PRIVACY POLICY
How This Policy Applies
Protecting your privacy is important to us.
We adhere to the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Privacy Act), subject to exemptions that are applicable to us under the Privacy Act.
In this Privacy Policy, ‘we’, ‘our’ and ‘us’ refers to Training Day Pty Ltd, and ‘you’ refers to any individual about whom we collect personal information.
In this Privacy Policy, unless the context otherwise requires, the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions.
Privacy Obligations
This policy details how we collect, use, disclose, store and enable access to your personal information.
By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between you and us, including the Member Terms and Conditions. We collect personal information where it is reasonably necessary for our functions and activities. We collect sensitive information, including health information, with your consent, where required or authorised by law, or where another exception under applicable privacy law applies.
How we Collect Personal Information
We collect information from you on a voluntary basis. You are not under any obligation to provide information to us. However, if you choose not to provide certain information, we may not be able to provide some or all of our services, manage your membership, process payments, assess your suitability for particular training services, or provide you with access to our facilities.
If we do not collect your personal information, including where you choose not to provide your personal information to us, we may not be able to provide our services to you. This may mean that we are unable to deliver our services to you or provide you with access to our facilities.
We may collect personal information from you:
1. when you visit or fill in a form on our website or at our gyms;
2. when you provide information to us in any way;
3. when you visit a premises from which we operate;
4. give us information about yourself in any communication with us, either in person, by telephone, e-mail, post or otherwise, either in connection with your account, purchases, or to report a complaint or issue; or
5. where we are otherwise required or authorised by law to do so.
We may also collect information from individuals under the age of 18 where we have obtained the express consent from their parent or guardian. If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us immediately so that we can take appropriate action.
Where we collect information about individuals under the age of 18, we will take reasonable steps to obtain consent from a parent or guardian where appropriate, including where health, emergency contact or membership information is collected.
Types of Personal Information we Collect
Unless indicated otherwise, ‘personal information’ is the term used in this Privacy Policy to refer to ‘personal information’ as defined in the Privacy Act. Personal information includes any information or opinion about an individual who is reasonably identifiable regardless of whether the information is true or not, and whether the information or opinion is recorded in a material form or not.
The types of personal information we may collect about an individual will depend on the nature of our interaction with them. We may collect the following types of personal information (either directly from you, or from third parties):
1. your full name;
2. your gender;
3. your age and your date of birth;
4. your mobile and telephone numbers;
5. your email address;
6. your residential or postal address;
7. payment details, such as your credit card, debit card or bank account details;
8. your image or photograph for security purposes, membership purposes, or employment;
9. identification documents such as a driver's license;
10. your transaction history, including our services, products you have purchased, your payment history and the capacity in which you have dealt or deal with us;
11. occupation and employment details including employment status and any previous work experience;
12. certification information;
13. emergency contact details (including their name and their contact number);
14. right to work and visa details; and
15. any other personal information that you choose to provide in connection with your dealings with us (whether in person, at any Training Day premises, or online).
We may also collect sensitive information where it is reasonably necessary for the services we provide, including for health and safety, program suitability, emergency support, incident response, personal training, injury management, legal compliance or insurance purposes. Sensitive information may include:
1. health information and other details that you provide to us;
2. pre-existing and current medical conditions;
3. medications;
4. whether you are pregnant; or
5. immunisation, vaccination or other health information.
We will only collect sensitive information with your consent, where required or authorised by law, or where another exception under applicable privacy law applies. Access to sensitive information is limited to personnel and service providers who reasonably need access for the purposes described in this Privacy Policy.
Purpose of Collection
We collect personal information where it is reasonably necessary for us to perform our functions and activities as a provider of gym facilities and fitness services, and to market our products and services, including to enable us to:
1. provide the services required;
2. to enable us to carry out our operations and activities;
3. create and manage memberships, accounts, renewals, suspensions, cancellations, access passes, direct debit arrangements;
4. manage entry to facilities, attendance records, class bookings, personal training appointments and use of gym equipment or services;
5. delivering and modifying training programs, including assessing whether particular programs, classes, personal training services or gym activities may be suitable for you having regard to any health, injury, safety or fitness information you provide;
6. responding to accidents, incidents, complaints or disputes;
7. provide you with the products you have purchased from us;
8. collect or process payment for the products or services you have purchased;
9. provide customer service and support including communications about our services or products;
10. operate, manage, control and improve our website, products, or the services we provide to you;
11. operate, analyse and improve our website, digital platforms, search performance, advertising, analytics and online user experience;
12. comply with our operations and financial requirements, as well as those of our related entities;
13. carry out research and analysis to understand our customers in how they use our facilities and purchase and use our products;
14. develop and improve our products and the services we deliver to you;
15. promote and market our products and services to you;
16. process requests or applications submitted by you;
17. manage the on-site safety of our premises and property, including your safety while you attend our premises;
18. comply with our statutory and legal obligations; and
19. manage insurance, legal, regulatory, risk, safety and dispute-related matters, including incidents occurring at our premises.
How we Use your Personal Information
Direct Electronic Marketing
We may use your personal information to send you direct marketing communications and information. We may send these communications to you via SMS, MMS, email or other electronic channels.
We comply with the Spam Act 2003 (Cth). You may unsubscribe or opt out of direct electronic marketing at any time by using the unsubscribe function in our communications or by contacting us. We will not continue to send direct electronic marketing to you where you have validly opted out.
Customer Based Marketing
We may use and disclose your information for customer targeted or matched digital advertising through platforms such as Google and Meta. This may involve using limited contact details, such as your email address or phone number, to create custom audiences, lookalike audiences or similar advertising audiences. You may opt out of this type of marketing by contacting us using the details below. We do not use sensitive information, such as health information, for customer matched advertising unless we have your consent or are otherwise permitted by law.
