This document sets out the policy of Jetts Fitness Pty Ltd ACN 123 921 326, its related companies and Jetts franchised Clubs (collectively, Jetts
Jetts is committed to protecting the privacy of the personal information it collects and receives. Jetts is bound by the Australian Privacy Principles (APP
) contained in the Privacy Act 1988 (Cth) (Act
- the kinds of personal information Jetts collects & holds;
- how Jetts collects and holds your personal information;
- why Jetts collects, holds, uses and discloses your personal information;
- how you may access and seek the correction of your personal information as held by Jetts;
- how you may complain about a breach of the APPs or a registered APP code (if any) that Jetts are bound by, and how Jetts will deal with such a complaint; and
- if Jetts 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 Jetts website www.jetts.nl
2. Your Personal Information
Jetts only collects personal information (being information that identifies or could reasonably identify an individual) where Jetts considers it to be reasonably necessary for Jetts’ functions and activities.
Jetts 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 Jetts’ services;
- communicating with members, franchisees & website visitors to Jetts’ website and online enquiries;
- profiling our members & their interests;
- operating Jetts’ business; and / or
- transferring memberships between clubs as per Jetts transfer policy.
The types of information Jetts 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 Jetts policy to only collect your sensitive information where it is reasonably necessary for Jetts functions or activities and either you have consented or Jetts are required or authorised under law to do so.
4. How Jetts collects your personal information
Jetts will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.
Jetts 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 Jetts 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 Jetts’ security surveillance cameras.
Jetts 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 Jetts receives that Jetts has taken no active steps to collect (such as a job application sent to Jetts by an individual on their own initiative, rather than in response to an advertisement).
Jetts may keep records of unsolicited personal information if the information is reasonably necessary for one or more of Jetts’ functions or activities. If not, it is Jetts’ 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 Jetts collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Jetts’ membership.
Jetts collects information to service its members. Jetts can use your information to:
- process applications for memberships, franchisees & prospective franchisees;
- understand Jetts’ members’ needs and requirements;
- manage & run Jetts website & social media platforms;
- providing you with information about Jetts services;
- delivering or enhancing Jetts’ products and services;
- help Jetts maximise the benefits provided to members;
- any other purpose directly related to Jetts’ business and for which you have provided consent (where it is reasonably required by law).
Jetts’ 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. Jetts will collect data relating to any transactions you carry out through Jetts’ website and the fulfilment of your order.
Jetts may also use your data to monitor for any unauthorised use of Jetts’ website, content or subscriptions to Jetts’ services.
7. Purpose of collection
If Jetts collects personal information for a purpose (the primary purpose), Jetts 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 Jetts 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 Jetts’ use or disclosure of the information;
- a permitted health situation exists in relation to use or disclosure of the information; or
- Jetts 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 Jetts uses or discloses your information because Jetts 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, Jetts 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
Jetts may use and disclose personal information for related purposes to third parties. Types of organisations to whom Jetts 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
- Jetts’ 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).
Jetts does not rent, sell or exchange your personal information to third parties without your prior approval.
10. Government Identifiers
Jetts does not adopt, use or disclose government related identifiers (such as a Medicare number or licence number) as Jetts’ 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 Jetts’ obligations; or
- Jetts reasonably believes it is reasonably necessary for one or more enforcement related activities.
To improve Jetts’ services, Jetts sometimes collects de-identified information from web users. The information collected does not identify an individual but does help Jetts to analyse and improve its web services.
When you visit Jetts’ 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.
Jetts 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 Jetts does not operate or control are provided for your convenience. Jetts is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Jetts encourages you to read before supplying any personal information to them.
13. Direct Marketing
If Jetts holds your information, Jetts may use or disclose that information (other than sensitive information) for direct marketing if:
- Jetts collected the information from you; and
- you would reasonably expect Jetts to use or disclose the information for that purpose; and
- Jetts provided you with a simple way to opt out of receiving direct marketing from Jetts; and
- you have not made such an opt out request to Jetts.
Jetts may also use or disclose your information (other than sensitive information) for direct marketing if:
- Jetts collected the information from you and you would not reasonably expect Jetts to use or disclose the information for that purpose or someone other than you; and
- you have consented to the use or disclosure of the information for that purpose; or
- it is impracticable to obtain that consent; and
- Jetts provided you with a simple way to opt out of receiving direct marketing from Jetts; and
- in each direct marketing communication with you:
- Jetts includes a prominent statement that you can request to opt out; or
- Jetts otherwise draw your attention to the fact that you can request to opt out; and
- you have not made such a request to Jetts.
