Terms & Conditions

Website Terms & Conditions

SCOZA Fitness is the owner and operator of this website. By accessing or using this site, you agree to the Terms of Use Policy of this web site ( www.scozafitness.com.au), set out in these Website Terms of Use.

When using this web site you agree to be legally bound by these terms and conditions. This is applicable to any modifications to terms and conditions that are posted to the web site from time to time. If you do not wish to be bound by these terms and conditions then you may not access or use this website. You agree that any violation of these Terms and Conditions and/or the unauthorised use of this Website, content materials and intellectual property shall be grounds for termination of your right to access, browse and use this Website.

Health Disclaimer

Any and all information contained on this website is not intended to take the place of medical advice from a health care professional or be used as a substitute for, medical advice, diagnosis or treatment. Any information from this website or action taken a result of visiting this website is to be used solely at your own discretion, risk and liability. While the information provided on this website is believed to be accurate, this website assumes no liability for the use or misuse of information and products on this website.

PLEASE, DO NOT USE ANY OF OUR CONTENT OR SERVICES WITHOUT FULLY UNDERSTANDING YOUR OWN MEDICAL CONDITION AS RELATED TO OUR CONTENT THROUGH CONSULTATION WITH A RELEVANT HEALTH CARE PROFESSIONAL.

Personal Information

Personal information you provide must be accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy on this website.

Application

This site is for personal, non-commercial use only. You must not use the SCOZA Fitness site, or any of the content herein, for commercial purposes, including any advertising or advertising revenue generation activity on any other website or platform, without obtaining specific permission or license from SCOZA Fitness to do so.

SCOZA Fitness make no warranties that making the content or products or services available outside of Australia is permitted under any applicable non-Australian laws or regulations. You accept that if you are resident outside of Australia, you must satisfy yourself that you are lawfully able to access and use the website and are able to purchase the products or services available herein. SCOZA Fitness will accept no liability for any breach of by you to observe the laws of countries outside of Australia.

Privacy

We take privacy very seriously and we commit to safeguarding our users privacy. It is important to SCOZA Fitness that users can use our website without having to compromise privacy. For more information, please see our privacy policy.

3rd party sites

SCOZA Fitness make no representations whatsoever about any other web sites which may be accessed through the SCOZA Fitness web site or which may link to our web site. If you access any other web site you understand that it is independent from SCOZA Fitness and that we have no control over the content or availability of that web site it does not mean that we endorse or accept any responsibility for the use of or content of the other site. SCOZA Fitness shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available in any other website not controlled by SCOZA Fitness.

Availability of our web site

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability or any unforeseen errors. In particular, as some of our services are live online services, we accept no liabilities to any interruptions or reduction of quality due to internet service speed or availability both from our end or the customer end.

We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new software tools or resources shall be subject to these terms and conditions.

Privacy Policy

Application

The Privacy Policy applies to personal information collected by SCOZA Fitness, as the business is an applicable organisation under the Privacy Act 1988 (Cth), which governs the way private sector organisations collect, use, keep secure and disclose personal information.

The Privacy Policy outlines:

  • how and when SCOZA Fitness collects personal information;
  • how SCOZA Fitness uses and discloses personal information;
  • how SCOZA Fitness keeps personal information secure, accurate and up-to-date;
  • how an individual can access and correct their personal information; and
  • how SCOZA Fitness will facilitate or resolve a privacy complaint.

We recommend that you read and understand the Privacy Policy and keep it for future reference.  If you require any clarification, you can contact us on the address at the end of the document.

1. Personal information

1.1. What is Personal Information?

  1. Personal information is defined under the Privacy Act 1988 to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion.
  2. Some examples of personal information are your name, residential address, email address, bank details, photos, videos and opinions on your likes and dislikes that can identify you (see paragraph 3.2 below).
  3.  You do not need to identify yourself when you deal with us (e.g. when enquiring about membership) but there are certain situations where we will only deal with individuals who identify themselves (e.g. providing fitness services).

2. Sensitive Information

2.1 What is Sensitive Information?

  1. Sensitive information is a subset of personal information.
  2. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic


    information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.

2.2 Collection of Sensitive Information

  1. In general, we attempt to limit the collection of sensitive information we may collect from you, but depending how you use our products and services this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you.
  2. The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by SCOZA Fitness and will be limited to the purpose(s) for which it is collected. SCOZA Fitness does reserve the right for using photos or videos without divulging any further personal information for marketing purpose unless specifically and expressly denied permission from you.
  3. We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 7 below) without your consent.
  4. We will not collect sensitive information from you without your consent unless consent is not required by law or where express waiver is agreed to via online classes or fitness sessions.

2.3 Consent to collection of certain types of sensitive information

We may collect certain types of sensitive information where you have consented and agreed to the collection of such information.  We will obtain your consent at (or around) the point in time in which we collect the information unless consent is not required by law.

The main type of sensitive information that we may collect (if any) will usually relate to your:

  1. health or medical information;
  2. current or previous membership of a health and fitness facility (if any);
  3. biometric identification, such as finger print scans;
  4. racial origin and religious beliefs, to the extent these are ascertainable from any photographic identification (such as a driver’s licence or photo identification);
  5. family health and medical history;

but only if the sensitive information is necessary for, or incidental to, the purposes of collection set out in paragraph 4.

3. Collection of your personal information

3.1 We will only collect personal information that is necessary for us to provide our products and services to you or where photographs or videos of you are taken as part of a group class or session.  This depends ultimately upon the purpose of collection and we have set out the general purposes of collection at paragraph 4 below.   


3.2 The type of information includes (but is not limited to) the following:

  1. your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;
  2. your date of birth;
  3. proof of your identity (including, but not limited to, driver’s licence, passport, birth certificate);
  4. any sensitive personal information listed in paragraph 2.3;
  5. emergency contact details;
  6. whether you participated in any activity or event organised by the club;
  7. photographs or video footage taken at our premises or through our online services, which may include you;
  8. your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by the club; and
  9. if you are requesting products or services from us or we are purchasing goods or services from you, then any relevant payment or billing information (including but not limited to bank account details, direct debit, credit card details, billing address, repayment information and invoice details).

3.3 As far as possible or unless provided otherwise under this privacy policy, we will collect your personal information directly from you.  If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and the reason for it.

3.4 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information, which you may withhold or provide at your own discretion.  It is optional for you to engage in these activities.

3.5 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary.  If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to provide or effectively provide our services to you.

3.6 If you use our website or mobile app, we may utilise “cookies” and “web beacons” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website / mobile app.  A cookie or web beacon does not identify you personally but may identify your internet service provider, computer or mobile device.  You can set your browser or mobile device to notify you when you receive a cookie or web beacon and this will provide you with an opportunity to either accept or reject it in each instance.

4. Use and disclosure of your personal information

4.1 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below.


4.2 You consent to us using and disclosing your personal information to facilitate a purpose in connection with:

  1. if required, the verification of your identity, including the verification of your date of birth, if applicable;
  2. facilitating membership or facility usage requirements;
  3. provision of our products and services to you, which shall include but is not limited to:
  4. the administration and management of our products and services, including charging, billing, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts; and
  5. to offer you updates, or other content or products and services provided by SCOZA Fitness that may be of interest to you;
  6.  to facilitate the administration, management and improvement of the club, including but not limited to:
  7. the use of your personal information collected in accordance with paragraph 3.1 in the administration and management of the club;
  8. the management, governance and administration of the club, including but not limited to any management and governance meetings of the club ;
  9. if applicable, any requirement to include you in various registers maintained by the club including, but not limited to, the register of excluded persons;
  10. facilitating medical assistance in the event of a medical emergency, or to provide you with medical treatment as requested by you;
  11. your participation in any activity or event organised by the SCOZA Fitness including those delivered outside the facility and administered by a third party organisation;
  12. co-ordinating, managing and maintaining good order and security of the club and our premises, which shall include but is not limited to protecting the rights and safety of other parties on our premises;
  13. investigating and reporting information to third parties regarding any accidents or incidents that may have occurred on our premises;
  14. the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services);
  15. the maintenance and development of our products and services, business systems and infrastructure;

  16. marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing, email, SMS and MMS messages) such as print or electronic newsletters, our website or through social media platforms; Note in this case, only images or videos of you will be used with no identification or other information disclosed without further prior consent by you
  17. to provide customer service functions, including handling customer enquiries and complaints;
  18. to offer you updates, or other content or products and services that may be of interest to you;
  19. our compliance with applicable laws;
  20. the transfer, and matters in connection with a potential transfer, of the club to another entity; and
  21. any other matters reasonably necessary to continue to provide our products and services to you.

4.3 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:

  1. when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose (secondary use);
  2. if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
  3. if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
  4. if it is required or authorised by law or formally requested by a statutory or regulatory authority.

4.4 In the event we propose to use or disclose such personal information other than for reasons in 4.1, 4.2, and 4.3 above, we will first seek your consent prior to such disclosure or use.

