38X Fitness Pty Ltd, and its related companies (collectively referred to as “we”, “us” and “38X”) are subject to the National Privacy Principles under the Privacy Act 1988 (Cth). 38X understands and appreciates that you may be concerned about your privacy and about the confidentiality and security of information we may gain about you. We are committed to protecting your privacy. This 38X Fitness Privacy Statement explains how your personal information will be treated.
Policy Requirements and Conditions:

1. What personal information is collected
   1.1 Personal information is information or an opinion relating to an individual that could be used to identify an individual. The types of personal information that we collect will depend on the circumstances of collection. For example, when a person joins one of our studios as a member, we may collect details such as their name, contact details, next of kin, date of birth, gender, license details, banking details and other information which will assist us in delivering our products and services.1.2 When a member or non-member visits our website, we may collect their IP address, date, and time of visit.1.3 We acknowledge that some personal information (e.g. race, ethnicity, health etc.) is sensitive and requires a higher level of protection under the Privacy Act. We will not use or disclose a members sensitive personal information other than as permitted by law or with your consent
2. How personal information is collected
   2.1 We may collect personal information about members and non-members over the telephone, from correspondence (whether by letter, fax or email), our website or when they have contacted us in person2.2 We may also, on occasions collect information from a third party. For example, we may be forwarded the personal information provided to a 38X Fitness Studio or trainer who offer services through 38X. We may also obtain personal information from market research companies contracted by us to obtain such information so that we may improve and market our products and services. We will only collect personal information in accordance with the NPPs by lawful and fair means, without unreasonable intrusiveness and only where necessary for activities related to the provision of our products and services to you (“primary purpose”)2.3 Our website may direct members and non-members to websites operated by third parties, such as social networking sites (“linked sites”). We are not responsible for the content or practices of linked sites or their privacy policies regarding the collection, storage, use and dissemination of your personal information. We would encourage people to always read the applicable privacy policy of any linked site before using it
3. How we use personal information
   3.1 In general we collect personal information for the following purposes:
   (a) To process membership and franchise applications
   (b) To manage and administer memberships and franchisees
   (c) To facilitate access to our gyms by members and casual members
   (d) To conduct marketing activities and market research
   (e) To train and manage our franchisees and the franchise system
   (f) To communicate with members, franchisees and visitors to our website
   (g) To respond to online enquiries
   (h) To communicate information and special offers provided by us or selected third parties
   (i) To operate the 38X studio
   (j) To transfer memberships between 38X Fitness studio as per our Transfer Policy3.2 Some of the personal information we collect is essential for us to be able to accurately identify who is using our services. Other types of personal information we collect helps us to profile who is using our services and what their interests are
4. Disclosure of personal information to third parties
   4.1 We engage third party contractors to perform services for us which involves those contractors handling personal information. For example, we may engage third party contractors to:
   (a) Provide electronic funds transfer services, credit card account processing and related services
   (b) Conduct market research
   (c) Provide information technology services such as managing our databases, online services, communication networks, software and system development and maintenance
   (d) Assist with obtaining payment from creditors
   (e) Deliver fitness and nutrition services in our studios
   4.2 Personal information will only ever be used and disclosed for the primary purpose for which the information was collected or for related purposes such as completing transactions on the member or non-members behalf, providing the member or non-members with a service requested or informing them about special promotions and offers which we believe they may be interested in. In these situations, we will take reasonable steps to ensure that third parties comply with the NPPs when handling personal information, regardless of whether they are required to do so by law. However, we will not sell, trade or otherwise transfer personal information to third parties except where necessary to provide you with our products and services or where required by law
   4.3 We may also disclose personal information to various law enforcement agencies and governments around the world for security, customs and immigration purposes
   4.4 Other than as set out in this Privacy Policy, we will not disclose personal information without consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity
5. What to do if a member or non-member does not want our mail-outs?
   5.1 In each e-mail or each piece of marketing material that we send out, we will endeavour to attach simple instructions on how a member or non-member can immediately unsubscribe from our mailing list. In any event, a member or non-member can opt out from receiving promotional material by contacting us and asking to be removed from the mailing list
6. Access & correction of personal information about members and non-members
   6.1 We will, on request, provide access to the personal information we hold about a member or non-member, unless there is an exception which applies under the NPPs, including for the purpose of correcting or updating that personal information. All requests to provide access to this information will be dealt with by the Club in a reasonable time frame
   6.2 We may recover reasonable costs of supplying access to this information. If we do propose to charge, we will notify the member or non-member of this charge when we receive the request.
   6.3 If we refuse to provide access to the information, we will provide reasons for the refusal and information of any exceptions relied upon under the NPPs
7. What happens if we are not provided with accurate or complete personal information?
   7.1 Incomplete or inaccurate personal information provided from a member or non-member may mean products, services and information we may provide are affected
8. Keeping personal information up to date
   8.1 We take reasonable steps to ensure that personal information is accurate, complete, and up-to-date whenever we collect or use it
   8.2 If the personal information we hold is inaccurate, incomplete or out-of date, the member or non-member is to contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative actions
9. Transfer of information overseas
   9.1 It may be necessary for us to transfer personal information to people in foreign countries in order to fulfil the purposes set out in this Privacy Policy. Any such transfer will usually occur in relation to the performance of our contract with you. However, we will only do so in accordance with the Privacy Act and if we reasonably believe that the recipient is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of personal information that are substantially similar to the NPPs
10. Information security
    10.1 We will take reasonable steps to ensure that any personal information we collect is protected from unauthorised access, use, disclosure or alteration. In particular, we will employ appropriate technical, administrative and physical procedures to:
    (a) Protect your personal information from unauthorised disclosure, loss, misuse or alteration
    (b) Limit access by our employees to your personal information on a “need to know” basis. We will take steps to ensure that the relevant employees receive the required level of training regarding the management of personal information and that they comply with the NNPs and their obligations in relation to the handling of your personal information
    (c) Keep personal information only for as long as the law requires
    (d) Subject to applicable laws, take reasonable steps to destroy or permanently de-identify your personal information if it is no longer needed for the particular purpose for which it was originally collected
    (e) Protect your personal information by taking reasonable steps to comply with industry best-practice standards
11. Resolving a concern
    11.1 If a member or non-member wishes to gain access to their personal information, have a complaint about a breach of their privacy or you have any query regarding how personal information is collected or used please forward the request, complaint or query to 38X Fitness Head Office. We will respond to your query or complaint as soon as possible
12. Changes to this Privacy Policy
    We may amend this Privacy Policy as our business requires or the law changes. Any changes to this Privacy Policy will be updated on our website
13. Our contact details