Orangetheory Fitness is committed to protecting the privacy of the personal information it collects and receives.
• the kinds of personal information Orangetheory Fitness collects & holds;
• how Orangetheory Fitness collects and holds your personal information;
• why Orangetheory Fitness collects, holds, uses and discloses your personal information;
• how you may access and seek the correction of your personal information as held by Orangetheory Fitness;
• how you may complain about a breach of the Australian Privacy Principles (APPs) or a registered APP code (if any) that Orangetheory Fitness are bound by, and how Orangetheory Fitness will deal with such a complaint; and
• if Orangetheory Fitness is likely to disclose your personal information to overseas recipients and the countries in which such recipients are likely to be located (if it is practicable to specify those countries in this policy).
2. Your Personal Information
Orangetheory Fitness only collects personal information (being information that identifies or could reasonably identify an individual) where Orangetheory Fitness considers it to be reasonably necessary for Orangetheory Fitness’ functions and activities.
Orangetheory Fitness collects personal information to deliver our products and services to members including in circumstances when:
• Processing and managing membership and franchisee applications;
• facilitating members access, including the provision of services at Orangetheory Fitness studios;
• conducting marketing activities, research & special offers;
• accurately identifying who is using Orangetheory Fitness’ services;
• communicating with members, franchisees & website visitors to Orangetheory Fitness’ website and online enquiries;
• profiling our members & their interests;
• operating Orangetheory Fitness’ business; and/or
• transferring memberships and making membership services available between outlets.
• The types of personal information Orangetheory Fitness collects includes:
• name, age, gender, date of birth & next of kin;• health information (height, weight, medical conditions);
• license and banking details;• contact details (including phone, fax and e-mail);
• views and opinions; and• responses to forms and surveys (if any).
3. Your Sensitive Information
Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.
It is Orangetheory Fitness’ policy to only collect your sensitive information where it is reasonably necessary for Orangetheory Fitness’ functions or activities and either you have consented or Orangetheory Fitness are required or authorised under law to do so.
The types of sensitive information Orangetheory Fitness generally collects includes information relating to health issues that is necessary to properly tailor exercise programs to customers and related services. The types of health related information include medical history, whether individuals are using medication, are pregnant and other health related information.
4. How Orangetheory Fitness collects your personal informationOrangetheory Fitness will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.Orangetheory Fitness will collect directly personal information:
• by email;
• over the telephone (including calls and SMS);
• via social media and over the internet (including surveys);
• by written correspondence (such as letters, faxes);
• on hard copy forms (including registration forms, application forms, competition entry forms and surveys);
• in person;
• through the Orangetheory Fitness website (online purchases, web form submission or participation in a live chat);
• electronic systems such as applications; and
• through Orangetheory Fitness’ security surveillance cameras.
Orangetheory Fitness may collect information from third parties including:
• market researchers & direct marketing providers;
• parents or guardians of underage members;
• our current members (refer a friend);
• the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
• public sources (directories, membership lists, professional and trade associations, ASIC, bankruptcy or court registry searches).
5. Unsolicited personal information
Unsolicited personal information is personal information Orangetheory Fitness receives that Orangetheory Fitness has taken no active steps to collect (such as a job application sent to Orangetheory Fitness by an individual on their own initiative, rather than in response to an advertisement).
Orangetheory Fitness may keep records of unsolicited personal information if the information is reasonably necessary for one or more of Orangetheory Fitness’ functions or activities. If not, it is Orangetheory Fitness’ policy to destroy the unsolicited information or ensure that the information is de-identified, provided it is lawful and reasonable to do so.
6. Using your personal information
The main purposes for which Orangetheory Fitness collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Orangetheory Fitness’ membership.
Orangetheory Fitness can use your information to:
• process applications for memberships, franchisees & prospective franchisees;
• understand Orangetheory Fitness members’ needs and requirements;
• manage & run Orangetheory Fitness’ website & social media platforms;
• provide you with information about Orangetheory Fitness’ services;
• delivering or enhancing Orangetheory Fitness’ products and services;
• help Orangetheory Fitness maximise the benefits provided to members;
• any other purpose directly related to Orangetheory Fitness’ business and for which you have provided consent (where it is reasonably required by law).
