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).
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:
Typical situations when Big John Fitness will collect personal information from you, is if you:
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 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:
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.
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:
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
Big John Fitness will respond to your request, complaint or inquiry within a reasonable period.
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:
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.
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.
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.
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.
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.
We may from time to time provide interactive services on our site, including, without limitation:
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.
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 not:
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):
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.
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.
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: