Terms & Conditions of Use (T's & C's)
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Fitness Direct Australia’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website and alternatively contact us via email or telephone. The term ‘Fitness Direct (Aust.) Pty. Ltd.’ or ‘FDA’ or 'Fitness Direct' or 'Fitness Direct Australia' or ‘us’ or ‘we’ refers to the owner of the website whose registered postal address is PO BOX 530 Patterson Lakes, VIC. 3197. Our Australian Company Number (ACN) is 28 151 241 833. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties:
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by and or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Commonwealth of Australia
Privacy & Disclosure Policy & Private Information Collection & Handling
Fitness Direct (Aust.) Pty. Ltd. ABN 23 151 241 833 may be referred within as; (FDA, we, us, our) recognise the importance of protecting privacy and the rights of individuals in relation to their personal and company information. This document is our Privacy Policy and it sets out how we will handle your personal and business information.
What is personal information?
Under the Privacy Act 1988 (Cth) (Privacy Act), personal information is 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 a material form or not. Personal information includes information such as your name, age or contact details.
Provisions are made for the Private Sector; relative to Businesses and Corporations please refer to Section 6 (C) of the Privacy Act to see what types of Businesses are not covered and Businesses that are covered, through exemptions within the Privacy Act
What personal and business information do we collect and hold?
We may collect and may hold a variety of personal information, including the following:
- your name, gender, date of birth, residency information;
- contact details, such as your address, email address and telephone numbers;
- provided and nominated company credit card or debit details
or
- Company details, such as ABN, ACN, and ABRN;
- employment details, such as: occupation, hours of work, employee identification number, employment dates or records of your or your employer’s interactions with us and our representatives, contractors and consultants.
We may also collect information about your membership of trade associations or trade unions which are defined to be sensitive information in the Privacy Act. We will only collect sensitive information with your consent and we will only use sensitive information for providing you with relative products or services of benefit and for marketing operations of your account unless you specifically authorise us to use your sensitive information for another purpose. We will always seek your permission before using or disclosing sensitive information for any other purpose.
Links to other websites
Our websites contain links to other third party sites that may have personal information practices different to our practices.
You should consult the other sites’ privacy policies as we have no control over information that is submitted to, or collected by, these third parties.
What personal and business information are we required to collect?
We are required to collect your name, email address, contact phone numbers, business names(s) and ABN/ACN as a standard practice in order for us to conduct our day to day business activities, functions, practices, policies and procedures.
How do we collect and hold your personal or business information?
We collect your personal information directly from you and any government run public websites, unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect it in ways including:
- through your access and use of our websites or an online portal;
- during interactions between us and you and you and our representatives, including discussions through our call centres; and
- when you complete an application or other form, including surveys or promotions.
We may also collect personal information from third parties including:
- your employees;
- address-matching service providers to help us keep our records accurate
- service providers who conduct internet based surveys or run call centres; and
- your business associates and networks
Please see below for information about how we keep your personal information secure.
How do we use your personal information?
In addition to the purposes mentioned above, we collect, hold, use and disclose your personal information for the following purposes:
- certain personal information may be used to respond to your enquiries, including your requests for information;
- certain personal information may be used for the purpose of surveys, research and analytics (by us or our third party service providers) and testing potential new Products and Services; and
- certain personal information may be used to better understand and meet your Business Services needs over your business relationship with us and or for the period our organisation remains in operation.
From time to time we may also use information on a de-identified basis for planning, research and analysis so that we can operate effectively and efficiently, improve our Product and Services and so that we can participate in related development, either directly or through associations, forums or working groups that we are involved with.
Direct marketing
We, or our third party service providers, may engage in or send you direct marketing communications and information that we or our third party service providers consider may be of interest to you or your business, whether you are a current, prospective or a former client or customer. You consent to us and our third party service providers doing so. They may be undertaken in various forms, including mail, email, telephone, SMS, MMS (Multimedia Messaging Service) and fax. If you indicate a preference for a method of communication, we and our third party service providers will try to use that method wherever practical. In addition, at any time you may opt-out of receiving direct marketing communications and information from us or our third party service providers by contacting us (see the details below in ‘How to contact us’) or by using any opt-out facilities provided in the communications and information. We or our third party service provider will then endeavour to ensure that your name is removed from the relevant contact list.
To whom may we disclose your personal information?
We may disclose your personal information to third parties, including:
- Mailing and printing companies – organisations contracted to distribute our materials, including direct marketing materials in various forms;
- Archiving companies – organisations contracted to ensure that all documents are stored in a secure environment;
- Our Auditors and Legal Advisory Teams, consultants and contractors – organisations that ensure we comply with legislation and contractual obligations;
- Other Employees of your company that are cleared for disclosure purposes
- Insurance related service providers – organisations that provide business insurance cover for our clients and organisations that provide administration services related to such insurance;
- Service providers – organisations contracted to provide other consulting services, Accounts Payable and Debt Collection services.
- Marketing and communications agencies and research and analytics providers – organisations which provide survey, research, analytics and marketing and communications services relating to our Products and Services and our industry;
- Administrators and advisers – organisations contracted to undertake administration, management and advisory services and other organisations we interact with within the consulting and business services industry
- IT services – organisations maintaining our information technology systems and providing information technology services; and
- Our preferred financial services organisations and advice companies that are contracted to provide or assist members with their general and personal advice needs. We will also disclose personal information in circumstances where we are required by law to do so. Those circumstances include:
- Under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and its Rules, we may be required to provide personal information to AUSTRAC.
- If you wish to authorise another party to receive information or to undertake decisions on your businesses behalf, you must notify us in writing using the contact details provided below in the ‘How to contact us’ section.
Do we disclose your personal information outside Australia?
We may disclose personal information to entities located outside of Australia (eg. our third party service providers) or to entities who use technology located outside of Australia, for some of the purposes listed above, including:
- our data hosting and other IT service providers located in, or using technology located around the world
- other third party service providers located in, or using technology located in, India, the Philippines, the United States of America and the United Kingdom.
In turn, those entities may disclose personal information to other organisations located outside of Australia or to other organisations who use technology located outside of Australia.
We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
How can you access and correct your personal information?
You may request access to any personal information we hold about you at any time by calling us on 1300 763 767 or emailing us via our contact us page. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it.
We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge you for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal. If you believe that personal information we hold about you or your business is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.
Security and how do we keep your personal information secure?
We take reasonable steps to ensure that your personal information is protected from misuse, interference and loss and from unauthorised access, modification and disclosure. We will regularly audit access to our systems to ensure your personal information is stored and housed securely. We will also take reasonable steps to ensure that third party service providers which help us to provide you with our Services (for example, insurance companies) have privacy arrangements which are consistent with the Privacy Act.
We only keep your personal information for as long as the information is required to provide you with our Services or deal with any enquiries you may have. We will generally keep a client’s personal and business information for a period of at least seven years after they cease to be a client, and during this time we may continue to use or disclose personal information as set out in this Privacy Policy.
As our websites are linked to the internet and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you send to us online. You need to assess the potential risks when deciding whether to use our online services. If you do not wish to transmit information via our websites, there are other ways in which you can provide us with your information, such as by mail, telephone or on-site visit.
Cookies
When you access our websites, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer or mobile device. This enables us to recognise your computer and greet you each time you visit our websites without bothering you with a request to register. It also enables us to keep track of our Services you view and, with some of our websites, to improve your browsing experience by tailoring the content you see by default on those websites. We also use cookies to measure traffic patterns and to determine which areas of our websites have been visited. Our cookies do not collect personal information although if you are a client, cookies sent to your computer from some of our websites may store your encrypted client number if applicable. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.
When you browse our websites, our service provider logs the following information for statistical purposes:
- your server address;
- your top level domain name (for example .com, .gov, .au, etc.);
- the date and time of your website visit;
- the pages you have looked at;
- the documents you have downloaded;
- the previous site you have visited; and
- the type of browser you are using.
We will not try to identify you or your browsing activities. However, we may do so in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider’s logs, or to view your browsing activities on some of our websites that send cookies storing your encrypted client number to your computer.
We will only record your email address if you send us a message, if you choose to provide it to us, or if a third party provides it to us indicating that you may be interested in our Services. We will not add it to our contact list, nor continue to include it in a contact list, if you ask us or our third party service providers not to contact you.
Making a complaint
For any complaints about a possible breach of privacy, please contact our Privacy Officer in one of the ways set out in the ‘How to contact us’ section below.
We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. Our Privacy Officer deals with privacy complaints. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you request as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process.
After we have completed the enquiries, we will contact you to advise the outcome and invite a response to that outcome. If we receive a response from you, we will assess it and advise if we have changed our view. If you are unsatisfied with the resolution of any complaints made to us, you can refer the matter to the Australian Information Commissioner.
The contact details for the Office of the Australian Information Commissioner are as follows:
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
How to contact us
For further information on how we handle personal information, or to complain about a possible breach of privacy, you can contact our Privacy Officer in one of the following ways:
By phone on: 1300 763 767
By e-mail at: admin@fitnessdirectaust.com.au
Write to:
Privacy Officer
Fitness Direct (Aust.) Pty. Ltd.
PO BOX 530
Patterson Lakes, VIC. 3197
Changes to our Privacy Policy
We endeavour to continually improve our standard of service, so from time to time we may update this Privacy Policy. Any personal and business information we hold will be governed by the most current version of our Privacy Policy
This Privacy Policy was last updated in July 2015, next review date will be July 2016
Our Privacy Collection Statement
We may collect personal and business information from you. We may also collect your personal information from your employees, other directors or senior representatives of your business, address-matching service providers, service providers who conduct internet based surveys or run call centres and business associates and networks.