Orangetheory Fitness’ website requires subscriptions or registrations to use certain services, functions or content. You will know what information is being collected via these processes when you complete the relevant forms and provide the required details prior to submitting the application. Orangetheory Fitness will collect data relating to any transactions you carry out through Orangetheory Fitness’ website and the fulfilment of your order.Orangetheory Fitness may also use your data to monitor for any unauthorised use of Orangetheory Fitness’ website, content or subscriptions to Orangetheory Fitness’ services.
7. Purpose of collection
If Orangetheory Fitness collects personal information for a purpose (the primary purpose), Orangetheory Fitness will not use or disclose the information for any other purpose (the secondary purpose) unless:you would have consented to the use or disclosure of the your personal information; or in relation to the use or disclosure of your personal information:
• you would reasonably expect Orangetheory Fitness to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose (sensitive information) or related to the primary purpose (not sensitive information);
• use or disclosure is required or authorised under Australian law or a court/tribunal;
• a permitted situation exists in relation to Orangetheory Fitness’ use or disclosure of the information;
• a permitted health situation exists in relation to use or disclosure of the information; or
• Orangetheory Fitness reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
If Orangetheory Fitness uses or discloses your information because Orangetheory Fitness reasonably believes that the use or disclosure of your information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, Orangetheory Fitness will make a written note of the use or disclosure.
8. Do you have to provide personal information?
You can refuse to provide personal information. However a refusal may mean that the service you requested is not provided or membership will be refused or forfeited.
9. Sharing your personal information
Orangetheory Fitness may use and disclose personal information for related purposes to third parties. Types of organisations to whom Orangetheory Fitness may disclose your personal information includes:
• Orangetheory Fitness’ master franchisor;
• government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts (as required by law);
• various law enforcement agencies and governments for security, customs and immigration purposes;
• banking service providers;
• rewards partner program providers;
• professional or government organisations; and
• Orangetheory Fitness contracted service providers including:
• information technology service providers;
• planning research and development providers;
• conference organisers;• marketing and communications agencies;
• mailing houses, freight and courier services;• printers & distributors of marketing material;
• debt collectors and banks;
• personal trainers; and
• external advisers (recruiters, auditors & lawyers).
Orangetheory Fitness does not rent, sell or exchange your personal information to third parties without your prior approval.
10. Government Identifiers
Orangetheory Fitness does not adopt, use or disclose government related identifiers (such as a Medicare number or licence number) as Orangetheory Fitness’ own identifier for you unless:
• it’s required/authorised by law or court/tribunal order;
• it’s reasonably necessary to verify your identity;
• it’s reasonably necessary to fulfil Orangetheory Fitness’ obligations; or
• Orangetheory Fitness reasonably believes it is reasonably necessary for one or more enforcement related activities.
To improve Orangetheory Fitness’ services, Orangetheory Fitness may sometimes collect de-identified information from web users. The information collected does not identify an individual but does help Orangetheory Fitness to analyse and improve its web services.When you visit Orangetheory Fitness’ website, a record of your visit may be logged and the following data may be supplied by your browser:
• your IP address and/or domain name;
• your operating system (type of browser & platform);
• the date, time and length of your visit; and
• the resources you accessed or downloaded.
Orangetheory Fitness uses this information to customise the website for visitors and to collect data for analysis, quality control, administration and improving the website. It is not used for any other purpose. Aggregated data may be shared with third parties.You can stop your browser from accepting new cookies or disable cookies altogether by changing your browser preferences.
12. Links to other websites
Links to third party websites that Orangetheory Fitness does not operate or control are provided for your convenience. Orangetheory Fitness is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Orangetheory Fitness encourages you to read before supplying any personal information to them.
