Our Privacy Policy

Big John Fitness Pty Ltd (JD INSERT ABN) (Big John Fitness, we, our or us) appreciates the importance of protecting your personal information and recognises the trust placed in us when you supply your personal information to us.

Big John Fitness will control the collection, security, quality, use and disclosure of personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act).

This Privacy Policy explains in general terms how Big John Fitness protects the privacy of your personal information under the Australian Privacy Principles.


Definition of personal information

The expression 'personal information' is defined in the Privacy Acts as information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Collection and use of personal information

The kinds of personal information that we collect and hold about you depends on the transactions you undertake with us.

The kinds of information that we collect and hold may include:

  • name
  • contact details (i.e. contact address(es), contact number(s), email address)
  • date of birth
  • language(s) spoken
  • gender
  • Aboriginal and/or Torres Strait Islander origin
  • Insurance details (e.g. type of insurance and expiration date)
  • qualification details (e.g. Certificate III in Fitness)
  • First Aid/CPR certificate details (including expiration dates)
  • registration categories (e.g. Personal Trainer, Gym Instructor)
  • prior experience as a qualified professional
  • employment details (i.e. current place of employment, work as a sole trader or individual)
  • education provider details (i.e. registered training organisation, university or TAFE, and how qualification training was delivered)
  • financial information (e.g. whether working in the fitness industry is your primary source of income)
  • professional interest/practice areas/settings
  • business type and services
  • credit card details
  • information about obtaining continuing education credits
  • other information relevant to the fitness profession that may be of interest to Big John Fitness
  • your internet service provider, computer or mobile device when use of our website or mobile app and you have enabled 'cookies', 'web beacons' and/or other technologies


Typical situations when Big John Fitness will collect personal information from you, is if you:

  • apply to join Big John Fitness as a client or member of any Big John Fitness promotions
  • register with us for continuing professional development activities
  • subscribe to our newsletters, magazines or other publications
  • register or renew through the website
  • register for an event
  • purchase a product
  • use our website or mobile app


How Big John Fitness collects personal information


As far as possible, Big John Fitness will collect your personal information directly from you unless it is unreasonable or impracticable to do so.  If Big John Fitness collects information about you from someone else, Big John Fitness will, whenever reasonably possible, make you aware that Big John Fitness has done this and circumstances of that collection.

In particular, Big John Fitness will collect personal information about you in the following circumstances:


Collection from third parties:

Big John Fitness will collect personal information from external service provider to whom Big John Fitness has contracted out for specific purposes.  Big John Fitness will also collect personal information from third parties who offer products and services to Big John Fitness members, clients or registrants.


Collection from use of website or mobile app:

If you use our website or mobile app, we may utilise 'cookies' and any other technologies, which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website / mobile app.  A cookie or similar technology does not identify you personally but may identify your internet service provider, computer or mobile device.  You can set your browser or mobile device to notify you when you receive a cookie or web beacon and this will provide you with an opportunity to either accept or reject it in each instance.

Generally, the purpose of collection and holding personal information, and the minimum information you need to provide, will be conveyed to you at the time of collection.

If we collect sensitive information about you, we will only do so with your consent, unless consent is not required by law.  Sensitive information is defined in the Privacy Act and includes information about your membership in a professional association such as Big John Fitness, health information and race origin.

You do not need to identify yourself when you deal with us (e.g. enquiring about membership or registration) but there are certain situations where we will only deal with individuals who identify themselves (e.g. providing fitness services).  However, if you choose not to provide the personal information requested, we may not be able to provide you with the products/services you require.


Unsolicited personal information:

If we receive unsolicited personal information about you, we will, within a reasonable period after receiving the information, determine whether or not we could have collected the information under the privacy laws if we had solicited the information. If we could have collected the personal information, we will ensure that this Privacy Policy is complied with in relation to that information and will notify you:

  • that the unsolicited personal information has been collected;
  • the circumstances of that collection; and
  • refer you to this Privacy Policy.

If we could not have collected the personal information had we solicited it, we will destroy the information or ensure it is de-identified as soon as practicable.

Purpose of collection, storage, use and disclosure of personal information

The purposes of collecting, storing, using and disclosing your personal information may be to:

  • verify your identity
  • fulfil our functions as the peak body of the fitness industry
  • provide the products and services you have requested
  • administer and manage service offerings, including charging, billing and collecting debts
  • research and development of Fitness Australia's products and services
  • maintain registration and membership records
  • gain an understanding of your information and communication needs to provide you with a better service
  • provide access to information about current and future services and benefits
  • conduct research surveys and consultation to identify and analyse the ongoing needs of members and the industry
  • provide Fitness Australia partners with information so that they may contact you in relation to their products and services
  • handle complaints about members or registrants
  • handle and conduct disciplinary proceedings on members
  • inform the public of your membership or registration status
  • publish a Register of Exercise Professionals, Business Directory and Industry Directories (which are explained further below)
  • tell you about products and services that may be of interest to you


Direct marketing:

We may use or disclose your personal information for the purpose of direct marketing.  That is, to promote our products or services or those of third parties.

You expressly consent to the use or disclosure of your personal information for direct marketing purposes.  You also expressly consent for Big John Fitness to disclose your personal information to our business partners or other third party providers to facilitate their sending direct marketing communications to you.

You may ask us to identify the source of the personal information that we use or disclose for direct marketing purposes.  You can do this at any time by contacting us via the details set out at the end of this Privacy Policy.

If at any time you do not wish to receive any further direct marketing communications whether from us or from third parties, you can ask us not to send you any further direct marketing communications and not to disclose your personal information to third parties for that purpose. You can do this at any time by using the “unsubscribe” facility included in a prominent statement in the direct marketing communications or by contacting us via the details set out at the end of this Privacy Policy.


