CLUBWORX PTY LTD – PRIVACY POLICY

Clubworx Pty Ltd (ABN 27 165 885 996) (we, us or our) is committed to protecting your privacy. This policy explains how we collect, use and protect your personal information. It applies to all personal information we handle, whether we collect it through our website, mobile app, in person, or through other means.

For individuals located in the European Economic Area (EEA), United Kingdom or Switzerland: Additional rights and protections apply to you under the General Data Protection Regulation (EU) 2016/679 (GDPR) and, for UK residents, the UK General Data Protection Regulation (as incorporated into UK law) and the Data Protection Act 2018 (UK GDPR). Please refer to Appendix 1 at the end of this policy for information specific to your additional rights and how we process your personal information in accordance with GDPR and UK GDPR requirements.

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Quick overview

We collect information you provide to us and information we gather when we interact with you
We use this information to provide our services and improve your experience
We protect your information using secure systems and processes
You have rights regarding your personal information, including access and correction rights

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Information we collect

Identity and contact details

Name, address, email address and phone number

Professional details (for our business customers)

Business name
Role and position
Business contact information

Payment and transaction details

Credit card and bank account details
Overdue payment records
Transaction history
Billing and invoicing information

Communication information

SMS and email communication preferences
Communication history and engagement
Marketing preferences
Responses to automated reminders

Service-related information

Enquiries about our products and services
Customer support requests and history
Feedback and survey responses

Digital information

IP address and general location information derived from your IP address
Search and browsing behaviour on our website and mobile app
Website and mobile app usage patterns
Cookie preferences
Device information
Device and network information
Statistics on page views and sessions
Acquisition sources and search queries

Demographic information

Postcode
Age range
Other demographic data you provide

Professional information (for job applicants and workers)

Employment history
Professional experience
Required authorisations and licences
Professional registrations
Information about your right to work in the relevant jurisdiction

Information collected by our customers through our platform

We provide software and technology services to gyms, fitness centres, and other fitness businesses (our customers). Our customers use our platform to manage their own members and clients, including to onboard new members, manage bookings, process payments, and communicate with their members.

When our customers use our platform for these purposes, they (not us) are responsible for collecting and handling the personal information of their members and clients. In this context, we act as a service provider processing personal information on behalf of our customers, and our customers are the controllers of that personal information.

The types of personal information our customers may collect through our platform about their members and clients include:

Identity and contact details

Name, address, email address and phone number
Date of birth
Emergency contact details
Images and photographs

Membership and fitness information

Membership type, status and history
Class bookings, attendance records and cancellations
Fitness goals, skill levels and progression tracking

Member preferences

Access control data (gym entry and exit times)
Waivers and consents

Health and sensitive information

Health conditions, injuries or physical limitations relevant to fitness activities
Medical clearances or declarations
Other health information provided for the purpose of receiving fitness services

Payment and transaction details

Payment method details
Membership fees and payment history
Payment plan arrangements
Overdue payment records
Communication information

Communication preferences

Communication history
Marketing preferences and opt-out records

Our customers are responsible for ensuring they have appropriate authority to collect this information and that they handle it in accordance with applicable privacy laws. Our customers should have their own privacy policies that explain to their members and clients how their personal information is collected, used and disclosed.

If you are a member or client of a gym or fitness business that uses our platform and you have questions about how your personal information is handled, you should contact that business directly.

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How we collect personal information

Directly from you when you: interact with us, contact us, fill out forms.
Automatically when you: visit our website, use our technologies, interact with our online services.
From third parties: fitness businesses and gyms whose memberships we manage, service providers, business partners, public sources, government organisations and organisations or people authorised by you.
From publicly available sources: such as ASIC and other regulatory bodies and professional networking sites such as LinkedIn.

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Why we collect, hold, use and disclose personal information

We collect and use your personal information to run our business and provide our services as set out below.

Business operations

To manage our relationship with you as a customer or supplier
To process and deliver our products and services
To handle your inquiries, support requests, and communications
To maintain accurate records for billing and administration
Client onboarding and verification
To assess whether to take you on as a new client or provide services to you, including performing anti-money laundering, anti-terrorism, sanction screening, fraud and other background checks when required or permitted by law
To retain records of verification checks as required by law

Communication and support

To respond to your questions and support requests
To communicate important updates about our services
To handle inquiries made through our website, mobile app or platforms
To manage your participation in surveys, feedback sessions, or events

Service improvement

To conduct analytics and market research
To improve our business operations and services
To develop and enhance our applications and platforms
To understand how our services are used
To provide business reporting and analytics to our customers

Marketing and promotions

To send you promotional information about our services and events
To inform you about products or services that may interest you
To manage your marketing preferences
To run competitions, promotions, and special offers
To provide additional benefits to our customers

Employment purposes

To assess employment applications
To evaluate candidate qualifications
To manage professional certifications and licences
To maintain employment records

Legal and compliance

To comply with our legal obligations
To respond to court orders or legal processes
To maintain required business records
To fulfill regulatory requirements or reporting obligations
To protect our legal rights and interests or as authorised by law

