Privacy Policy & Collection Statement

Introduction

This Privacy Policy is the official privacy policy of Kinetex Fitness Pty Ltd (“Temple Fitness”). It applies to all personal information collected by Temple Fitness, including via www.templefitness.com.au and any related Kinetex Fitness or Temple Fitness website, social media page, an internal website (each a Website); any Temple Fitness mobile or tablet application (each an Application); and from an individual via any other means, including physically or electronically (together, the Collection Channels).

This policy explains how and why we collect your personal information, how we use it and disclose it, and what controls you have over our use of it. We appreciate that you may have expectations about how your personal information is collected, used and shared. We assure you that we will always handle your personal data securely and carefully. Among other things, we comply with all applicable Australian privacy laws, including the Australian Privacy Principles.

In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain Collection Channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. If there is any inconsistency between this Privacy Policy and those other specific and additional terms, the specific and additional provisions will apply.

Anonymity and Pseudonymity

You have the option of dealing with Temple Fitness anonymously. However, this only applies where it is practicable for Temple Fitness to deal with you acting anonymously or under a pseudonym, such as a general enquiry.

Collection of Information

Throughout this privacy policy, we refer to “personal information”, which means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is accurate or not and whether the information or opinion is recorded in a material form or not. Your first and last name, date of birth, gender, home address, contact telephone number, mobile telephone number, email address and employment details are examples of information that may constitute personal information. Personal information may also include information we may collect about your individual preferences.

Some information provided to us by customers, contractors and other third parties might be considered personal information. We will only collect such personal information if it is necessary for one of our functions or activities. The kinds of personal information that Temple Fitness collects are set out below.

Information that you provide to us

We collect personal information directly from you when you become a member or visitor when you make a purchase, register for an account or enter a competition or promotion. This may include:
your name;

your contact details, including your email address, delivery address, phone number and social media handles;
more detailed contact preferences;
information regarding your experiences with our products and services;
employment and company information such as the business name of your employer; and
financial information, including credit card and payment details.

Temple Fitness uses financial information collected via the Website to bill you for products and services. Any financial information collected is for the purpose of transaction approval and funds transfer. The financial information we collect from you is kept securely and held on secure servers in controlled facilities.

Information that we collect from your use of our Websites and Application

When you use a Website or Application, we may also collect personal information about you in the following general categories:

Location information: if you permit a Website or Application to access location services through the permission system in your mobile device, we may collect the precise location of your device.
Transaction information: we collect your transaction details when you place an order, including the products you have ordered, the date and time of your order and the amount charged.
Usage and preferences: We collect information about how you interact with our Websites or Applications, including the pages you visit, your preferences and the settings you choose. We may do this through the use of cookies and other similar technologies that uniquely identify you.
Device information: We may collect information about your devices such as the hardware model, operating system, preferred language, unique device identifier and mobile network.
Other information: We may also collect and log information such as your IP address, access dates and times, browser type, and pages visited when interacting with a Website or Application.

Information that we collect from third parties

In addition to the information listed above, in some cases, we may collect personal information about you from legitimate third party sources, including social media sites and list brokers and other data providers that share data in circumstances where it is lawful and/, or they have your permission to do so. This may include:

When you choose to create an account or register for a product or service via a Website or Application using a social media platform such as Facebook;
When a third party has your consent to disclose your personal information to us, such as when you enter a competition or promotion administered by a third party on our behalf;
When it is otherwise lawful for a third party to disclose your personal information to us, such as when we access purchasing information through our business partners or are provided data by a list broker.

The information we collect about our customers from our Related Companies may include information collected in the course of transactions with those Related Companies or interactions with them on their websites or apps (including browsing history). We use this information to personalise website appearance and direct marketing and for data processing, data analysis and matching, market research and trend analysis, as well as to improve product and service offerings, and develop aggregated insights about the preferences of our customers or for other purposes where you have provided consent to us.