We are required to collect your name, business name, addresses, ABN, ACN, and other verification information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
We collect, hold, use and disclose your personal and business information to:
- establish and operate your client account
- process payments and outstanding invoices related to your account
- correspond with you regarding your account
- provide you with other services, and products, including business insurance or other products
- respond to your enquiries and requests for information
- conduct surveys, research and analytic
- test our potential new services
- understand and meet your business needs over our service and or yours and our operational periods.
If we cannot collect your personal and business information we may be unable to provide you with our Services (or information about them) or we may be unable to tailor the content of our websites and services to your preferences or to give you more relevant content.
We may disclose your personal information to third parties, including:
- mailing and printing companies
- archiving companies
- auditors and legal advisers
- other authorised, cleared and approved employees
- insurers
- service providers, including debt collection services and address matching services
- marketing and communications agencies
- research and analytics providers
- administrators and advisers
- IT services
- our preferred financial services organisations and advice companies.
We may disclose personal information to entities located overseas, including India, the Philippines, the United States of America and the United Kingdom.
Our Privacy Policy contains information about how you may access and correct the personal information that we hold about you and how to lodge a complaint relating to our treatment of your personal information, and how we will deal with the complaint. Our Privacy Policy is available at www.fitnessdirectaust.com.au or by contacting us.
How to contact us
You may contact us by or our Administrators (Impact Business Consulting Services Pty. Ltd.) on 1300 763 767, by email at admin@fitnessdirectaust.com.au, or by writing to;
Privacy Officer
Fitness Direct (Aust.) Pty. Ltd.
PO BOX 530
Patterson Lakes VIC. 3197
Disclaimer
This website is provided by Fitness Direct (Aust.) Pty. Ltd. ABN: 28 151 241 833. It may contain general advice that has been prepared without taking account of your, your business or company objectives, financial situation or needs. Before acting on the information or deciding whether to acquire, hold a product or engage a service, consider its appropriateness and the relevant Product & Services Disclosure Statement (PSDS) which may be available on this website or by contacting us directly via email or phone.
Spam Act 2003
As a company we aim and endeavour to adhere to the following Spam Act of 2003 Additional information from the ACMA can be found here
Product & Service Disclosure Statement (PSDS)
Please determine prior if the products and services offered and delivered by Fitness Direct (Aust.) Pty. Ltd. are suitable to assist with your business’ activities and operations. We are happy to offer services to aid with helping reach decisions to engage our services, including; Auditing, Appraisals, Assessments, Reviews and other forms of measurements to determine our service appropriateness, alternatively other business advisors and consultants may assist with forming decisions to engage us; including Tax Agents and Business Advisors.
We do not make any guarantees or warranties, or provide any promises of financial gain. We will however provide business enhancement services, systems and solutions that will be clearly performance measured to provide services of high quality and value that will be of clear benefit to your business(s).
Frequently Asked Questions (FAQ)
We aim to cover the most frequently asked questions by our current and prospective clients. Here we will list the top five (5) most frequently asked questions. If you are a current or prospective client and would like to have a relative question addressed, then please contact us via email admin@fitnessdirectaust.com.au or call our office administrator on 1300 763 767
Current Most Asked Questions:
1 What qualifications do your Trainers and Presenters have?
Answer:All our sourced Presenters, Consultants and Trainers are fully recruited and checked. Qualifications are verified along with previous employer and client reference checks. Additionally we ensure that all our contractors, consultants, agents, representatives and staff have a minimum of 5 years relevant industry experience.
2 What countries are you able to extend services to?
Answer:As our Network and operations currently extends across all Australian States and Territories. We have some of our Brands registered for later use in other countries.
3 Can your company offer short term Consultants or Health Club staff solutions for set periods of time?
Answer:We are able to fulfill all the needs of your business by sourcing and contracting any required number of consultants and specialists to fulfill your businesses needs for whatever engagement period is required. Our team is also there to mentor your staff and the relevant departments whilst they are engaged with your business.
4 What experience do your consultants have?
Answer:All our sourced consultants that work directly with health clubs must have held previous relevant positions to their placement area, furthermore our direct sales team are all trained prior in our “Selling Fitness” – Direct Sales Modules prior to working with your brand
5 Can your company manage tax and payroll affairs?
Answer:Yes, We also offer access to specialist tax consultants and offer services that can offer your company its’ own dedicated payroll function, including meeting all taxation and super obligations along with operating an Accounts Payable and Accounts Receivable for your business’ financial operational requirements
Next Review Date: July 2016
To book any of our services and to discuss service availability schedules, then please get in touch with us via our contact us page.
Thank you
Fitness Direct Team