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Our disclosures of personal information to third parties

We may disclose personal information to:

Service providers

IT service providers
Data storage providers
Web hosting and server providers
Payment processors
Marketing and advertising providers
Analytics providers
SMS service providers
Access control system providers

Identity verification and compliance screening service providers

Professional advisers

Bankers
Auditors
Insurers and insurance brokers
Legal advisers

Business partners

Our existing or potential agents
Our business partners or contractors

Corporate transactions

If we merge with or are acquired by another company, or sell our business assets:

Your information may be disclosed to our advisers
Your information may be disclosed to the potential purchaser's advisers
Your information may be included in the transferred assets

Legal and regulatory bodies

Courts and tribunals
Regulatory authorities including as required for reporting obligations
Law enforcement officers

Other parties

Third parties you have authorised
Emergency services when necessary
Any other parties as required or permitted by law

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Overseas disclosure

Storage and access

We store your personal information in Australia. However, your information may be accessed from or transferred to locations outside Australia in these circumstances:

When our service providers are located overseas
When we work with overseas business partners
When using cloud-based services or data storage solutions

Our approach to overseas disclosure

Before disclosing your personal information overseas, we take reasonable steps to ensure that the recipient treats your information in accordance with applicable law by only sending what is necessary, requiring recipients to protect your information through contractual agreements which require the recipient to comply with the privacy standards in applicable law or through other mechanisms that provide comparable safeguards and by monitoring how recipients handle your information.

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Your privacy rights and choices

Providing information

You can choose whether to provide personal information to us, however, if you don't provide certain information, we may not be able to provide some services. Let us know if you don’t want to provide information and we will let you know when information is required versus optional.

Access to your information

You can request access to the personal information we hold about you and we will respond to your request within a reasonable time. We may charge a reasonable administrative fee for providing access and if we cannot provide access, we will explain why and explore alternative ways to share relevant information.

Children and minors

If you are under 16 years of age (or under 18 for certain services), you must have your parent or legal guardian's permission to use our services and provide us with your personal information. We recommend that parents and guardians actively participate in their children's online activities and use of our services.

Correction rights

You can ask us to correct any information that is inaccurate, out of date, incomplete, irrelevant or misleading and we will take reasonable steps to correct your information promptly. If we cannot make the correction, we will explain why and discuss alternatives. You can ask us to add a statement to your information noting your requested correction.

Marketing communications

You can opt-out of receiving marketing communications at any time. Each marketing communication will include an unsubscribe option. You can change your marketing preferences by contacting us. We will process your request as soon as practicable.

How to contact us about your rights or to make a complaint and what happens next

Step 1: Contact us

Email: support@clubworx.com

What to include:

Your full name, contact details, clear details about your request or complaint, and any relevant dates or reference numbers.

Step 2: Our response

We will:

Verify your identity before processing your request
Investigate thoroughly (for complaints) or process your request (for rights)
Respond to you in writing within reasonable timeframes and as required by law
Explain what actions we will take and keep you updated on progress
Not charge you for making a request (except for reasonable access fees if applicable)
Help you understand and exercise your rights

Step 3: If you're not satisfied (complaints only)

If you're not satisfied with our response to your complaint, you can:

Ask for a review by our senior management, or
Contact external bodies:
- Australian residents: Office of the Australian Information Commissioner (Phone: 1300 363 992, Website: www.oaic.gov.au)
- New Zealand residents: Office of the New Zealand Privacy Commissioner

This is the same process whether you want to access your information, correct mistakes, change marketing preferences, or make a complaint about our privacy practices.

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Protecting your information

We use multiple layers of security to protect your information.

Technical safeguards

Enterprise-grade encryption for data storage and transmission
Regular security testing and monitoring
Automated threat detection systems

Operational security

Staff training on security and privacy
Strict access controls based on job requirements
Regular security audits and incident response procedures testing

Physical security

Secure premises with controlled access
Secure disposal of physical documents
Equipment security protocols

Public information

Please note that any information you choose to share publicly on online platforms (such as comments or reviews) can be accessed and used by others. We cannot control or protect information that you make publicly available.

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How long we keep your information

We keep your personal information only as long as we need it for the purposes we collected it, or as required by law. When we no longer need it, we securely destroy or de-identify it.

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Cookies and Analytics

What We Use

We use cookies, tracking pixels, and similar technologies on our website and in our emails to improve your experience and our services.

Small text files stored on your device
Help remember your preferences
Enable certain website functions
Make your interactions with our website more efficient

Tracking Pixels

Tiny, invisible images in web pages and emails
Help us understand how you interact with our content
Allow us to measure email engagement
Enable more relevant content delivery

How we use these technologies

Essential Functions

Remember your login status
Maintain your session security
Store your preferences
Enable core website features

Analytics and Performance

Understand how our website is used
Measure page views and traffic
Analyse user navigation patterns
Identify areas for improvement

Personalisation

Remember your preferences
Tailor content to your interests
Improve your browsing experience
Provide relevant recommendations
Provide location-specific content based on your approximate country location

Your control

You can manage these technologies by:

Adjusting your browser settings to block or delete cookies
Using privacy-focused browser extensions
Configuring your email client to block images
Using our cookie preference settings

Note: Blocking all cookies may affect website functionality and your user experience.