We may also collect from (and share with) Related Companies:

de-identified data for data analysis purposes, and
inferred information and characteristics as a result of undertaking data analysis.

How Temple Fitness collects, uses and discloses personal information

At or before the time the personal information is collected by us from you via a particular Collection Channel, we will take reasonable steps to provide you with a collection statement to ensure that you are made aware of who we are, the fact that you can gain access to the information held about you, the purpose of the collection, the type(s) of organisations to which we usually disclose the information collected about you, any laws requiring the collection of the information and the main consequences for you if all or part of the information is not collected.

Active information collection

In particular, Temple Fitness will collect your personal information from you in the following situations:

If you contact Temple Fitness, we may keep a record of that correspondence;
When you participate in any offers, promotions or marketing activities.
When you apply for and/or establish and/or access an account or order a product;
When you conduct certain types of transactions such as cheque purchases or refunds;
When you submit your email address via a Website or Application or provide us with personal information via any medium, including a Website or Application;
When you place an order via a Website or Application to purchase goods, in which case we may require you to provide us with contact information including your name, address, telephone number or email address and financial information (such as credit card details);
When you interact with a Website or Application for a specific purpose; and
When you use or browse a Website or Application generally.

Cookies and Passive Information Collection

As you navigate through our Websites and access our Applications, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, and clickstream data). For example, we may collect information about matters including but not limited to the date, time and duration of visits and which pages of a Website or Application are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website or Application is accessed via links in an email or another electronic message we have sent or where we can uniquely identify the device or user accessing a Website or Application, such as when you are logged into an account. In some instances, the information we collect may include information about products you have viewed, added to cart and/or purchased, and your searches and search history on our Website and apps.

We may combine your anonymous or personal visitor session information or other information collected through tracking technologies with additional personal information collected from you from time to time via our Collection Channels to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website or Application via links in an email we have sent and/or by accessing a Website or Application where you have identified yourself, you consent to the collection of such information where it is personal information.

Our Related Companies and we may combine this information collected through tags or cookies with similar information from Related Company websites and apps to undertake data analytics and matching, to personalise websites and (where you have consented to receive offers or direct marketing) to offer products or provide services to you or send direct marketing to you.

Platform and Browser Permissions

You can set your browser to accept all cookies, reject all cookies, or notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, please search for “cookie” in the “Help” portion of your browser.

Mobile platforms such as iOS and Android generally define certain types of information or data that applications cannot access without your consent. Each platform has its own permissions system for obtaining your consent. For example, the iOS platform generally alerts you the first time a Temple Fitness Application wants permission to access certain types of data, such as location services, and will let you choose whether or not to consent to that request. Android devices will generally notify you of the permissions that a Temple Fitness Application seeks before you first use the Application, and your use of the Application constitutes your consent. For iOS devices, you can generally manage your platform level permissions via the Settings section on your device. For Android devices, you can generally manage your platform level permissions.

Use of information collected and disclosure of personal information to others

We collect such personal information to provide you with an excellent service. We also need this information to deliver products and services to you, complete transactions on your behalf, and better understand your requirements and preferences. Personal information collected will be used for the following primary purposes:

For the purposes stated in a collection statement or on a particular Collection Channel;
To maintain the functionality of a Website, including the provision of information to you relating to the content available on the Website and e-commerce transactions conducted via the Website;
For testing purposes;
To fulfil obligations in respect of any upload terms of use, sale and purchase contract and/or any other contract between you and Temple Fitness;
To send you any technical, administrative or legal notices important to our Businesses, Websites or Applications;
To provide you with information about your transactions (including uploading of, access to, and receipt of, content on a Website or Application and purchase transactions undertaken on a Website or Application) and about content, services and products;
To provide marketing materials (including direct marketing), events, special offers, competitions and promotions via any medium including mail, telephone, email, SMS or any other form of electronic, emerging, digital or conventional communications channel;
To maintain our relationship with you;
To respond to enquiries;
To manage your employment with Temple Fitness;
To obtain opinions or comments about products and/or services and to conduct other market research and development (including to record statistical data for marketing analysis);
to enter you into and administer promotions;
to combine with additional personal information we hold about you and to assess which of our products and services are most likely to be of interest to you;
for data processing, data analysis and matching, market research and trend analysis purposes;
to assist with product recalls;
to provide you with relevant advertising materials when you browse our Websites or third party websites;
to provide, maintain and improve our products and services;
to personalise a Website or Application based on your preferences;
to share with trusted third parties, including professional service providers and promotional partners and other trusted third parties in the manner described in this Privacy Policy;
in the case of inferred characteristics produced through data analysis, for improving products and service offerings to share with your social media communities, to the extent allowed by you; and
for other purposes where you have provided consent to us.

