1. About

This document sets out the policy of Evolve Health Club and its related companies relating to the privacy of your personal information (Privacy Policy). Evolve Health Club is committed to protecting the privacy of the personal information it collects and receives. Evolve Health Club is bound by the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act). This Privacy Policy applies to all your dealings with Evolve Health Club or via the Clubs website. This Privacy Policy seeks to explain:

• the kinds of personal information Evolve Health Club collects & holds;

• how Evolve Health Club collects and holds your personal information;

• why Evolve Health Club collects, holds, uses and discloses your personal information;

• how you may access and seek the correction of your personal information as held by Evolve Health Club;

• how you may complain about a breach of the APPs or a registered APP code (if any) that Evolve Health Club are bound by, and how Evolve Health Club will deal with such a complaint; and

• if Evolve Health Club 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).

By using Evolve Health Club website completing any membership application forms, personal trainer forms, competition entry forms, you accept this Privacy Policy and expressly consent to Evolve Health Clubs’ collection, use and disclosure of your personal information in the manner described in this Privacy Policy.

2. Your Personal Information

Evolve Health Club only collects personal information (being information that identifies or could reasonably identify an individual) where Evolve Health Club considers it to be reasonably necessary for Evolve Health Clubs’ services, functions and activities. Evolve Health Club collects personal information to delivery our products and service to members including in circumstances when:

• processing and managing memberships

• facilitating members & casual members club access;

• conducting marketing activities, research & special offers;

• accurately identifying who is using Evolve Health Clubs’ services;

• communicating with members & website visitors to Evolve Health Clubs’ website and online enquiries;

• profiling our members & their interests;

• name, age, gender, date of birth & next of kin;

• health information (height, weight, medical conditions);

• health and fitness goals;

• license and banking details;

• contact details (including phone, 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 Evolve Health Clubs’ policy to only collect your sensitive information where it is reasonably necessary for Evolve Health Clubs’ functions or activities and either you have consented or Evolve Health Club are required or authorised under law to do so.

4. How Evolve Health Club collects your personal information

Evolve Health Club will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.

Evolve Health Club will collect directly personal information:

• by email;

• over the telephone (including calls and SMS);

• via social media and over the intranet (including surveys);

• by written correspondence (such as letters, faxes);

• on hard copy forms (including registration forms, competition entry forms and surveys);

• in person; or

• through Evolve Health Clubs’ website (online purchases, web form submission or participation in a live chat);

• electronic systems such as applications and use of the club access card;

• and through Evolve Health Clubs’ security surveillance cameras.

Evolve Health Club may collect information from third parties including:

• your personal trainer;

• 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. Using your personal information

The main purposes for which Evolve Health Club collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Evolve Health Clubs’ membership.

Evolve Health Club collects information to service its members. Evolve Health Club can use your information to:

• process applications for memberships;

• understand members’ needs and requirements;

• manage & run website & social media platforms;

• providing you with information about Evolve Health Clubs’ services;

• delivering or enhancing products and services;

• help maximise the benefits provided to members;

• any other purpose directly related to Evolve Health Clubs’ business and for which you have provided consent (where it is reasonably required by law).

Evolve Health Clubs’ 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. Evolve Health Club will collect data relating to any transactions you carry out through the website and the fulfilment of your order. Evolve Health Club may also use your data to monitor for any unauthorised use of Evolve Health Clubs’ website, content or subscriptions to services.

6. Purpose of collection

If Evolve Health Club collects personal information for a purpose (the primary purpose), Evolve Health Club 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 your personal information; or

• in relation to the use or disclosure of your personal information:

• you would reasonably expect Evolve Health Club to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose;

• use or disclosure is required or authorised under Australian law or a court/tribunal;

• a permitted situation exists in relation to Evolve Health Clubs’ use or disclosure of the information;

• a permitted health situation exists in relation to use or disclosure of the information; or

• Evolve Health Club 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 Evolve Health Club uses or discloses your information because Evolve Health Club 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, Evolve Health Club will make a written note of the use or disclosure.

7. 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.

8. Sharing your personal information

Evolve Health Club may use and disclose personal information for related purposes to third parties. Types of organisations to whom Evolve Health Club may disclose your personal information includes:

• 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

• Evolve Health Clubs 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).

• Evolve Health Club does not rent, sell or exchange your personal information with third parties without your prior approval.

9. Government Identifiers

Evolve Health Club does not adopt, use or disclose government-related identifiers (such as a Medicare number or license number) as Evolve Health Clubs’ 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 Evolve Health Clubs’ obligations; or

• Evolve Health Club reasonably believes it is reasonably necessary for one or more enforcement-related activities.

10. Cookies

To improve Evolve Health Clubs’ services, Evolve Health Club sometimes collects de-identified information from web users. The information collected does not identify an individual but does help to analyse and improve its web services. When you visit Evolve Health Clubs’ website, a record of your visit is logged and the following data is 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.

Evolve Health Club 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.

11. Links to other websites

Links to third-party websites that Evolve Health Club does not operate or control are provided for your convenience. Evolve Health Club is not responsible for the privacy or security practices of those websites. Third-party websites should have their own privacy and security policies which Evolve Health Club encourages you to read before supplying any personal information to them.

