Privacy Policy
1 About this privacy policy
This document sets out the policy of Dockvest Pty Ltd ACN 009 569 911 ( trading as Zap Fitness 24/7) and its related companies (collectively, Zap) relating to the privacy of your personal information (Privacy Policy).
Zap is committed to protecting the privacy of the personal information it collects and receives. Zap 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 Zap whether at one of Zap’s Gyms, Zap head office or via Zap website (www.zapfitness.com.au).
This Privacy Policy seeks to explain:
the kinds of personal information Zap collects & holds;
how Zap collects and holds your personal information;
why Zap collects, holds, uses and discloses your personal information;
how you may access and seek the correction of your personal information as held by Zap;
how you may complain about a breach of the APPs or a registered APP code (if any) that Zap are bound by, and how Zap will deal with such a complaint; and
if Zap 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 Zap’s website www.zapfitness.com.au, completing any membership application forms, personal trainer forms or competition entry forms, you accept this Privacy Policy and expressly consent to Zap’s collection, use and disclosure of your personal information in the manner described in this Privacy Policy.
2 Your Personal Information
Zap only collects personal information (being information that identifies or could reasonably identify an individual) where Zap considers it to be reasonably necessary for Zap’s services and functions.
Zap collects personal information to delivery our products and service to members including in circumstances when:
processing and managing membership applications;
facilitating members & casual members’ gym access;
conducting marketing activities, research & special offers;
accurately identifying who is using Zap’s services;
communicating with members & website visitors to Zap’s website and online enquiries;
profiling our members & their interests;
operating Zap’s business; and / or
transferring memberships between Gyms as per Zap transfer policy.
The types of information Zap collects includes:
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, 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 Zap policy to only collect your sensitive information where it is reasonably necessary for Zap functions or activities and either you have consented or Zap are required or authorised under law to do so.
4 How Zap collects your personal information
Zap will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.
Zap 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 Zap website (online purchases, web form submission or participation in a live chat);
electronic systems such as applications and use of the gym access card; and through Zap’s security surveillance cameras.
Zap 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 Zap collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Zap’s membership.
Zap collects information to service its members. Zap can use your information to:
process applications for memberships;
understand Zap’s members’ needs and requirements;
manage & run Zap website & social media platforms;
providing you with information about Zap services;
delivering or enhancing Zap’s products and services;
help Zap maximise the benefits provided to members;
any other purpose directly related to Zap’s business and for which you have provided consent (where it is reasonably required by law).
Zap’s 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. Zap will collect data relating to any transactions you carry out through Zap’s website and the fulfilment of your order.
Zap may also use your data to monitor for any unauthorised use of Zap’s website, content or subscriptions to Zap’s services.
6 Purpose of collection
If Zap collects personal information for a purpose (the primary purpose), Zap 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 Zap 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 Zap’s use or disclosure of the information;
a permitted health situation exists in relation to use or disclosure of the information; or
Zap 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 Zap uses or discloses your information because Zap 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, Zap 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
Zap may use and disclose personal information for related purposes to third parties. Types of organisations to whom Zap 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
Zap’s 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).
Zap does not rent, sell or exchange your personal information to third parties without your prior approval.
9 Government Identifiers
Zap does not adopt, use or disclose government related identifiers (such as a Medicare number or license number) as Zap’s 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 Zap’s obligations; or
Zap reasonably believes it is reasonably necessary for one or more enforcement related activities.
10 Cookies
To improve Zap’s services, Zap sometimes collects de-identified information from web users. The information collected does not identify an individual but does help Zap to analyse and improve its web services.
When you visit Zap’s 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.
Zap 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 Zap does not operate or control are provided for your convenience. Zap is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Zap encourages you to read before supplying any personal information to them.
12 Direct Marketing
If Zap holds your information, Zap may use or disclose that information (other than sensitive information) for direct marketing if you have consented to such use or disclosure.
