Privacy Policy

Privacy Policy

The Cave Gym Pty Ltd ACN 605 507 033 ("us", "we", "our", the “Company” or “The Cave Gym”) has created this privacy policy (“Privacy Policy”) to give you confidence as you visit and use our services online and offline, and to demonstrate our commitment to fair information practices and the protection of privacy.

This Privacy Policy is only applicable to information we obtain in the course of our business, including though our website, our mobile app, The Cave Gym branded fitness clubs (“The Cave Gym Clubs”), our social media accounts, communications with The Cave Gym, and other online and offline offerings (collectively, the “Services”). This Privacy Policy does not apply to any third-party products, services or websites that you may be able to access via the Services, which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. This Privacy Policy supplements and forms a part of The Cave Gym Terms and Conditions (the “T&Cs”). Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the T&Cs.

By using our Services, you agree to the collection and use of information in accordance with this Privacy Policy.

This Privacy Policy applies to any and all services offered by The Cave Gym Pty Ltd ACN 605 507 033. 

Statement of Commitment

The Cave Gym complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and is committed to protecting your privacy and any personal information it collects. This Privacy Policy explains how The Cave Gym may collect, use, disclose, store and otherwise handle personal information (and where applicable, sensitive information), including how you may access such information held by The Cave Gym. 

This Privacy Policy is applicable to The Cave Gym Clubs within Australia only.

Consent

The Cave Gym is committed to safeguarding personal privacy. The Cave Gym recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously by The Cave Gym. Unless given consent to do otherwise, The Cave Gym will only collect and use personal information as set out below in this Privacy Policy.

Notwithstanding the above, this Privacy Policy applies to your personal information regardless of the way in which The Cave Gym collects it. By submitting information to The Cave Gym or by otherwise accessing or using The Cave Gym websites or social media platforms, you consent to The Cave Gym using and disclosing your personal information in the ways described in this Privacy Policy.

Your Personal Information

Personal information is collected by The Cave Gym where necessary or related to one or more of its functions or activities. The types of personal information collected may depend on the type of interaction that you have with The Cave Gym, and includes but is not limited to:

• name and contact details;
• age and date of birth;
• emergency contact details;
• debit/credit card details, bank account details and/or tax file numbers;
• health or medical information – if you intend to use one of The Cave Gym’s venues or services in a manner for which your health status may be a consideration;
• where applicable, your driver’s licence, vehicle registration and insurance details;
• where applicable, your student identification details;
• payment history;
• whether you are a member of one of The Cave Gym commercial partners with whom The Cave Gym organises discounts or other promotional arrangements for members and customers;
• your image, if you are photographed at one of The Cave Gym venues;
• bankruptcy details;
• health fund details;
• sensitive information; and
• if you apply for a job in one of The Cave Gym businesses, details about your education, employment history, membership of professional associations, referees and next of kin

Collecting Personal Information

The Cave Gym will only collect your personal information (including sensitive information, where applicable) by lawful and fair means including directly from you or authorised third parties. The Cave Gym may also use the information for a variety of reasons, such as for marketing to you, or for any other purpose permitted under the Privacy Act 1988 (Cth).

The Cave Gym may collect your personal information in a number of ways, including but not limited to:

• when you send The Cave Gym an e-mail, “contact us” message, or any other form of written enquiry;
• via mobile sites, applications, widgets and other mobile interactive features, for example when you provide feedback via a QR Code application;
• via The Cave Gym’s official social media pages that it controls, such as the official pages for The Cave Gym’s various businesses on Facebook, Twitter and Instagram;
• when you visit or telephone one of The Cave Gym’s venues to ask about The Cave Gym’s services;
• when you sign up to use The Cave Gym’s services, whether online or in person;
• when you make a booking at one of The Cave Gym’s venues;
• when you enter a promotion, competition, provide feedback or participate in a survey, market research or other promotional activities which The Cave Gym (or one of its agents) conducts;
• when you sign up to receive The Cave Gym’s newsletters or marketing material;
• if your photograph is taken at one of The Cave Gym’s venues; and
• when you submit an application for a contract or employment with The Cave Gym.

Personal information may be requested for a variety of reasons, including but not limited to; enabling The Cave Gym to provide a service or product requested by a member or prospective member, or to update information presently held on file. You are not obligated to provide the requested information, however failure to do so may result in The Cave Gym being unable to provide services to you.

Some of The Cave Gym’s venues have surveillance cameras which may capture your image on film. This information may be used in respect of management and security at The Cave Gym’s venues and may be provided to law enforcement and government bodies for such purposes. 