12. Direct Marketing

If Evolve Health Club holds your information, Evolve Health Club may use or disclose that information (other than sensitive information) for direct marketing if:

• Evolve Health Club collected the information from you; and

• you would reasonably expect Evolve Health Club to use or disclose the information for that purpose; and

• Evolve Health Club provided you with a simple way to opt out of receiving direct marketing; and

• you have not made such an opt out request to Evolve Health Club. Evolve Health Club may also use or disclose your information (other than sensitive information) for direct marketing if:

• Evolve Health Club collected the information from you and you would not reasonably expect Evolve Health Club 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

• Evolve Health Club provided you with a simple way to opt out of receiving direct marketing; and

• in each direct marketing communication with you:

• Evolve Health Club includes a prominent statement that you can request to opt out; or

• otherwise draws your attention to the fact that you can request to opt out; and

• you have not made such a request to Evolve Health Club.

Evolve Health Club 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. Evolve Health Club may also use or disclose your personal information for direct marketing if:

• Evolve Health Club are a contracted service provider for a Commonwealth contract; and

• Evolve Health Club collected your information in order to meet an obligation under that contract; and

• the use or disclosure is necessary to meet (directly or indirectly) such an obligation.

If Evolve Health Club has collected the personal information used to send you direct marketing material from a third party, you can ask Evolve Health Club to notify you of its source of information. It is Evolve Health Clubs’ policy is to do so unless it is unreasonable or impracticable.

13. How to opt out of direct marketing

If Evolve Health Club uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications.

If Evolve Health Club uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Evolve Health Club does not use or disclose your information for this purpose.

Evolve Health Club will give effect to your request not to receive direct marketing from Evolve Health Club or an entity facilitated by Evolve Health Club within a reasonable time after the request is made.

14. Protecting your personal information

Evolve Health Club stores information in different ways, including paper and electronic forms. Evolve health Club 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;

• security firewalls for access to Evolve Health Clubs’ systems;

• servers kept at a secure location with limited access;

• document storage security requirements;

• granting access only to verified individuals;

• access controls for Evolve Health Club buildings;

• limited the provision of personal information to third parties and subject to guarantees about use; and

• training staff to deal with the information.

Evolve Health Club cannot guarantee that personal information will be protected against unauthorized access or misuse and Evolve Health Club does not accept any liability for the improper actions of unauthorised third parties.

Evolve Health Club will retain your personal information for as long as necessary to fulfil Evolve Health Clubs’ obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Evolve Health Club collects your personal information.

Once Evolve Health Club is no longer required to retain your personal information, Evolve Health Club will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.

15. Disclosing your personal information overseas

Evolve Health Club may disclose your personal information to other third-party service providers operating outside Australia who work with Evolve Health Club or one of Evolve Health Clubs’ suppliers, agents, or partners. Evolve Health Club 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, Evolve Health Club will first take reasonable steps to ensure that the overseas recipient:

• does not breach the Australian Privacy Principles 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 Australian Privacy Principles protect the information.

16. Anonymity

You have the option of not identifying yourself or using a pseudonym when dealing with Evolve Health Club provided that is it lawful and practicable.

Evolve Health Club will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:

• Evolve Health Club is required/authorised by law or court/tribunal order to deal with identified individuals; or

• it is impracticable for Evolve Health Club to deal with individuals who have not identified themselves.

It is Evolve Health Clubs’ policy to enable you to access the website and make general phone queries without having to identify yourself and to enable you to respond to surveys anonymously.

In some cases, however, if you don’t provide Evolve Health Club with your personal information when requested, Evolve Health Club may not be able to respond to your request or provide you with our service. For example, you must identify yourself to become a Evolve Health Club member.

17. Access to your personal information

You have the right, upon request, to access any of Evolve Health Clubs’ records containing your personal information. To request access to your personal information please contact Evolve Health Club Management via email.

Evolve Health Club 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, Evolve Health Club will give you access to the information requested.

If Evolve Health Club refuses your request to access personal information, Evolve Health Club 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 an unreasonable impact on the privacy of others;

• is frivolous or vexatious;

• relates to legal proceedings;

• reveals Evolve Health Clubs’ intentions or prejudice 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, Evolve Health Club will require you to provide some form of identification (such as a driver’s licence or passport) so Evolve Health Club can verify that you are the person to whom the information relates.

18. Help Evolve Health Club keep your personal information accurate

Evolve Health Club will take reasonable steps to ensure Evolve Health Clubs’ 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 Evolve Health Club all the personal information Evolve Health Club may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Evolve Health Club provide may be affected.

If you think there is something wrong with the information Evolve Health Club holds about you please contact Evolve Health Club Management to:

• let Evolve Health Club know if there are any errors; and

• keep Evolve Health Club up-to-date with any changes, and Evolve Health Club will try to correct your personal information.

Evolve Health Club will respond to your request to correct your personal information in a reasonable period of time. If Evolve Health Club refuses your request, Evolve Health Club will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.

If Evolve Health Club refuses to correct your personal information, you may request that Evolve Health Club associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Evolve Health Club will take reasonable steps to make the statement visible to users of your personal information.

If Evolve Health Club does correct your personal information and Evolve Health Club has previously disclosed your personal information to a third party, upon your request, Evolve Health Club will notify that third party of the correction unless it is impracticable or unlawful to do so.

19. Resolving your privacy issues

If you have any issues you wish to discuss with Evolve Health Club or if you’re concerned about how Evolve Health Club has collected or managed your personal information, please contact Evolve Health Club Management.

For information about privacy or if your concerns are not resolved, contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.

20. Changes and access to this privacy policy

Evolve Health Club may, from time to time, review and update this privacy policy to take account of new laws and changes to Evolve Health Clubs’ operations. Changes to this Privacy Policy will not affect Evolve Health Clubs’ use of previously provided information.

This Privacy Policy is available on Evolve Health Clubs’ website at www.evolvehealthclub.com.au. 

If you have any questions about this statement, please contact Evolve Health Club Management by emailing info@evolvehealthclub.com.au.