Privacy Policy

1. Privacy Policy Detail

This is the privacy policy for Elements4Life (E4L) which is a subsidiary of 432 Lifestyles PTY LTD ABN 40 644 961 295. It is also the privacy policy for all related companies and E4L Licensed Clubs & Facilities (collectively, Elements4Life) relating to the privacy of your personal information (Privacy Policy).

E4L is committed to protecting the privacy of the personal information it collects and receives.  E4L 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 E4L whether at one of E4L’s clubs, E4L head office or via E4L website (www.elements4life.com.au).

This Privacy Policy seeks to explain:

• The types of personal information E4L collects & holds;
• How E4L collects and holds your personal information;
• Why E4L collects, holds, uses and discloses your personal information;
• How you may access and seek the correction of your personal information as held by E4L;
• How you may complain about a breach of the APPs or a registered APP code (if any) that E4L are bound by, and how E4Lwill deal with such a complaint; and
• If E4L 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 E4L website www.elements4life.com.au or 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 E4L’s collection, use and disclosure of your personal information in the manner described in this Privacy Policy.

2. Your Personal Information

E4L only collects personal information (being information that identifies or is related to the identity and /or could reasonably identify an individual) where E4L considers it to be reasonably necessary for E4L functions and activities.

E4L 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 E4L’ services;
• Communicating with members, franchisees & website visitors to E4L’ website and online enquiries;
• Profiling our members & their interests;
• Operating E4L’ business; and / or
• Transferring memberships between clubs as per E4L transfer policy.

The types of information E4L 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 E4L policy to only collect your sensitive information where it is reasonably necessary for E4L functions or activities and either you have consented or E4L are required or authorised under law to do so.

4. How E4L collects your personal information

E4L will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.

E4L 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 E4L 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 E4L’ security surveillance cameras.

E4L 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. Unsolicited personal information

Unsolicited personal information is personal information E4L receives that E4L has taken no active steps to collect (such as a job application sent to E4L by an individual on their own initiative, rather than in response to an advertisement).

E4L may keep records of unsolicited personal information if the information is reasonably necessary for one or more of E4L’ functions or activities. If not, it is E4L’ policy to destroy the unsolicited information or ensure that the information is de-identified, provided it is lawful and reasonable to do so.

6. Using your personal information

The main purposes for which E4L collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow E4L’ membership.

E4L collects information to service its members.  E4L can use your information to:

• Process applications for memberships, franchisees & prospective franchisees;
• Understand E4L’ members’ needs and requirements;
• Manage & run E4L website & social media platforms;
• Providing you with information about E4L services;
• Delivering or enhancing E4L’ products and services;
• Help E4L maximize the benefits provided to members;
• any other purpose directly related to E4L’ business and for which you have provided consent (where it is reasonably required by law).

E4L’ 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. E4L will collect data relating to any transactions you carry out through E4L’ website and the fulfillment of your order.

E4L may also use your data to monitor for any unauthorised use of E4L’ website, content or subscriptions to E4L’ services.

7. Purpose of collection

If E4L collects personal information for a purpose (the primary purpose), E4L 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 the your personal information; or
• In relation to the use or disclosure of your personal information:

* You would reasonably expect E4L to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose (sensitive information) or related to the primary purpose (not sensitive information);

* Use or disclosure is required or authorised under Australian law or a court/tribunal;

* A permitted situation exists in relation to E4L’ use or disclosure of the information;

* A permitted health situation exists in relation to use or disclosure of the information; or

* E4L 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 E4L uses or discloses your information because E4L 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, E4L will make a written note of the use or disclosure.

8. 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.

9. Sharing your personal information

E4L may use and disclose personal information for related purposes to third parties. Types of organisations to whom E4L 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
• E4L’ 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).

E4L does not rent, sell or exchange your personal information to third parties without your prior approval.

10. Government Identifiers

E4L does not adopt, use or disclose government related identifiers (such as a Medicare number or license number) as E4L’ 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 fulfill E4L’ obligations; or
• E4L reasonably believes it is reasonably necessary for one or more enforcement related activities.

11. Cookies

To improve E4L’ services, E4L sometimes collects de-identified information from web users. The information collected does not identify an individual but does help E4L to analyse and improve its web services.

When you visit E4L’ 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.

E4L 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.

12. Links to other websites

Links to third party websites that E4L does not operate or control are provided for your convenience. E4L is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which E4L encourages you to read before supplying any personal information to them.

13. Direct Marketing

If E4L holds your information, E4L may use or disclose that information (other than sensitive information) for direct marketing if:

• E4L collected the information from you; and
• You would reasonably expect E4L to use or disclose the information for that purpose; and
• E4L provided you with a simple way to opt out of receiving direct marketing from E4L; and
• You have not made such an opt out request to E4L.

