Privacy Policy | ONYX Gym & Fitness
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Privacy Policy

Your privacy is important to us. This Privacy Policy sets out the obligations of ONYX Gym Pty Ltd (“ONYX”) with respect to how we collect, use, disclose, store, and manage your personal information, both through our website and offline.

ONYX is bound by the National Privacy Principles set out in Schedule 3 of the Privacy Amendment (Private Sector) Act 2000 (“the Act”). A copy of the National Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.

This policy is effective as of 28 February 2022.

Personal Information

The term “Personal Information” is defined by the Act as information or an opinion about you as an identified person or by which you can reasonably be identified.

The types of personal information collected by ONYX may include your name, address, mobile or telephone number, email address, date of birth, emergency contact details, bank account and/or credit card details, employment details, drivers licence details, relevant identification card details, health or medical information and your image/photo.

How we collect your Personal Information

Personal information we collect includes both information you knowingly and actively provide us when using or participating in any of our services and promotions, and any information automatically sent by your browser or device while accessing our products and services.

  1. Information you knowingly and actively provide
    ONYX collects the information you provide in person or through the website when you sign up for a membership or trial pass, complete an expression of interest or similar form, register for an event or competition, make a purchase, engage in an online chat, make amendments to your current membership, or enquire about the gym in person, over the phone, by email or other digital channels such as social media.
  2. Information from third parties
    ONYX may collect your personal information from other persons such as referrals, contracted service providers, member organisations, alliance partners or social media operators. We ensure that all third parties referring your personal information are authorised to do so and have agreed to inform you of who we are and that your information has been disclosed.
  3. Information from your browser or device
    ONYX collects information that is automatically sent to us by your web browser or mobile device. When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, other details about your visit, and technical details that occur in conjunction with any errors you may encounter.This information may not personally identify you, however it may be possible to combine it with other data to personally identify individual persons. Please be aware that while this information may not be personally identifying by itself, we may combine it with other data to personally identify you. Server logs and IP addresses may also be shared with the appropriate investigative authorities to trace and identify you for security purposes. For example, an intrusion into our network.
  4. Information collected by cookies
    A cookie is a small file that our website stores on your computer and accesses each time you visit, so we can understand how you use our website. ONYX uses cookies to collect information about you and your activity across our website. This helps us serve you content based on preferences you have specified, saves you the trouble of re-entering information already on our data base, or may be used for marketing activities such as targeted advertising.

    If you do not want this information collected, most web browsers allow you to reject the cookies. However, you may be unable to have full functionality of the features of our website if you reject our cookies.

CCTV Cameras and surveillance

ONYX Gym is under 24/7 surveillance and video recording for the purpose of the security and protection of all customers, visitors, staff, contractors and the facilities. By entering our premises, you consent to the video surveillance and storage.

Video surveillance can only be accessed by authorised staff and are not shared with any other parties, except for under the circumstances where it has been requested by the appropriate authorities for legal reasons. For example, legal investigations into a specific incident.

How we use your personal information 

Personal information will generally be used for the following purposes:

  • Provide the information, products, services and promotions you request;
  • Fulfil obligations and services under your membership agreement and/or any other contract between yourself and ONYX;
  • Conduct market or customer satisfaction research or surveys to improve ONYX’s products and service offerings;
  • Administer contests and competitions;
  • Provide you with information about other products, services, special offers and other information we believe will be of interest to you, but only where this is permitted with your consent;
  • Comply with legislative, regulatory and security requirements;
  • Record statistical data for marketing analysis;
  • Perform internal administrative and operational functions;
  • Manage ONYX’s rights and obligations in relation to third party debiting agents;
  • Market ONYX’s products and services;
  • Assist with ONYX’s internal business processes; and
  • For any other purposes that could be reasonably expected of ONYX to conduct its business.

How we disclose your personal information

We will disclose personal information where:

  • You have consented to the disclosure;
  • You would reasonably expect that your information will be disclosed; or
  • The disclosure is authorised or required by or under law, including circumstances where we are under a contractual or lawful duty of care to disclose information.

Your personal information may need to be disclosed to third parties to assist us in providing our products and services. Third parties may include:

  • Any contractor, agent or supplier ONYX engages to provide our products and services;
  • Alliance partners of ONYX whom we have agreements to promote our products and services;
  • Third-party debiting agents;
  • Professional advisors such as legal professionals and accountants; and
  • Regulatory bodies, government agencies, law enforcement bodies and courts.

Storage and security of personal information

‍ONYX takes all reasonable measures to secure and protect all personal information. Personal information is held securely either digitally in secure servers or locked away in secure facilities for paper/hard copy. We have controls in place to protect against unauthorised access, loss, theft, misuse, destruction, manipulation and disclosure of personal information. Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security. We will comply with laws applicable to us in respect of any data breach. However, we will not be held responsible for events arising from unauthorised access to your personal information.

How long we keep your personal information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this policy. If your personal information is no longer required, wherever possible, we will destroy it or de-identify it by removing all details that identify you. However, where it may not be reasonable to destroy or de-identify personal information, we will take all reasonable steps to continue ensuring it is stored securely. For example, where we need to retain your personal information for our compliance with a legal, accounting, or reporting obligation, or for research purposes or statistical purposes.

Children’s Privacy

We do not aim any of our products or services directly at children under the age of 16, and we do not knowingly collect personal information about children under 16.

How you can access and update your personal information

  1. Access
    You may request access to your personal information that we or a third party holds. We may request specific information from you to verify your identity before providing any access. Access will be provided where it is reasonable to do so, however, we may refuse your request for access in certain legal circumstances. For example, during a legal investigation. In any instance where access is refused, we will, where permitted by law, provide you with the reasons and details of the refusal.
  2. Update
    If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, you may request your personal information to be updated in our records. We may request specific information from you to verify your identity before making any updates and we will take reasonable steps to correct any information found to be inaccurate, out of date, incomplete, or misleading.

Concerns, questions or complaints

If you have a concern, question, or wish to make a complaint relating to the management of your personal information, please contact us via email. We will take all reasonable steps to promptly respond in writing to your concern, question or complaint. We may also need to speak with you via phone or in person to further understand the nature of your concern, question or complaint.

Changes to this policy

At our discretion, we may change our Privacy Policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If changes are made to this policy, we will provide the updated policy here, at the same link by which you are accessing this Privacy Policy.

Contact Us

You may contact us at the details below for any of the following reasons:

  • Request access to your personal information;
  • Update your personal information;
  • Raise a concern or complaint about the management of your personal information; or
  • Ask any questions relating to this policy, your privacy and the management of your personal information.

Email: train@onyxgym.com.au