Disclosure of personal information to third parties

In addition for the direct marketing purposes referred to above, we may disclose your personal information to third parties, which may include:

  • external service providers to whom we have contracted out functions, such as printers, mailing houses, advertising agencies, but only for the purpose of providing the service we have contracted out
  • our business partners that provide products and/or services to our members and/or registrants
  • government and regulatory authorities and other organisations, as required or authorised by law
  • our professional advisors
  • our related companies
  • other professional bodies


In these situations, Big John Fitness prohibits the third party contractors from using personal information about you except for the specific purpose for which Big John Fitness supply it.  We will not disclose your personal information to business partners as described in this section above, if you advise us that you do not wish us to. Please refer to our contact details set out below.

Other than the above, Big John Fitness will not disclose your personal information without your consent unless disclosure is either necessary to lessen or prevent a serious threat to the life, health or safety, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity or serious misconduct.

Disclosure and use of personal information for the Register, Business Directory and Industry



If you wish to gain access or seek correction to your personal information, have complaints about a breach of the Australian Privacy Principles (APP) or a registered APP code (if any) that binds Big John Fitness, or you have any questions or concerns on how your personal information is handled, please address the issues to:


Big John Fitness Pty Ltd

e. bigjohnfit@outlook.com


Big John Fitness will respond to your request, complaint or inquiry within a reasonable period.


Changes to our Privacy Policy:

Big John Fitness may amend this Privacy Policy as our business requirements or the law changes.

For more information about privacy issues in Australia and protecting your privacy, visit the Office of Australian Information Commissioner's website on www.privacy.gov.au




TERMS & CONDITIONS PAGE:


The material on the Big John Fitness Pty Ltd (JD Insert ABN) ('Big John Fitness') Website, under the domain name 'www.bigjohnfitness.com.au' (collectively 'Website') resides on a server in the state of Queensland, Australia. This Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.

If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

Website content and access

While Big John Fitness endeavours to take reasonable care in preparing and maintaining the information on the Big John Fitness website we do not warrant the accuracy, reliability, adequacy or completeness of any of the Big John Fitness Website content. You acknowledge and accept that the Big John Fitness Website content may include technical inaccuracies and typographical errors. The Big John Fitness Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, Big John Fitness disclaims all liability for loss directly or indirectly arising from your use of or reliance on the Big John Fitness Website and the content within it.

Big John Fitness does not guarantee that access to the Big John Fitness Website will be uninterrupted or that it is free from viruses or anything else which may damage any computer which accesses the Big John Fitness Website or any data on such a computer.

Security

You responsible for maintaining the confidentiality of any passwords used by you to access the Big John Fitness Website, and must not disclose such passwords to any unauthorised third parties.

Big John Fitness has no obligation to monitor the Big John Fitness Website or its use, but may do so in its discretion. Big John Fitness has the right to monitor use of the Big John Fitness Website and to disclose any information arising out of it, including without limitation and contribution to the extent necessary to satisfy any law, regulation, or demand of government or of internal auditors or to protect Big John Fitness or its students/partners. Big John Fitness can, but is not obliged to, remove or refuse to post any materials that it finds, at its sole discretion, to be offensive, undesirable, in violation of the Terms of Use, or otherwise unacceptable.

Links to other websites

The Big John Fitness Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Big John Fitness does not control, endorse, sponsor or approve any such third party websites or their content nor does Big John Fitness provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Acceptable use

You must not use the Big John Fitness Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Big John Fitness Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Big John Fitness Website without Big John Fitness’s express written consent.

You must not use the Big John Fitness Website to transmit or send unsolicited commercial communications or use the Big John Fitness Website for any purposes related to marketing without Big John Fitness’s express written consent.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Blogs.
  • Chat rooms.
  • Bulletin boards.
  • Any other interactive features we choose to add in the future

(“interactive services”).

Where we do provide any interactive service, we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.


Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in Australia and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Limitations of liability

To the maximum extent permitted by applicable law Big John Fitness excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Materials and the use or performance of the Big John Fitness website.

Without limiting the preceding paragraph, to the full extent permitted by applicable law, Big John Fitness's liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by Big John Fitness, including the consumer guarantees set out in the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at Big John Fitness’s option):

  • in the case of goods, including any facility or service on the Big John Fitness Website (to the extent this considered a “good” under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to the “consumer”; or
  • in the case of services – supplying the services again or re-paying the fee for the Services rendered.

To the extent permitted by law, your sole and exclusive remedy, if it is dissatisfied with the Big John Fitness Website or with any terms, conditions, rules, policies, guidelines, or practices of Big John Fitness is to discontinue using the Big John Fitness Website and/or its services.

Intellectual property

The Materials displayed on the Big John Fitness Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Big John Fitness and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Big John Fitness.

Save for the above, and unless expressly granted, Big John Fitness does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Big John Fitness website or in the user interface of the Big John Fitness website.

Except where necessary for viewing the Material on the Big John Fitness Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on the Big John Fitness Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of the Big John Fitness.


Information and Supply

Material on the Big John Fitness Website may contain general information about Big John Fitness’s products, courses and services. Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract; and
  • does not form part of the terms and conditions for Big John Fitness‘s products and services.

For further information about a particular product, course or service please submit an enquiry online or email us directly at bigjohnfit@outlook.com.


Links to the Big John Fitness website

Please contact Big John Fitness at bigjohnfit@outlook.com if you would like to place a link to any part of the Big John Fitness website.


Acceptance and changes to terms of use

You acknowledge and accept that your use of the Big John Fitness website indicates your acceptance of these terms of use and the privacy policy. We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in the Terms of Use may also be superseded by provisions or notices published elsewhere on our site.

Big John Fitness reserves any rights not expressly granted in these terms of use.