Privacy Policy – Our Privacy Policy sets out our approach to the management of personal and sensitive information. Subject to the Privacy Act 1998 (Cth), you can have access to and seek correction of your personal and sensitive information. Our Privacy Policy contains information about how you can do this. Our Privacy Policy also contains information about how you can make a complaint about a breach of privacy.
Collection and use – Your personal information and sensitive information is being collected by Oxygen Gyms. Oxygen Gyms collects your personal information for the primary purposes of providing you with our website, apps, social media, products and services and associated purposes set out in our Privacy Policy. If you do not or are unable to provide your personal information or sensitive information, we may not be able to provide you with our website, apps, social media, products and services. By completing this form, you consent to the collection, use and disclosure of your personal information as described in our privacy policy at www.oxygengymsaustralia.com.au. Specifically, you also consent to us disclosing your personal information to our service providers located in Australia.
Direct Marketing – By completing this form, you consent to us using your personal information to let you know about products and services that we think may be of interest to you, via direct marketing through electronic and other means. However, you may opt out of receiving marketing information at any time by using the contact details provided above. For more information, see our Privacy Policy.