Compliance with Privacy Obligations
DTCOB Pty Ltd (ACN 677 532 044) trading as Balanced Life Dee Why (collectively ‘Balanced Life’, ‘BLDY’, we, our) is a boutique fitness studio that offers fitness classes and services.
BLDY values its customers and their concerns about privacy and engages in consistent information practices and uses its best efforts to make clear disclosures regarding those practices.
This Privacy Policy sets out the policy of BLDY with respect to the way in which we collect, use, disclose, store, secure, and dispose of Personal Information (as that term is defined in the Privacy Act 1988 (Cth) (Act)) about our customers and employees, including through our website at www.balancedlifedeewhy.com.au and other online or digital platforms (including via any applications developed or operated by BLDY, other online Platforms).
BLDY is bound by the Australian Privacy Principles set out in Schedule 1 of the Act. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at oaic.gov.au.
BLDY is dedicated to ensuring that personal and sensitive information is gathered with respect to the individual and aims to exercise the highest standard of care in preserving privacy of information in all areas of operation.
The information about individuals’ health collected by BLDY is handled in compliance with applicable State and Territory health records legislation.
This policy also outlines the Terms and Conditions of members and clients for health and safety of the attendee once they have booked to attend paid and free-of-charge classes, events, one-on-one sessions, services, and all other opportunities available by BLDY, our contractors, and referral-based partners.
Collection of Personal and Sensitive Information
For the purposes of this Privacy Policy, “Personal Information” is defined under the Act and characterized as being information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from that information or opinion. “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.
The types of Personal Information generally collected by us include your name, address, date of birth, mobile and telephone numbers, email address, socials, credit card or bank account details, occupation and employer, driver’s license number, and emergency contact details. Personal Information is also collected when individuals provide business cards or other documentation to us containing such Personal Information, including completion of a Membership Agreement and a Health Questionnaire. Personal Information also includes information we collect in the course of providing the Services to individuals and via external communications.
We may also collect behavioral and/or statistical information about individuals or businesses in connection with the Services.
The types of Sensitive Information generally collected by us include (but are not limited to) information relating to health information, health issues, or any disabilities that are necessary to properly advise you about fitness training. The types of health-related information include medical history, whether individuals are using medication, smoke, or are pregnant, and other health-related information. We will obtain specific consent in circumstances where it is necessary to collect Sensitive Information.
Other Sensitive Information that may be required to be collected by BLDY may include health, immunization, vaccination, or other health information which ensures we are able to comply with our legal obligations or risk assessments. This includes, but is not limited to, obtaining vaccination and immunization records or information in respect of and in response to any pandemic or epidemic (including Covid-19) where government regulations or public health orders apply to the provision of Services.
Without limiting the way in which we may collect your Personal Information, this will generally occur in association with your use or utilization of the Services, if you make an enquiry about BLDY (either online, via telephone, or in-studio), or via generally dealing with us directly.
Use of Personal and Sensitive Information
Any Personal or Sensitive Information that we collect about individuals will be used and disclosed by us to provide the Services required or otherwise to enable us to carry out our functions.
We also collect your Personal Information so that we can carry out the following actions:
- To communicate with you, including about our Services and offers which might interest you.
- To provide you with information.
- To process payments by you or to you in connection with our Services.
- To create accounts, tax invoices, or receipts (electronic or otherwise).
- To provide your Personal Information to third parties in order for them to supply some aspect of the Services on our behalf.
- To consider and respond to communications or complaints made by you.
BLDY will disclose Personal Information to third-party business partners when they provide services to BLDY that are consistent with the terms of this Privacy Policy. When we outsource or contract out specific support services, our contractors may access individuals’ Personal Information. It is important to note that all our contractors are subject to strict confidentiality obligations. We take great pride in operating only with reputable business partners.
Personal or Sensitive Information that is in our possession is not subject to rent, sale, or any other disclosure to any other company or organization, except where otherwise lawfully permitted under this Privacy Policy or without prior consent of individuals where that consent is required by law. Individuals consent to our use and disclosure of their Personal Information where it is incidental to a sale of our business (or any part thereof) to a third party or where the Personal Information is or becomes de-identified as otherwise permitted. They also consent to Personal and Sensitive Information being disclosed to the BLDY support office, franchisees, and placed on an intranet that is accessible by the support office and owners. This is required to enable individuals to be recognized as a BLDY member or client.
BLDY will disclose Personal Information if it is under a legal requirement to do so (for example, under a court order, or if required under legislation), or if an authorized request is made from a law enforcement agency.
Information Provided by Employees
Any employment application provided to BLDY will be used solely for the purpose of analyzing or considering the suitability for an available position. Personal Information will only form part of an employee record if the application is successful. The Personal Information about employees will only be disclosed by BLDY if required by law to authorized government agencies i.e., Australian Taxation Office or as otherwise directed or consented to by the employee.
Any unsuccessful applications will remain on file to be revisited should suitable opportunities arise in the future. If required or requested by the applicant, applications (including the Personal Information contained therein) may be returned or permanently destroyed.