For the purposes described above, your personal information may be shared with our group companies, promotional partners, and other trusted third parties either in Australia or overseas, including the United States of America, UK, Singapore, and Japan.

Failure to provide personal information may result in Temple Fitness being unable to provide you with the products or services requested by you, provide you with certain content, information, upcoming promotion, event or product information and/or accept promotion entries (where applicable).

In order to operate a Website or Application or deliver a product or service (including, for example, processing of credit card payments), personal information may also be shared with our group companies, selected service providers and/or other trusted third parties. Our Related Companies, selected service providers and/or other trusted third parties may be engaged to perform various functions, such as data storage, fulfilling orders, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our Websites. If needed, these companies may have access to personal information to perform such functions. However, except as otherwise set out in this Privacy Policy, these companies may only use such personal information to perform that function. They may not use it for any other purpose.

We may use or disclose personal information held about an individual for the primary purpose for which it is collected – that is, to carry on our business and provide services to our customers. We may also use such information for a purpose related to the primary purpose of collection and where you would reasonably expect that we would use the information in such a way (e.g. major delivery companies, mail houses and third-party fulfilment contractors). This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified to you at the time of collection of the information or with your permission.

In addition, we are permitted to use or disclose personal information held about you:

Where you have consented to the use or disclosure;
Where we reasonably believe that the use or disclosure is necessary to lessen or prevent a severe and immediate threat to someone’s health or safety or the public’s health or safety;
Where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
Where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
To our Related Companies, each of whom may use that information to undertake data analytics and matching to enable them to understand your requirements and preferences better, and (if you interact with that business) to personalise and improve their offer to you and to offer products or to provide services to you or send direct marketing to you (where you have consented to receive direct marketing) as well as for market research and trend analysis and to improve product and service offerings, develop aggregated insights about the preferences of their customers or for other purposes where you have provided consent to them;
Where we reasonably believe that the use or disclosure is necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body; and
Where you have requested a service (e.g. on-site training), we are required to disclose the information to a third party to facilitate the provision of the service. There are some specific products and services we offer, and we share your information as follows:

Sensitive Information

Temple Fitness will only collect sensitive information with your consent. Where you provide us with sensitive information (such as information about your health) via any means, we will only use this information to serve your particular needs.

Children

Personal information will not be collected by any person who Temple Fitness knows to be under the age of eighteen (18) without the consent of a parent or legal guardian. Persons under age eighteen (18) may only provide personal information with the involvement and consent of a parent or legal guardian.

Direct Marketing

Temple Fitness and our promotional partners or trusted third parties either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information collected to contact you in respect of the primary purposes for collection of personal information as stated above.

Temple Fitness does not send advertising or marketing information unless we have your express or inferred consent in accordance with Australian laws. If you receive direct marketing communications from us that you do not wish to receive, you may remove your name from the database either by utilising the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting us via the contact details in this Privacy Policy. Please allow 30 days for this request to be processed. Direct marketing includes Temple Fitness:
sending communications to you and/or contacting you directly as set out above;

personalising the layout of our Website and apps to display products and services of interest to you; and
providing targeted advertising content to you (including through third party websites).