Social Media
We may collect personal information via our social media platforms, including Facebook, X, Instagram, YouTube and TikTok, where you interact with us through those platforms. We may use your comments, communications and feedback to administer our social media pages, respond to enquiries, manage complaints, moderate content and improve our services and products.
Acceptable Use of Social Media Platforms
It is your responsibility to protect your personal privacy when using our social media platforms. You should not include personal information about yourself or others in posts or comments on our social media platforms.
Our social media platforms must not be used to abuse others, post inappropriate or offensive comments, for an illegal purpose or to disclose another person’s personal information. If this occurs, you may be blocked from accessing our social media platforms and any comment or post may be removed.
Third Parties
We will take reasonable steps to confirm that third parties, where applicable, handle personal information consistently with applicable privacy laws and appropriate confidentiality and security requirements.
We may disclose personal information to:
1. our directors, officers, employees, contractors and related bodies corporate;
2. payment system operators;
3. anyone who is proposing to acquire our business, all of the shares in our company, our assets or any material part of them;
4. our professional advisors and agents;
5. technology, software, cloud hosting, CRM, booking, payment, security, marketing, digital advertising and analytics providers, some of whom may store or process personal information outside Australia;
6. other third parties who you specifically authorise us to disclose to; and
7. other persons, such as governmental authorities, agencies and regulators.
Some of our service providers may store or process personal information outside Australia, including in countries where our technology, payment, marketing, advertising, analytics or cloud service providers operate. Where practicable, we will take reasonable steps to ensure that overseas recipients handle personal information consistently with applicable Australian privacy requirements.
Website Use and Cookies
Cookies are data that a website transfers to an individual's device for record-keeping purposes. Cookies typically do not identify you personally, but they allow us to monitor and improve our website.
We may use cookies and similar technologies to customise the website to your needs, understand website usage, improve our services, support analytics and deliver relevant advertising. You can choose to block cookies through your browser settings, but some features of our website may not function properly if you do.
Links to other websites
Our website may contain links to websites third party websites outside of our website. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website or third party linked on our website, we advise you to examine the terms and conditions of using that website as well as its privacy policy.
Security
We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure. These steps may include access controls, staff training, secure systems, password protection, physical security measures, document management procedures and limiting access to personnel and service providers who need the information for legitimate business purposes.
While no system is completely secure, we regularly review our security practices having regard to the nature of the information we hold and the risks associated with that information.
CCTV Cameras and Surveillance
All Training Day gyms have ongoing surveillance and video recording for the purpose of the security and protection of our members, visitors, staff, contractors, facilities and property. Video recordings can only be accessed by authorised staff and authorised service providers where required for security, maintenance, investigation, insurance, legal or safety purposes.
Unless we notify you otherwise, we do not use facial recognition, biometric identification or biometric matching technology in our CCTV systems.
If a member requires access to such video recording then this request must be made in writing to the Training Day gym where the recording was made. We may be required to verify your identity before providing you access.
We may refuse access or refuse to provide access in the form requested where providing access would affect the privacy of other individuals or otherwise be unlawful. We may require that video recordings of a specific incident be released to the appropriate authorities or subject to the execution of the appropriate notice by that authority.
CCTV footage is retained for the period reasonably required for security, operational, insurance, legal, investigation or safety purposes. Where footage relates to an incident, complaint, investigation, insurance claim or legal matter, we may retain it for longer than our usual retention period.
Your Rights to Access, Update or Request Removal of Your Personal Information
You may request access to, correction of, or deletion of personal information that we hold about you. If you require access to personal information, or wish to correct or request deletion of personal information held by us, please contact us using the details below.
We will respond to your request within a reasonable period and in accordance with applicable law. We may need to verify your identity before responding to your request.
We may refuse access, correction or deletion where we are required or permitted to do so by law, including where information must be retained for legal, accounting, insurance, safety, dispute resolution, regulatory or legitimate business purposes.
If there is a lawful reason for us not providing you with access to your personal information, or not complying with a correction or deletion request, we will provide you with a written explanation where required by law, including information about how you may complain about the decision.
Retention of Personal Information
We retain personal information for as long as reasonably necessary for the purpose for which it was collected, including to provide services, manage memberships, process payments, maintain business records, comply with legal obligations, manage insurance and safety matters, resolve disputes and respond to complaints or investigations.
The period for which we retain information will depend on the type of information and the reason it was collected. For example, membership records, payment records, incident reports, health and safety records, employment-related records, CCTV footage and identification information may be retained for different periods depending on operational, legal, accounting, insurance and regulatory requirements.
Where we no longer require personal information, we will take reasonable steps to destroy or de-identify it, unless we are required or permitted by law to retain it.
Our Contact Details
If you have a concern or question relating to the collection or use of your personal information, be that offline or online, then please contact us on the below contact details. We will take all reasonable steps to respond to your concern or question in a timely manner. If your concern is a privacy complaint, we will assess it and respond within a reasonable period. We may request further information from you to properly investigate and respond to the complaint.
You can either present your concern or question in a Training Day gym or you can contact us as follows:
Mail: 2055 Dandenong Road, Clayton, VIC, 3168
Phone: 03 9562 7511
Email: info@trainingdayhc.com.au
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218, Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).
Changes to Our Privacy Policy
We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website to ensure that you are aware of the terms of our current Privacy Policy.
Copyright
All content, logos, slogans, information and other intellectual property on this website belong to Training Day or its licensors and must not be used without our prior written consent.