13. Direct Marketing
If Orangetheory Fitness holds your information, Orangetheory Fitness may use or disclose that information (other than sensitive information) for direct marketing if:
• Orangetheory Fitness collected the information from you; and
• you would reasonably expect Orangetheory Fitness to use or disclose the information for that purpose; and
• Orangetheory Fitness provided you with a simple way to opt out of receiving direct marketing from Orangetheory Fitness; and
• you have not made such an opt out request to Orangetheory Fitness.
Orangetheory Fitness may also use or disclose your information (other than sensitive information) for direct marketing if: Orangetheory Fitness collected the information from you and you would not reasonably expect Orangetheory Fitness to use or disclose the information for that purpose or someone other than you; and either:
• you have consented to the use or disclosure of the information for that purpose; or
• it is impracticable to obtain that consent; and
• Orangetheory Fitness provided you with a simple way to opt out of receiving direct marketing from Orangetheory Fitness; and
• in each direct marketing communication with you:
• Orangetheory Fitness includes a prominent statement that you can request to opt out; or
• Orangetheory Fitness otherwise draw your attention to the fact that you can request to opt out; and
• you have not made such a request to Orangetheory Fitness.
Orangetheory Fitness can use or disclose your sensitive information for the purpose of direct marketing if you have consented to the use or disclosure of that information for direct marketing.
If Orangetheory Fitness has collected the personal information that Orangetheory Fitness used to send you direct marketing material from a third party, you can ask Orangetheory Fitness to notify you of its source of information. It is Orangetheory Fitness’ policy to do so unless it is unreasonable or impracticable.
14. How to opt out of direct marketing
If Orangetheory Fitness uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Orangetheory Fitness.
If Orangetheory Fitness uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Orangetheory Fitness does not use or disclose your information for this purpose.Orangetheory Fitness will give effect to your request not to receive direct marketing from Orangetheory Fitness or an entity facilitated by Orangetheory Fitness free of charge within a reasonable time after the request is made.
15. Collection Notices
Orangetheory Fitness stores information in different ways, including paper and electronic form. Orangetheory Fitness takes reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure including:
• secure password protected databases for storage;
• confidentiality requirements of staff;
• servers kept at a secure location with limited access;
• document storage security requirements;
• granting access only to verified individuals;
• access controls for Orangetheory Fitness’ buildings;
• limited the provision of personal information to third parties and subject to guarantees about use; and
• training staff to deal with the information.
Orangetheory Fitness cannot guarantee that personal information will be protected against unauthorized access or misuse and Orangetheory Fitness does not accept any liability for the improper actions of unauthorised third parties.
Orangetheory Fitness will retain your personal information for as long as necessary to fulfil Orangetheory Fitness’ obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Orangetheory Fitness collects your personal information.
Once Orangetheory Fitness is no longer required to retain your personal information, Orangetheory Fitness will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified. 17. Disclosing your personal information overseas
Orangetheory Fitness may disclose your personal information to other third party service providers operating outside Australia who work with Orangetheory Fitness or one of Orangetheory Fitness’ suppliers, related companies, agents, or partners, or its master franchisor. Orangetheory Fitness may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.
Before disclosing your personal information to an overseas third party, Orangetheory Fitness will first take reasonable steps to ensure that the overseas recipient:
• does not breach the APPs in relation to your personal information; or
• the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the APPs protect the information.
Personal information may be disclosed by Orangetheory Fitness to other Orangetheory Fitness entities and third parties in jurisdictions including Australia, Canada and the United States of America.
You acknowledge and understand that by providing such consent:
• Orangetheory Fitness will not be required to take steps as are reasonable in the circumstances to ensure that such third parties comply with the APPs;
• if the overseas recipient handles your personal information in breach of the APPs:
• Orangetheory Fitness will not be liable under the Act; and
• you will not be able to seek redress under Act.
• the overseas recipient may not be subject to any privacy law or principles similar to the APPs;
• you may be unable to seek redress overseas;• the overseas recipient may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.If you withdraw consent, Orangetheory Fitness will not rely on this consent when dealing with your personal information going forward. 18. Anonymity
You have the option of not identifying yourself or using a pseudonym when dealing with Orangetheory Fitness provided that is it lawful and practicable.