Online Platform Privacy
The Privacy Policy outlines our approach to online privacy issues regarding Personal Information collected through our Online Platforms. Our Online Platforms include, but are not limited to:
- Our website: www.balancedlifedeewhy.com.au
- Our digital, social channels or online applications (including the BLDY App) as developed from time to time.
- Our social media accounts or profiles, such as (without limitation) Facebook, Instagram, YouTube, and Twitter (but at all times being subject to the terms and conditions of use and privacy policies of the websites hosting those accounts or profiles).
- Any other online or digital platforms or software from which BLDY may provide the Services or you may communicate with BLDY.
BLDY will handle Personal Information collected online with the utmost care and will not knowingly use it in ways not explicitly consented to by you.
BLDY will handle Personal Information collected online consistently with the way that it handles Personal Information collected offline. Other matters specific to our handling of Personal Information online are set out below.
Cookies
No Personal Information is collected by BLDY when individuals visit our Online Platforms unless they choose to provide it to us (for example, by sending us emails through our Online Platforms). However, we may collect certain data that does not identify individuals (sometimes called “web log information”) when they visit certain pages (such as the type of browser and operating system they have). We may also use “cookies” which are small files that are stored on the computer and that manage the security and navigation process of the site. Users can choose to block these cookies, but some portions of the site may not function correctly if they do. This type of data is collected for statistical purposes only, and while cookies will identify a computer, they are unlikely to identify users personally.
Email/SMS Marketing
We will not distribute our marketing material via SMS unless customers have consented to this. This is a requirement of the Spam Act 2003 (Cth). Further, you can unsubscribe from our e-newsletter or other bulletins by using the “unsubscribe” facility contained in each electronic publication we send. Occasionally, BLDY may send promotional email messages to prospective customers to market a service or activity. This will only be done on the reasonable belief that customers would be interested in the subject matter. In every case, customers will be provided with clear and simple instructions on how to be removed from our mailing list.
Terms and Conditions – Health & Safety Waiver
In consideration of being allowed to participate in all access group classes, one-on-one, activities, events, and programs by BLDY and to use the facilities and equipment owned and/or under the control of BLDY, in addition to the payment of any free or charged classes, by signing up and attending I do hereby waive, release and forever discharge Balanced Life Dee Why (collectively Balanced Life, BLDY) from any and all responsibility or liability for injuries or damages resulting from my participation in any activities or my use of equipment or facilities in the above-mentioned activities.
I understand and am aware that strength, flexibility, and aerobic exercise, including the use of equipment, in the BLDY studio and outdoors, are potentially hazardous activities. I also understand that exercise and fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities and using equipment and facilities with the knowledge of the dangers involved. I hereby agree to expressly assume and accept all and any risks of injury or death.
I am aware that I have the right to request advice from any of the Balanced Life staff, at any time, in relation to the activities and exercise being undertaken and, but not exclusively, their suitability for me, with particular regard to my health and clothing. If I choose not to take advice, or to disregard any advice so given, I do so voluntarily and accept liability for all resulting injuries or damage.
I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment or facilities except as herein stated. I confirm that I have made the Body By Berner staff aware of physical or mental reasons that I should not participate in exercise activities.
I acknowledge that I have either had a physical examination and have been given my doctor’s permission to participate, or that I have decided to participate in activity and use of equipment and machinery without the approval of my doctor and do hereby assume all responsibility for my participation and activities, and utilisation of equipment and machinery in my activities.
Participation for prenatal clients is solely at your own risk. If you are past your first trimester, have had no complications, and have been advised by your doctor that you are capable and healthy, you are permitted to attend classes that are prenatal-friendly classes. If there is any concern, discomfort, or uncertainty, it is recommended not to participate.
Please follow the following guidelines when attending classes or sessions at BLDY:
- Wear appropriate clothing for exercising indoors.
- Bring any medication you may need.
- Bring adequate water (1 liter is recommended).
- Tell the instructor if you have any injury, ill health, or may be pregnant.
- Ensure emergency contact details are up to date.
- Listen to exercise instructions.
- Ensure that you are in good health and do not suffer from any condition or physical impairment which could prevent you from completing the sessions safely.
- Notify BLDY staff prior to commencing any session of any condition or impairment, which could prevent your safe participation in the exercise programme.
Site Security Policy
Our Online Platforms use up-to-date technology to maximize the security of users’ Personal Information. BLDY places importance on the security of all information associated with our customers. Our security and this Privacy Policy are continually reviewed and updated, and the user information is accessed by authorised personnel. We aim to prevent accidental manipulation, destruction, use, disclosure, loss, or unauthorised access of Personal Information and/or data.
Apple Health & Google Health
Our Online Platforms (and particularly the BLDY application) contain capabilities of collecting your Personal Information and Sensitive Information via the use of those Online Platforms. Specifically, this may occur via the integration between the BLDY Online Platforms (including our API) and third-party affiliated applications such as Apple Health or Google Health.