Despite removing your name from the database from receiving future advertising and marketing information, we may send you non-commercial “Administrative Emails”. Administrative Emails relate to your user account and may include administrative and transaction confirmations, requests, inquiries, or information about a particular user account. If you do not wish to receive such communications, you may remove your name from the database using the functional unsubscribe facility. In addition, Temple Fitness and our Related Companies disclose personal information to, and collect personal information from, each other to understand how you interact with them and what products and services you like, which allows Temple Fitness and Related Companies to understand better your preferences and requirements, conduct product and market research, personalise and improve services, websites and apps and (where you have consented to receive offers or direct marketing) to provide offers that are of greater interest or benefit to you.

Other sites

From time to time, our Websites may contain links to the websites of other organisations that may be of interest to you. Their inclusion cannot imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their privacy practices, and you should check those websites for their respective privacy statements. Temple Fitness is not responsible, nor does it accept any liability for the conduct of companies linked to our Websites.

Security and storage

We will take all reasonable steps to store your personal information securely. After all, it is in our interests to make sure you feel confident being with us.

Only authorised team members in our Customer Service Team and Marketing, Fitness Facilities, Finance and IT have access to our customers’ personal information. Their access is subject to strict controls and procedures.

Our e-commerce sites use a security measure called Secure Sockets Layer (SSL) technology. SSL locks all your critical information in an encrypted envelope, making it extremely difficult to intercept this information. Our SSL technology is the industry standard in Internet security.

No data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect users’ personal information, Temple Fitness cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once Temple Fitness receives your transmission, it makes every reasonable effort to ensure its security on our systems.

Personal information is de-identified or destroyed securely when no longer required by us.

Temple Fitness retains the information you provide to us, including your contact and credit card details to verify transactions and customer details and maintain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities.

Access to and correction of personal information

Temple Fitness is committed to and takes reasonable steps to maintain accurate, timely, relevant, complete and appropriate information about our customers and website users.
You may request access to personal information about you held by Temple Fitness. Requests for access to your personal information should be made to:

Temple Fitness – Support Team
Lvl 2 Booval Fair
139 Brisbane Rd
Booval, QLD 4133
AUSTRALIA

Telephone: (07) 3143 1280
Email: questions@templefitness.com.au

Verification of identity is required with a request to access (or update) personal information so that we can ensure your personal information is disclosed only to you.

Inaccurate information will be corrected upon receiving advice from you.

If we refuse to provide you with access to or correct the personal information held about you, we will provide reasons for such refusal.

Temple Fitness will respond to any requests for access or correction within a reasonable time to receive the request.

Temple Fitness is not responsible for removing your personal information from the lists or databases of any third party who has previously been provided with your information in accordance with this privacy policy.

Complaints

If you have a question or complaint about our Privacy Policy or Temple Fitness’ collection, use, disclosure or safe disposal or destruction of your personal information, your feedback should be directed in the first instance to Temple Fitness Support Team at the contact details set out in this policy.

We will promptly investigate your complaint and attempt to resolve the matter. If you are not satisfied with the outcome of this procedure or we have not responded to you with a determination within a reasonable period of time, you may contact the Office of the Australian Information Commissioner.

Transfer of information overseas

Temple Fitness also informs you that your information may be stored overseas, including in the United States of America, the United Kingdom, Singapore, and Japan. Temple Fitness employees and data processors are obliged to respect the confidentiality of any personal information held by Temple Fitness.

Changes to Privacy Policy

If Temple Fitness decides to or is required to change this Privacy Policy, it will post changes on this Temple Fitness Privacy Policy page so that users are always aware of what information is collected, how it is used and the way in which information may be disclosed.

Sale of the Company

If Temple Fitness merges with or is acquired by another company or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser and may be among the assets transferred. However, personal information will always remain subject to this privacy policy.

Acceptance

You accept that your use of this site includes your acceptance of this Privacy Policy and the Terms of Use.