E4L may also use or disclose your information (other than sensitive information) for direct marketing if:

• E4L collected the information from you and you would not reasonably expect E4L 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

* E4L provided you with a simple way to opt out of receiving direct marketing from E4L; and

• In each direct marketing communication with you:
• E4L includes a prominent statement that you can request to opt out; or
• E4L otherwise draw your attention to the fact that you can request to opt out; and
• You have not made such a request to E4L

E4L 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.

E4L may also use or disclose your personal information for direct marketing if:

• E4L are a contracted service provider for a Commonwealth contract; and
• E4L 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 E4L has collected the personal information that E4L used to send you direct marketing material from a third party, you can ask E4L to notify you of its source of information. It is E4L’ policy is to do so unless it is unreasonable or impracticable.

14. How to opt out of direct marketing

If E4L uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from E4L.

If E4L uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that E4L does not use or disclose your information for this purpose.

E4L will give effect to your request not to receive direct marketing from E4L or an entity facilitated by E4L free of charge within a reasonable time after the request is made.

15. Collection Notices

At or before the time of collection of personal information from you, or as soon as practicable afterwards, E4L will take reasonable steps to notify you or to otherwise ensure that you are aware of:

E4L will generally include these matters in a collection notice. For example, where personal information is collected on a paper or website form, E4L will include a collection notice, or a clear link to it, on the form or a separate follow up communication.

Collection notices may provide more specific information than this Privacy Policy in relation to particular collections of personal information. The terms of this Privacy Policy are subject to any specific provisions contained in collection notices and in terms and conditions of particular offers, products and services. E4L encourages you to read those provisions carefully.

16. Protecting your personal information

E4L stores information in different ways, including paper and electronic form. E4L 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 E4L’ systems;
• Servers kept at a secure location with limited access;
• Document storage security requirements;
• Granting access only to verified individuals;
• Access controls for E4L’ buildings;
• Limited the provision of personal information to third parties and subject to guarantees about use; and
• Training staff to deal with the information.

E4L cannot guarantee that personal information will be protected against unauthorized access or misuse and E4L does not accept any liability for the improper buy nexium thailand actions of unauthorised third parties.

E4L will retain your personal information for as long as necessary to fulfil E4L’ obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when E4L collects your personal information.

Once E4L is no longer required to retain your personal information, E4L will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.

17. Disclosing your personal information overseas

E4L and E4L group entities may disclose your personal information to other third party service providers operating outside Australia who work with E4L or one of E4L’ suppliers, agents, or partners.  E4L 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, E4L 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.

E4L may disclose personal information to other E4L entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands.  The European Commission has recognized each of these countries as providing adequate protection of personal information.

To make it easy for you to deal with E4L and other E4L entities and provide you with a more personal and consistent experience, E4L may exchange and combine personal information with other E4L entities for the purposes described in this Privacy Policy.

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:

• E4L 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:

* E4L 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, E4L will not rely on this consent when dealing with your personal information going forward.

18. Anonymity

You have the option of not identifying yourself or using a pseudonym when dealing with E4L provided that is it lawful and practicable.

E4L will try to accommodate a request for anonymity if possible.  However, your right to anonymity does not apply in relation to a matter if:

• E4L is required/authorised by law or court/tribunal order to deal with identified individuals; or
• it is impracticable for E4L to deal with individuals who have not identified themselves.

It is E4L’ policy to enable you to access E4L’ website and make general phone queries without having to identify yourself and to enable you to respond to E4L’ surveys anonymously.

In some cases however, if you don’t provide E4L with your personal information when requested, E4L may not be able to respond to your request or provide you with service. For example, you must identify yourself to become a E4L member or franchisee.

19. Accessing to your personal information

You have the right, upon request, to access any of E4L’ records containing your personal information.

To request access to your personal information please contact the Privacy Officer.

E4L 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, E4L will give you access to the information requested.

If E4L refuses your request to access personal information, E4L 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 E4L’ 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, E4L will require you to provide some form of identification (such as a driver’s license or passport) so E4L can verify that you are the person to whom the information relates.

20. Help E4L keep your personal information accurate

E4L will take reasonable steps to ensure E4L’ 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 E4L all the personal information E4L may require, or the personal information provided is inaccurate or incomplete, then the products, services and information E4L provide may be affected.

If you think there is something wrong with the information E4L holds about you please contact the Privacy Officer to:

• Let E4L know if there are any errors; and
• Keep E4L up-to-date with any changes,

and E4L will try to correct your personal information.

E4L will respond to your request to correct your personal information free of charge and in a reasonable period of time.  If E4L refuses your request, E4L will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.