Jetts 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.
Jetts may also use or disclose your personal information for direct marketing if:
- Jetts are a contracted service provider for a Commonwealth contract; and
- Jetts 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 Jetts has collected the personal information that Jetts used to send you direct marketing material from a third party, you can ask Jetts to notify you of its source of information. It is Jetts’ policy is to do so unless it is unreasonable or impracticable.
14. How to opt out of direct marketing
If Jetts uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Jetts.
If Jetts uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Jetts does not use or disclose your information for this purpose.
Jetts will give effect to your request not to receive direct marketing from Jetts or an entity facilitated by Jetts 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, Jetts will take reasonable steps to notify you or to otherwise ensure that you are aware of:
Jetts will generally include these matters in a collection notice. For example, where personal information is collected on a paper or website form, Jetts will include a collection notice, or a clear link to it, on the form or a separate follow up communication.
16. Protecting your personal information
Jetts stores information in different ways, including paper and electronic form. Jetts 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 Jetts’ systems;
- servers kept at a secure location with limited access;
- document storage security requirements;
- granting access only to verified individuals;
- access controls for Jetts’ buildings;
- limited the provision of personal information to third parties and subject to guarantees about use; and
- training staff to deal with the information.
Jetts cannot guarantee that personal information will be protected against unauthorized access or misuse and Jetts does not accept any liability for the improper actions of unauthorised third parties.
Jetts will retain your personal information for as long as necessary to fulfil Jetts’ obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Jetts collects your personal information.
Once Jetts is no longer required to retain your personal information, Jetts 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
Jetts and Jetts group entities may disclose your personal information to other third party service providers operating outside Australia who work with Jetts or one of Jetts’ suppliers, agents, or partners. Jetts 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, Jetts 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.
Personal information may be disclosed by Jetts to other Jetts 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.
You acknowledge and understand that by providing such consent:
- Jetts 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:
- Jetts 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, Jetts will not rely on this consent when dealing with your personal information going forward.
You have the option of not identifying yourself or using a pseudonym when dealing with Jetts provided that is it lawful and practicable.
Jetts will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
- Jetts is required/authorised by law or court/tribunal order to deal with identified individuals; or
- it is impracticable for Jetts to deal with individuals who have not identified themselves.
It is Jetts’ policy to enable you to access Jetts’ website and make general phone queries without having to identify yourself and to enable you to respond to Jetts’ surveys anonymously.
In some cases however, if you don’t provide Jetts with your personal information when requested, Jetts may not be able to respond to your request or provide you with service. For example, you must identify yourself to become a Jetts member or franchisee.
19. Accessing to your personal information
You have the right, upon request, to access any of Jetts’ records containing your personal information.
To request access to your personal information please contact the Privacy Officer.
Jetts 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, Jetts will give you access to the information requested.
If Jetts refuses your request to access personal information, Jetts 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 Jetts’ 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, Jetts will require you to provide some form of identification (such as a driver’s licence or passport) so Jetts can verify that you are the person to whom the information relates.
20. Help Jetts keep your personal information accurate
Jetts will take reasonable steps to ensure Jetts’ 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 Jetts all the personal information Jetts may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Jetts provide may be affected.
If you think there is something wrong with the information Jetts holds about you please contact the Privacy Officer to:
- let Jetts know if there are any errors; and
- keep Jetts up-to-date with any changes,
and Jetts will try to correct your personal information.
Jetts will respond to your request to correct your personal information free of charge and in a reasonable period of time. If Jetts refuses your request, Jetts will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.
If Jetts refuses to correct your personal information, you may request that Jetts associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Jetts will take reasonable steps to make the statement visible to users of your personal information.
If Jetts does correct your personal information and Jetts has previously disclosed your personal information to a third party, upon your request, Jetts 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
Jetts will not send you any commercial electronic messages unless it is permitted by the Spam Act (e.g., Jetts has your express/inferred consent). Any commercial electronic message that Jetts sends will identify Jetts as the sender and will include relevant contact details and an unsubscribe facility. If you do not wish to receive commercial electronic messages from Jetts, please contact the Privacy Officer.
Jetts 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 Jetts 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 Jetts or if you’re concerned about how Jetts 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.
24. Jetts privacy officer
Jetts’ privacy officer can be contacted at:
- Email: [email protected]
- Telephone: 07 5458 5300 / Fax: 07 5458 5399
- Post: PO Box 1295, Mooloolaba QLD 4557