Privacy Policy

Oxigen aims to provide the best possible service across our wide range of healthy living services. To achieve this aim, we need to make the most efficient use of all personal information that is provided to us on a confidential basis.

We are committed to ensuring the confidentiality and privacy of all personal information we collect during the conduct of our business. In relation to managing personal information, we abide by the National Privacy Principles contained in the Privacy Act 1988 (Cth) and other fair privacy principles complied with such as the "Safe Harbour Privacy Principles" and Health Records and Information Privacy Act 2002 (NSW) (or HRIP Act).

Who is Oxigen?

Oxigen Mind & Body Fitness Pty Ltd ACN 114 991 123 provides (insert description of business and services).

What is Personal Information?

Personal information is any information about an individual that identifies the individual or by which the individual's identity can be reasonably determined including Health Information. Health Information is a specific category of personal information, that is, information or an opinion about the physical or mental health or a disability of an individual. It includes information or an opinion about:

  • a health service provided, or to be provided, to an individual
  • an individual's express wishes about the future provision of health services to him or her
  • other personal information collected in connection with the donation of human tissue
  • genetic information that is or could be predictive of the health of an individual or their relatives or descendants

How do we collect Personal Information?

Collection of personal information is essential for Oxigen to be able to conduct its business. If we do not collect and make use of personal information, we are unable to provide products or services to you. Where possible, personal information is collected directly from you and collection may also take place by:

  • personal information you give us when you request a product or service from us. This information may include details about your health, evaluations of your fitness, your opinion/preferences about specific products and services, your name, address, telephone numbers, email address, credit card details
  • communications between you and us
  • transactional information about your use of our products and services
  • provision by a third party
  • searching local, state or federal authorities
  • information received from you by letter, facsimile or email

Your consent will usually be required in writing but we may accept your verbal consent in certain circumstances. Sometimes your consent may be implied through your conduct with us, such as when participating in the services we provide to our clients. If you do not provide us with your personal information, we will be unable to do one or more of the above (including being unable to accept any service requests.

We will assume you consent to management of your personal information in the manner specified in this Privacy Policy (which may change from time to time) until you tell us to the contrary by contacting us using our contact details below.

How do we Use the Personal Information?

We collect your personal information so that we can use it for our functions and activities which include, amongst other things:

  • being aware of any special product and service requirements you may have
  • developing a personalised fitness program
  • advising you of any changes to our products and services
  • confirming your identity when you contact us
  • addressing any feedback or complaints you may have
  • answering any queries you may have
  • any purposes for which it was requested and directly related purposes; and
  • developing, improving and marketing our products and services

We may distribute your personal information within our company and/or disclose it to third parties in connection with our normal business operations:

  • to others that you have been informed of at the time any personal information is collected from you
  • to our business associates and others for purposes directly related to the purpose for which the personal information is collected
  • to the Fitness Centre's management and personnel
  • to our professional advisors and other contractors (for example IT consultants, Fitness consultants, Personal Trainers and mailing houses); or
  • with your consent (express or implied), to others

We may also obtain personal and other information from some or all of the above to enable us to provide our services or products to you. When we obtain personal and other information from third parties whom we are referred to by you, we will assume and you will ensure that you have made that third party aware of the referral of the persons and purposes involved in the collection, use and disclosure of the relevant personal or other information. However, we do not disclose any personal information for any other purposes without your consent unless required by law.

Direct Marketing to you from Oxigen

From time to time we may use your personal information to provide you with information about us and the services we can offer you. If you do not want to receive any of this information, contact us at one of our offices. If you inform us that you no longer wish to receive information about the market, we will not send you any further material. You can however, change your mind about receiving this market information at any time - either way, you just need to let us know. Oxigen does not disclose your personal information to any parties outside Oxigen for the purposes of allowing them to direct market their products or services to you.

Disclosure of Personal Information to Third Parties

Oxigen may disclose your personal information in certain circumstances. Sometimes we are required or authorised by law to disclose your personal information. For example, we may disclose your personal information to a Court in response to a subpoena. Generally, we will not disclose personal information to a party outside Oxigen, unless that party is contracted to Oxigen to provide administrative services or activities on our behalf. In those circumstances that party is bound by the same privacy rules we follow.

Ensuring your personal information is up-to-date

We rely on personal information we hold about you to efficiently conduct our business. Therefore, it is important that the personal information collected is accurate, complete and up-to-date. If you think we have incorrectly recorded your personal information please contact us so we can correct that information.