4.5 If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us via the details set out at the end of this document and we will ensure the relevant communication ceases.  Any other use or disclosure we make of your personal information will only be as required by law or as permitted by the Privacy Act 1988 or by this privacy policy or otherwise with your consent.

5. The types of organisations to which we may disclose your personal information

5.1 We may disclose your personal information to other organisations. Examples of organisations and/or parties that your personal information may be provided include:

  1. related entities and subsidiaries of the club;
  2. our contractors and agents, including but not limited to our professional advisors such as accountants, solicitors and auditors or other companies who assist us in providing our products and services to you.


5.2 Your personal information is disclosed to these organisations and/or parties only in relation to the goods or services we provide to you or for a purpose permitted by this privacy policy.

5.3 We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this privacy policy in relation to your personal information.

6. Photographs and Online Videos

6.1 We use closed circuit televisions (CCTV) at certain locations throughout our premises (e.g. entry and exit) and surrounding areas.  The CCTV is integral to our security system and CCTV images are stored for a minimum “retention period” of 28 days (unless an incident is identified, in which case the images are archived and retained for a minimum period of one year after the retention period unless they are given to the relevant authority (e.g. police). The CCTV footage must be archived if requested by the relevant authority.

(Note: If an incident occurs at the venue, CCTV footage for the period leading up to, during and following the incident must be archived and where no incident has been identified, the CCTV footage is automatically deleted within 30 days after the retention period.)

6.2 As indicated in paragraph 3.2(g), we may take photographs or videos of you attending our premises or using our online classes or sessions, and we may wish to use them for marketing and advertising purposes.  By booking and using our online services you expressly agree to recordings being taken and, unless you advise us otherwise, you expressly agree and consent to the use of any photographs or videos, which may include you, for the aforementioned purposes, without compensation.

7. Direct Marketing

7.1 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you.

7.2 You expressly consent to us disclosing your personal information to other organisations (including but not limited to organisations such as those listed in paragraph 5.1) that may also use your personal information for sending you Direct Marketing Communications.

7.3 If at any time, you do not wish to receive any further Direct Marketing Communications from us, or others under paragraph 7.2, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting us via the details set out at the end of this document.

8. Cross Border Disclosure

8.1 Any personal information that you provide to us may be transferred to, and stored at, a destination outside Australia, including but not limited to New Zealand and the United Kingdom, where we may utilise overseas data and website hosting facilities or have entered into contractual arrangements with third party service providers to assist us with providing our goods and services to you.  Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.

8.2 By submitting your personal information to us, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.  In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information.  However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy.

8.3 The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988.  By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances.  However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy.

8.4 If you do not agree to the transfer of your personal information outside Australia, please contact us via the details set out at the end of this document.

9. Data quality and security

9.1 We have taken steps to help ensure your personal information is safe.  You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.

9.2 Notwithstanding the above, we will take reasonable steps to:

  1. make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
  2. protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
  3. destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.

9.3 However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you:

  1. let us know if there are any errors in your personal information; and
  2. keep us up-to-date with changes to your personal information (such as your name or address).

10. Access to and correction of your personal information

10.1 You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law (e.g. secrecy provisions under the Anti-Money Laundering and Counter Terrorism Financing Laws).  You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.

10.2 If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the end of this document.

11. Consent

11.1 You are agreeing to the terms of this privacy principle if you visit the club, use our website or by accepting the terms of one of our terms and conditions (relating to a product or service offer) which refer to this privacy policy.

11.2 We reserve the right to modify the privacy policy as our business needs require.  We will notify you of such changes (whether by direct communication or by posting a notice on our website), after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your agreement to the modified terms.  If you do not agree to our continued use of your personal information due to the changes in our privacy policy, please contact us via the details set out at the end of this document.

12. Resolving Privacy Complaints

12.1 We have put in place an effective mechanism and procedure to resolve privacy complaints.  We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.

12.2 If you have any inquiries, concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, you can tell us by contacting us.

  • Telephone: 0429 790 464
  • Email: sastacey@gmail.com

12.3 In order to resolve a complaint, we:

  1. will liaise with you to identify and define the nature and cause of the complaint;
  2. may request that you provide the details of the complaint in writing;
  3. will keep you informed of the likely time within which we will respond to your complaint; and
  4. will inform you of the legislative basis (if any) of our decision in resolving such complaint

12.4 We will keep a record of the complaint and any action taken in a privacy register.

12.5 Persons can refer their complaint to the Office of the Australian Information Commissioner if they are not satisfied with the result of their complaint.

Date of Effect: May 4, 2020