The collection of Personal Information via any third-party integrated or affiliated applications and/or software will be subject to the privacy policies and practices of those third parties. The Apple and Google privacy statement and information may be obtained via:
Hyperlinks to Other Websites
Our Online Platforms may contain links to other websites which we do not control; they are not covered by our Privacy Policy. If users access other websites using the links provided, operators may collect information from users and use it in accordance with their own privacy policy, which may differ from ours. We have no control over the types of information third-party site owners choose to collect and how they use it.
Social Networking Acceptable Use Policy
BLDY encourages all comments on any of our social networking pages (Facebook, Instagram, YouTube, Twitter, etc.), as we would like to hear from our followers, customers, fans, clients, friends, and staff. Customer views, news, ideas, insights, and criticisms about BLDY are very important to us, yet the social networking sites must not be used to abuse others, expose others to offensive or inappropriate content, or for any illegal or unlawful purpose.
It is the user’s responsibility to protect their personal privacy when using our social networking pages. We advise users not to include any Personal Information of either themselves or others in their published posts or comments (such as email addresses, private addresses, or phone numbers).
In addition, it is recommended to refrain from posting materials to any of our social media pages or profiles that infringe the intellectual property rights of others and not to include internet addresses or links to websites, or any email addresses in such published posts.
Any information posted to the BLDY Social Networking pages (Facebook, Instagram, YouTube, Twitter, and others) is recorded and used for the purpose of administering pages and addressing any comments made, while no attempt will be made to identify users except where authorised by law.
We are not responsible for the privacy practices or content of social networking pages (Facebook, Instagram, YouTube, Twitter, and others). The responsibility of BLDY is limited to our own published posts made on the official BLDY social media accounts.
De-Identified Information
We may use your Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business. We may also provide, including by way of sale, de-identified information in aggregated form, to third parties. This information may include (but is not limited to):
- Age demographics.
- Purchasing trends.
- Trends and statistics in relation to the Services.
- Statistics about purchasing patterns of the Services.
- Statistics surrounding the Services.
When your Personal Information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.
Security
We use all reasonable endeavours to secure any Personal or Sensitive Information that we hold and aim to keep this information accurate and up-to-date. Technical and organisational security measures are in place to ensure the security of information and to protect it against deliberate or accidental manipulation, destruction, use, disclosure loss, or unauthorised access.
Personal and Sensitive Information is stored behind industry-standard firewalls and, where applicable, protected by usernames and passwords. Where appropriate, Personal and Sensitive Information is kept within a locked storage room.
Changes to Privacy Policy
BLDY reserves the right to change this Privacy Policy without prior notice. Any changes to the Privacy Policy will be posted on the BLDY website or via our other online platforms, or we may decide to inform you via other means, such as by way of direct email communication. In order to remain updated and informed on the protection of Personal and Sensitive Information, we encourage users to review this Privacy Policy regularly. If, at any time, you have questions, comments, or concerns about our privacy commitment or our privacy obligations, please contact us.
Access and Correction of Your Personal Information
The access to Personal Information that we and/or our contractors hold can be obtained on request. It is at the discretion of BLDY to provide this information to individuals, depending upon legal circumstances or our obligations. Users are entitled to tell us if they do not wish us to hold their information, and we will remove all such information from our database. Individuals also have the right to ask us to correct information about them which is inaccurate, incomplete, or out of date.
If you wish to seek access to, correction of, or deletion of Personal Information that BLDY holds about you, please contact us at info@balancedlifedeewhy.com.au in writing. It is important to us that the Personal Information we hold about you is accurate, complete, and up-to-date.
Contact Details and Complaints
You can either provide a written request or complaint at our studio, or you can contact by email at info@balancedlifedeewhy.com.au.
This Privacy Policy applies to BLDY, its employees, members and clients, contractors, community, and referral partners. If we decide not to correct or provide you with access to your Personal Information, we will give you our reasons for our decision.
If you have a complaint about the way we have dealt with your Personal Information, please contact us via the details available in this section of this Privacy Policy. We will make all reasonable attempts to respond to your complaints or requests.
CCTV Cameras and Surveillance
We undertake ongoing video recording in the BLDY studio building for the purpose of ensuring security and the safety of all members and occupants, recording the time and date at which images are taken.
Video recordings can be accessed only by authorised security staff. Video recordings of a specific incident may be released to the NSW Police Service only under the terms of this policy or subject to the execution of a search warrant or other legal process and only with the approval of BLDY Directors.
This Privacy Policy contains specific provisions applicable to users using services in or accessing our Sites or Apps from Australia.
More Information
If you have any questions about anything in this Privacy Policy, or about our collection or personally identifiable information, or information generally, please contact BLDY as follows:
Balanced Life Dee Why
Suite 25, Level 1, 888 Pittwater Road.
Dee Why. NSW 2066, Australia
0410 577 997
info@balancedlifedeewhy.com.au
This Privacy Policy was last revised on 6 October 2024.