Security of Your Personal Information

We take all reasonable precautions to safeguard personal information from loss, misuse, unauthorised access, modification or disclosure are taken as follows:

  • external and internal premises security
  • restricted access to personal information
  • confidentiality agreements with contractors and third party organisations
  • maintaining technology products to prevent unauthorised computer access

We are committed to taking all reasonable steps to ensure that:

  • our clients are informed with privacy statements that are easy to find, written in clear and understandable language
  • our privacy statements clearly describe the extent and primary purposes for all collection and use of personal information
  • any privacy statement changes are prominently noted
  • our privacy statements will explain what effect the changes have concerning consumer information and will be dated to show when the policy is effective
  • our clients have meaningful choices and control over their information. We endeavour to provide easy-to-use information and update processes for consumers to tell us how they want their information to be used or shared
  • our clients are able to review their information and have ways to change information about them easily. We endeavour to provide an easy to use process for update and correction of personal information. We will only refuse a request for access to personal information when permitted by law and, in the unlikely event that this occurs, will give a written explanation for our decision
  • our clients are informed of security used to protect their data through strong measures incorporated in a security program designed to protect consumer information from unauthorized access, use, or disclosure

    • Access to your Personal Information

    In most cases, a summary of your personal information held by us, such as your name and address details, contact telephone numbers, are freely available to you by calling our office.

    If you make a request for more detailed personal information, for example, access to information held in archives, you may incur a fee to cover the cost of retrieval and the supply of this information to you.

    All requests for access to personal information will be handled as quickly as possible and we shall endeavour to process any request for access within 30 days of having received the request. Some requests for access may take longer than 30 days to process depending upon the nature of the personal information being sought.

    Oxigen may be required by law to retain personal information for a period of time after you have ceased your relationship with us.

    Oxigen is not always required to provide access to personal information upon request. Access may be refused in a number of circumstances such as:

    • where the information may relate to existing or anticipated legal proceedings
    • where required or authorised by law
    • where the request is regarded as frivolous or vexatious

    If access is denied, we will explain why.

    Identification

    A Commonwealth identifier is a Commonwealth Government or Commonwealth Government agency designated identification number such as your Tax File Number (TFN) or Medicare number.

    Oxigen does not use Commonwealth identifiers as a means of identifying the personal information that we may have collected about you.

    Sensitive Information

    If personal information concerns particular topics it is regarded as sensitive information.

    Sensitive information can be information about:

    • racial or ethnic origin
    • political opinions
    • membership of a political association
    • religious beliefs or affiliations
    • philosophical beliefs
    • membership of a professional or trade association
    • membership of a trade union
    • sexual preferences or practices
    • criminal record
    • health

    Oxigen only collects health information from you to be able to provide the appropriate services and products to you. We do not disclose it to anyone without your consent.

    Access via the Internet

    The Internet has brought many improvements in the way Oxigen is able to do business. Oxigen is continually maintaining and upgrading technology and procedures in this respect to its online services. For more information about the Oxigen website please visit www.oxigenfitness.com.au.

    Oxigen retains the right to collect any information from any visitor to the Oxigen web site typically but not exclusively for the better understanding of its visitors. For example, how often a visitor goes to a specific page can assist us in focussing our business to the interests and needs of our visitors. Any visitor to the Oxigen web site who provides any information to Oxigen agrees that Oxigen has the right to use that information and the information provided by the visitor shall be deemed to be non-confidential. Oxigen agrees not to knowingly give any information provided by any visitor to a third party.

    Oxigen like a number of other commercial websites stores information in a small text file on your hard disk known as a cookie. The information stored in the cookie includes your preferences and choices you make while visiting the Oxigen website. Please check your web browser to ensure that you have consented to the use of cookies during your web browsing. Please note that we do need cookies for you to be able to properly access our website.

    We use IP addresses to gather statistics and to assist in the administration of our website. This enables us to analyse trends, track your movements and gather broad demographic information. Please note that IP addresses are not linked to personally identifiable information.

    For further information on our website please visit it at www.oxigenfitness.com.au.

    Privacy Policy changes

    Oxigen constantly reviews all its policies and procedures to keep up-to-date with changes in the law, technology and market practice.

    As a result we may change this Privacy Policy from time to time.

    This Privacy Policy was last amended September, 2008.

    Concerns or requests for access?

    If you have a question about this Privacy Policy, wish to lodge a request to access information, or lodge a complaint, you can contact the Chief Executive Officer as follows:

    Oxigen mind& body fitness Pty Ltd CAN 114 991 123
    Shop 6-8, 4 Ilya Ave
    Erina NSW 2250
    AUSTRALIA
    Ph: 02 4367 6433
    Fax: 02 4367 8433
    E-mail: oxigen@oxigenfitness.com.au
    Website: www.oxigenfitness.com.au

    If we decide not to correct or provide you with access to your personal information, we will give you our reasons for our decision.

    Complaints

    If you have a complaint about the way we have dealt with your personal information, please contact us at the above telephone numbers and ask to speak with our Centre Manager or visit our website mentioned above.

    We will make all reasonable attempts to respond to your complaints or requests.

    If you are not satisfied with the result of your complaint to Oxigen, you can refer your complaint to the Federal Privacy Commissioner, who can be contacted:

    By telephone: 1300 363 992

    By writing to: Director of Complaints
    Office of the Federal Privacy Commissioner
    GPO Box 5218
    Sydney NSW 1042