Zap 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 Zap has collected the personal information that Zap used to send you direct marketing material from a third party, you can ask Zap to notify you of its source of information. It is Zap’s policy is to do so unless it is unreasonable or impracticable.
13 How to opt out of direct marketing
If Zap uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Zap.
If Zap uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Zap does not use or disclose your information for this purpose.
Zap will give effect to your request not to receive direct marketing from Zap or an entity facilitated by Zap within a reasonable time after the request is made.
14 Protecting your personal information
Zap stores information in different ways, including paper and electronic form. Zap 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 Zap’s systems;
servers kept at a secure location with limited access;
document storage security requirements;
granting access only to verified individuals;
access controls for Zap’s buildings;
limited the provision of personal information to third parties and subject to guarantees about use; and
training staff to deal with the information.
Zap cannot guarantee that personal information will be protected against unauthorized access or misuse and Zap does not accept any liability for the improper actions of unauthorised third parties.
Zap will retain your personal information for as long as necessary to fulfil Zap’s obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Zap collects your personal information.
Once Zap is no longer required to retain your personal information, Zap 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
Zap may disclose your personal information to other third party service providers operating outside Australia who work with Zap or one of Zap’s suppliers, agents, or partners. Zap 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, Zap 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.
Personal information may be disclosed by Zap to third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognized each of these countries as providing adequate protection of personal information.
To make it easy for you to deal with Zap and other Zap entities and provide you with a more personal and consistent experience, Zap may exchange and combine personal information with other Zap entities for the purposes described in this Privacy Policy.
If your personal information is collected using a document that references this Privacy Policy, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.
You acknowledge and understand that by providing such consent:
Zap 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:
Zap 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; and
the overseas recipient is 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, Zap will not rely on this consent when dealing with your personal information going forward.
16 Anonymity
You have the option of not identifying yourself or using a pseudonym when dealing with Zap provided that is it lawful and practicable.
Zap will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
Zap is required/authorised by law or court/tribunal order to deal with identified individuals; or
it is impracticable for Zap to deal with individuals who have not identified themselves.
It is Zap’s policy to enable you to access Zap’s website and make general phone queries without having to identify yourself and to enable you to respond to Zap’s surveys anonymously.
In some cases however, if you don’t provide Zap with your personal information when requested, Zap may not be able to respond to your request or provide you with our service. For example, you must identify yourself to become a Zap member.
17 Accessing to your personal information
You have the right, upon request, to access any of Zap’s records containing your personal information.
To request access to your personal information please contact the Privacy Officer, identified at the end of this Privacy Policy.
Zap 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, Zap will give you access to the information requested.
If Zap refuses your request to access personal information, Zap 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 Zap’s 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, Zap will require you to provide some form of identification (such as a driver’s licence or passport) so Zap can verify that you are the person to whom the information relates.
18 Help Zap keep your personal information accurate
Zap will take reasonable steps to ensure Zap’s 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 Zap all the personal information Zap may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Zap provide may be affected.
If you think there is something wrong with the information Zap holds about you, please contact the Privacy Officer to:
let Zap know if there are any errors; and
keep Zap up-to-date with any changes,
and Zap will try to correct your personal information.
Zap will respond to your request to correct your personal information and in a reasonable period of time. If Zap refuses your request, Zap will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.
If Zap refuses to correct your personal information, you may request that Zap associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Zap will take reasonable steps to make the statement visible to users of your personal information.
If Zap does correct your personal information and Zap has previously disclosed your personal information to a third party, upon your request, Zap 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 Zap or if you’re concerned about how Zap has collected or managed your personal information please contact the Privacy Officer.
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
Zap may, from time to time, review and update this privacy policy to take account of new laws and changes to Zap’s operations. Changes to this Privacy Policy will not affect Zap’s use of previously provided information.
A printed Privacy Policy can be obtained free of charge by contacting the Privacy Officer.
21 Zap Privacy Officer
Zap’s privacy officer can be contacted at:
Email: [email protected]
Telephone: 03 6105 0512
Post: 13 Gladstone Street, Hobart TAS 7001