If E4L refuses to correct your personal information, you may request that E4L associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading.  E4L will take reasonable steps to make the statement visible to users of your personal information.

If E4L does correct your personal information and E4L has previously disclosed your personal information to a third party, upon your request, E4L will notify that third party of the correction unless it is impracticable or unlawful to do so.

21. Dealing with SPAM and Do Not Call register

E4L will not send you any commercial electronic messages unless it is permitted by the Spam Act (e.g., E4L has your express/inferred consent). Any commercial electronic message that E4L sends will identify E4L as the sender and will include relevant contact details and an unsubscribe facility.  If you do not wish to receive commercial electronic messages from E4L, please contact the Privacy Officer.

E4L will not call you on a number on the Do Not Call Register unless permitted under the Do Not Call Register Act & related instruments.  If you don’t wish E4L to call you on a particular number, please contact the Privacy Officer.

22. Resolving your privacy issues

If you have any issues you wish to discuss with E4L or if you’re concerned about how E4L 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.

23. Changes and access to this privacy policy

E4L may, from time to time, review and update this privacy policy to take account of new laws and changes to E4L’ operations.  Changes to this Privacy Policy will not affect E4L’ use of previously provided information.

This Privacy Policy is available on E4L’ website at www.jetts.com.au.  A printed Privacy Policy can be obtained free of charge by contacting the Privacy Officer.

24. E4L privacy officer

E4L’ privacy officer can be contacted at:

• Email: erin@elements4life.com.au
• Post: PO Box 3114, Belconnen BC ACT 2617

 Privacy Collection Notice

Elements4Life (E4L) ABN 68 1195 2794 7, its related entities and E4L franchised Clubs (collectively, Elements4Life) use this collection notice to set out the prescribed information in the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act).

1. E4L Privacy Policy

A complete summary of E4L’ policies relating to the privacy of your personal information is available on E4L website at www.elements4life.com.au (Privacy Policy).

The Privacy Policy explains how you may access personal information held by E4L and seek the correction of the information and how you may complain about a breach by E4L or a registered APP code (if any) that E4L is bound by and how E4L will deal with a complaint.

A printed copy of the privacy policy can be obtained free of charge by contacting E4L’ Privacy Officer.

2. E4L contact details

If you have any questions or concerns regarding E4L’ Privacy Policy or E4L’ use of your information, please contact E4L’ privacy officer at:

• Email: erin@elements4life.com.au
• Post: PO Box 3114 Belconnen BC 2617

3. How E4L collects your personal information (if collected from someone other than you)

E4L may collect your personal 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, lists, professional & trade associations, ASIC, bankruptcy or court registry searches).

4. Is the collection of your personal information required/authorised by law or a court/tribunal order?

No.

5. Why did E4L collect the personal information? 

The main purpose for which E4L collects personal information is to provide services and benefits to members and to maintain, extend and grow E4L’ membership.

E4L may use your information for:

• Processing & managing membership & franchisee applications;
• Facilitating members & casual members gym access;
• Marketing activities, research & special offers;
• Accurately identifying who is using E4L’ services;
• Communicating with members, franchisees & website visitors to E4L’ website & online enquiries;
• Profiling our members & their interests;
• Operating E4L’ business; and / or
• Transferring memberships between clubs.

6. Consequences to you if E4L does not collect all or some of your 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.

7. Sharing your personal information

E4L may use and disclose personal information for related purposes to third parties. Types of organisations to whom E4L may disclose your personal information includes:

• Government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority & 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
• E4L contracted service providers including:

* Information technology service providers;

* Planning research & development providers;

* Conference organisers;

* Marketing & communications agencies;

* Mailing houses, freight & courier services;

* Printers & distributors of marketing material;

* Debt collectors & banks;

 * Personal trainers; and

* External advisers (recruiters, auditors & lawyers).

E4L does not rent, sell or exchange your personal information to third parties without your prior approval.

8.  Does E4L disclose your personal information overseas?

E4L and E4L group entities may disclose your personal information to other third party service providers operating outside Australia who work with E4L or one of E4L’ suppliers, agents, or partners. E4L 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, E4L 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.

E4L may disclose personal information to other E4L entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognised each of these countries as providing adequate protection of personal information.

To make it easy for you to deal with E4L and other E4L entities and provide you with a more personal and consistent experience, E4L may exchange and combine personal information with other E4L entities for the purposes described in this Collection Notice.

If your personal information is collected using a document that references this Collection Notice, 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:

• E4L won’t need to take steps as are reasonable in the circumstances to ensure such third parties comply with APPs;
• If the overseas recipient handles your personal information in breach of the APPs, E4L 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, E4L will not rely on this consent when dealing with your personal information going forward.