Privacy Policy

Effective from 21 July, 2020
This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through this website (Site). In this Privacy Policy we, us or our means Clubworx Pty Ltd ACN 165 885 996. When we collect, store and use your personal information, we do so in accordance with the rules set down in the Australian Privacy Act 1988 (Cth) and by the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR).

Personal information

Personal information: The types of personal information or personal data we may collect about you include:
We may collect these types of personal information directly from you or from third parties including from fitness businesses, gyms and other third parties whose membership we help to manage or other third parties when we conduct research on potential clients or assist our clients to track leads for potential members.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

Disclosure of personal information to third parties

We may disclose personal information to:
Where we disclose your personal information to third parties, including data processors, we will request that the third party handle your personal information in accordance with this Privacy Policy. The third party will only process your personal information in accordance with written instructions from us and we require that the third party either complies with the privacy shield principles set out in the GDPR or another mechanism set out by applicable EU & Swiss data protection laws for the transfer and processing of personal information.

When we refer to ‘processing’ in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.Please note that we use the following third parties to process your personal information:

Slack, Calendly, Wistia, Google Accounts, SendGrid, Zapier, Amazon Web Services, ClickInsights, Pivotal Software, Cloud66, Intercom, Plivo, Dropbox, GitHub, Facebook, Capterra, Hubspot, Unbounce, Ezidebit, Integrapay, Stripe, Bluefin Payments, GoCardless. PayPal, Xero, Growth Analytics Marketing, Profitwell, Google Tag Manager, Google Analytics, First Class Accounts, FullStory, Wootric, Callbox, Nicejob.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and, if you are a European Union (EU) citizen, to third parties that reside outside the EU. Where the disclosure of your personal information is solely subject to Australian privacy laws (and not subject to the GDPR), you acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws. You may not have the same rights in relation to the handling of your personal information by overseas recipients as you would under Australian privacy laws.

How we treat personal information that is also sensitive information

We may collect, hold, use and disclose personal information for the following purposes:
Sensitive information may also be used or disclosed if required or authorised by law.

Our responsibilities as a ‘controller’ under the GDPR

Controllers are defined by the GDPR as natural or legal persons, a public authority, agency or other body to which personal information or personal data has been disclosed, whether via a third party or not, and who determines the purposes and means of processing personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our goods and/or services.

As a controller, we have certain obligations under the GDPR when collecting, storing and using the personal information of EU citizens. If you are an EU citizen, your personal data will:
We also apply these principles to the way we collect, store and use the personal information of our Australian customers or clients. Specifically, we have the following measures in place, in accordance with the GDPR:

Our responsibilities as a ‘processor’ under the GDPR

Where we are a processor, we have contracts containing certain prescribed terms in our contracts with controllers. Depending on circumstances, we can be a controller or processor or controller and processor. In addition to:

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. If you are under 16 years of age, you must have; and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Site and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information.  If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict how we process your personal information, we will let you know how the restriction affects your use of our Site or products and services.

Access and data portability: You may request details of the personal information that we hold about you.  You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles or an article of the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner if you wish to make a complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

We may use Geo-redirection cookies which help us approximate what country you are in from the information supplied by your browser when you interact with the Clubworx website. This information helps us provide you with location specific content for a better browsing experience. This is an anonymous cookie and is only used to help target our content and advertising.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy.  We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

For any questions or notices, please contact our Privacy Officer at:Clubworx Pty Ltd ACN 165 885 996Email: support@clubworx.com.au