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Google Analytics

We use Google Analytics to understand how people use our website. This involves cookies that collect information about your browsing activity. You can opt out of Google's advertising features through your Google account settings, browser add-ons, or your device's privacy settings. Google provides various tools and options to control how your data is used for advertising purposes. You can learn more about how Google uses your data and your available options on Google's privacy pages.

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Meta advertising tools

We use Meta's advertising tools (such as Meta Pixel) to understand how our ads perform and to show you more relevant advertisements on Meta platforms like Facebook and Instagram when you visit our website or app. You can manage whether we connect information from our website with your Meta account for advertising purposes by adjusting your settings within your Meta account preferences.

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Mobile App

Our mobile app collects information to provide membership and booking services, including login details, class bookings, attendance data, membership status, push notification preferences, and app usage data.

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When you sign in with another account (like Facebook or Google)

What we collect

When you use single sign-on to connect with us, we'll receive personal information from that provider based on your privacy settings with them. This may include your name, username, profile picture, and other details you've chosen to share.

How we use it

We use this information to create your profile on our platform and give you access to our services.

Your rights

If you connected through Facebook, you can ask us to delete the personal information we received from Facebook. To do this, email us at our email below and tell us what information you'd like deleted. If we can't delete certain information, we'll explain why.

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Artificial Intelligence (AI) Technologies

Overview

We use artificial intelligence and machine learning technologies in our business operations and services, including AI tools provided by third parties. We only use these technologies when legally permitted and necessary for our business.

How we use AI

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We may use AI technologies to:

Conduct analysis and data processing
Generate and modify content and coding
Improve and optimise our services and operations
Automate routine tasks and communications
Personalise your experience with our services
Support quality assurance processes
Assist with customer support and queries

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Data protection and security

When we work with third-party AI providers, we ensure they handle your personal information in accordance with privacy laws through contractual requirements and appropriate safeguards.

Your rights and our commitments

Any information generated or inferred about you by AI technologies is treated as personal information, and you maintain all the rights outlined in this privacy policy. When using AI with your personal information, we commit to:

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Transparency and control

We'll inform you when AI is used to make decisions that may significantly affect you
We maintain human oversight and review of significant AI-generated decisions
Our staff are trained to understand AI limitations and verify outputs before relying on them
We implement processes to verify the accuracy of AI-generated outputs

Security

We use appropriate technical and organisational measures to maintain the security and integrity of your personal information
We regularly test and monitor AI outputs for accuracy and reliability

Risk mitigation

We regularly assess and document risks associated with using AI to process personal information
We implement appropriate measures to address these risks
We continuously monitor AI performance and regularly review their impact

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Amendments

We may update this policy at any time by posting the revised version on our website. We recommend that you review our website regularly to stay current with any policy changes.

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APPENDIX 1: ADDITIONAL RIGHTS AND INFORMATION FOR INDIVIDUALS LOCATED IN THE EU OR UK

Under the General Data Protection Regulation (EU) 2016/679 (GDPR) and, for UK residents, the UK General Data Protection Regulation (as incorporated into UK law) and the Data Protection Act 2018 (together, the European Data Protection Laws), individuals located in the EU and UK have additional rights which apply to their personal information. Personal information under these Data Protection Laws is often referred to as personal data and is defined as information relating to an identified or identifiable natural person. This Appendix 1 sets out the additional rights we give to individuals located in the EU and UK, as well as the lawful basis on how we process the personal information of individuals located in the EU and UK.

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Legal bases for processing personal information

European Data Protection Law requires us to have proper legal reasons for using your personal data. We can only use your information when we have one or more of these legal bases.

Consent - You have clearly agreed to us using your personal data for a specific purpose.
Performance of a contract - We need to use your information to fulfil a contract with you, or because you've asked us to do something before entering into a contract.
Legal duty - We must use your information to comply with the law.
Vital interests - We need to use your information to protect someone's life.
Public interest - We need to use your information to perform a task in the public interest or carry out official functions that have a clear legal basis.
Legitimate interests - We have a genuine business reason to use your information, or a third party does, but only if this doesn't unfairly override your rights and interests. Where we rely on legitimate interests as our legal basis, we have conducted balancing tests to ensure our interests do not override your fundamental rights and freedoms. These assessments consider:
- The nature of our legitimate interest
- The impact on you
- Any safeguards we can implement
- Your reasonable expectations
- The broader context of our relationship

Note that we may process your personal data for more than one legal basis depending on the specific purpose for which we are using your data. We have listed the reasons we process your data and the legal basis below. Please reach out to us if you need further details about the specific legal basis we are relying on to process your personal data.

The full purposes of processing are set out in the policy above under “Why we collect, hold, use and disclose personal information” and the legal basis for this processing is set out below

Purpose: Business operations