Orangetheory Fitness will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
• Orangetheory Fitness is required/authorised by law or court/tribunal order to deal with identified individuals; or
• it is impracticable for Orangetheory Fitness to deal with individuals who have not identified themselves.
It is Orangetheory Fitness’ policy to enable you to access Orangetheory Fitness’ website and make general phone queries without having to identify yourself and to enable you to respond to Orangetheory Fitness’ surveys anonymously.In some cases however, if you don’t provide Orangetheory Fitness with your personal information when requested, Orangetheory Fitness may not be able to respond to your request or provide you with service. For example, you must identify yourself to become a Orangetheory Fitness member or franchisee.
19. Accessing to your personal information
You have the right, upon request, to access any of Orangetheory Fitness’ records containing your personal information.
To request access to your personal information please contact the Privacy Officer.Orangetheory Fitness will respond to your request to access your personal information within a reasonable period of time.
On the basis that it is reasonable and practicable to do so, Orangetheory Fitness will give you access to the information requested.
If Orangetheory Fitness refuses your request to access personal information, Orangetheory Fitness will provide a written notice setting out the reasons for the refusal & how you can complain about the refusal.Reasons for a refusal may include if it:
• poses a serious threat to the life, health or safety;
• would have unreasonable impact on privacy of others;
• is frivolous or vexatious;
• relates to legal proceedings;
• reveals Orangetheory Fitness’ intentions or prejudices any negotiations;
• would be unlawful;
• is required or authorised by law or court/tribunal order;
• is likely to prejudice enforcement related activities; or
• relates to a commercially sensitive decision process.
When you make a request to access personal information, Orangetheory Fitness will require you to provide some form of identification (such as a driver’s licence or passport) so Orangetheory Fitness can verify that you are the person to whom the information relates.
20. Help Orangetheory Fitness keep your personal information accurate
Orangetheory Fitness will take reasonable steps to ensure Orangetheory Fitness’ records of personal information are accurate, up to date and complete.However, the accuracy of information depends to a large extent on the information you provide. If you do not give Orangetheory Fitness all the personal information Orangetheory Fitness may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Orangetheory Fitness provide may be affected.
If you think there is something wrong with the information Orangetheory Fitness holds about you please contact the Privacy Officer to:
• let Orangetheory Fitness know if there are any errors; and
• keep Orangetheory Fitness up-to-date with any changes,
• and Orangetheory Fitness will try to correct your personal information.Orangetheory Fitness will respond to your request to correct your personal information free of charge and in a reasonable period of time.
If Orangetheory Fitness refuses your request, Orangetheory Fitness will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.
If Orangetheory Fitness refuses to correct your personal information, you may request that Orangetheory Fitness associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Orangetheory Fitness will take reasonable steps to make the statement visible to users of your personal information.
If Orangetheory Fitness does correct your personal information and Orangetheory Fitness has previously disclosed your personal information to a third party, upon your request, Orangetheory Fitness will notify that third party of the correction unless it is impracticable or unlawful to do so.
21. Dealing with SPAM and Do Not Call register
Orangetheory Fitness will not send you any commercial electronic messages unless it is permitted by the Spam Act (e.g., Orangetheory Fitness has your express/inferred consent). Any commercial electronic message that Orangetheory Fitness sends will identify Orangetheory Fitness as the sender and will include relevant contact details and an unsubscribe facility. If you do not wish to receive commercial electronic messages from Orangetheory Fitness, please contact the Privacy Officer.Orangetheory Fitness will not call you on a number on the Do Not Call Register unless permitted under the Do Not Call Register Act & related instruments. If you don’t wish Orangetheory Fitness to call you on a particular number, please contact the Privacy Officer.
22. Resolving your privacy issues
If you have any issues you wish to discuss with Orangetheory Fitness or if you’re concerned about how Orangetheory Fitness has collected or managed your personal information please contact the Privacy Officer.
24. Orangetheory Fitness privacy officer
Orangetheory Fitness’ privacy officer can be contacted at:
Telephone: 02 9415 5300
Post: Level 2, 71 Longueville Road, Lane Cove NSW 2066