The Cave Gym may also collect information (including sensitive information, where applicable) from third parties, including but not limited to the following third parties:

• someone duly authorised to act on your behalf;
• your personal trainer;
• The Cave Gym’s commercial partners with whom The Cave Gym organises discounts or other promotional arrangements for members and customers;
• parents or guardians of underage members;
• a current member who undertakes to have obtained your prior consent (via refer a friend initiatives); 
• debit and payment service providers who process transactions on behalf of The Cave Gym’s businesses;
• the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); 
• public sources (directories, client lists, professional and trade associations, bankruptcy or court registry searches); 
• your employer with whom The Cave Gym may have negotiated a corporate partnership;
• market researchers and direct marketing providers;
• The Cave Gym’s official pages on social media platforms and from people with whom your are friends with or otherwise connected to on social media platforms; and
• recruiters The Cave Gym has retained, and from referees you have provided in support of a job application.

Collecting Sensitive Information

For the purposes of this Privacy Policy sensitive information is a subset of personal information and means the information a member has disclosed to The Cave Gym about their physical and mental health and wellbeing.

Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required, as set out in this Privacy Policy.

Anonymity and Pseudonyms

You don’t need to identify yourself when you deal with The Cave Gym. However, in certain situations The Cave Gym will only deal with individuals who have identified themselves to The Cave Gym.

If you do not provide The Cave Gym with certain information required, The Cave Gym may not be able to provide you with access to its services or products, or respond to your request or communication.

Anonymity and pseudonyms

The Cave Gym uses tracking technologies such as cookies or web beacons to make use of its website and services as convenient as possible. Cookies are pieces of information that a website transfers to a computer's hard disk for record keeping purposes. A web beacon is a technical method that sends information related to the access to websites, when you browse websites, or open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user's browser. These tracking technologies allow The Cave Gym to monitor The Cave Gym website, and to record how many people are using the different parts of the site. It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by The Cave Gym’s website.

All of The Cave Gym’s websites use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help the website analyse how users use the website. This information generated by the cookie about your use of one of The Cave Gym’s website (including your IP address) will be transmitted to and stored by Google on servers in the United States of America. Google will use this information for the purpose of evaluating your use of The Cave Gym’s website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using The Cave Gym’s websites, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Further information may be obtained via Google’s privacy policy located on its website at www.google.com

Using and Disclosing your Personal Information

Personal information (including sensitive information, where applicable) may be used by The Cave Gym for any of the following primary purposes:

• to render services and provide products to a member or prospective member;
• to respond to a query or feedback;
• to provide information about products, services and/or special offers to a member or prospective member;
• to obtain opinions or comments about products and/or services from a member;
• to record statistical data for marketing analysis from a member;
• to process and consider an application for employment;
• to promote and market all current and future The Cave Gym businesses, venues, products and services and to inform members about the products and services of The Cave Gym’s commercial partners;
• to assist with The Cave Gym’s internal business processes;
• to conduct market research and/or to improve The Cave Gym’s products and service offerings;
• to administer contests, promotions and surveys;
• for any other purposes that could be reasonably expected of The Cave Gym; and
• to enable The Cave Gym to comply with its obligations under law.

The Cave Gym may employ or contract other companies or service providers to assist in providing The Cave Gym’s services, including but not limited to; marketing, market research, mail-house services, hosting and product development services, analysis of client lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function(s) and cannot use that information for other purposes beyond those functions.

The third parties to which The Cave Gym may disclose personal information to includes:

• related entities of The Cave Gym;
• fitness education providers (with your prior consent)
• contractors, agents and suppliers The Cave Gym engages to provide products and/or perform services;
• commercial partners with whom The Cave Gym has agreed information sharing arrangements with;
• The Cave Gym’s professional advisors such as legal professionals and accountants;
• law enforcement bodies;
• a purchaser of all or part of The Cave Gym’s business; and
• any other person for any other purposes that would be reasonably expected (including if required by law).

The Cave Gym does not sell your name or other personal information to third parties.

The Cave Gym recognises the trust with which individuals provide personal information, and such information (including sensitive information, where applicable) will not be used or disclosed for any other purposes beyond those set out in this Privacy Policy without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of The Cave Gym, any The Cave Gym group company, or any member of the public, or to lessen a serious threat to a person's health or safety.

Contact by The Cave Gym

You may opt out of receiving promotional communications from us by contacting us via email at info@thecavegym.com.au, or following the unsubscribe link or instructions provided in any email we send.

Individual's Right of Access

The Cave Gym endeavours to ensure that personal information collected and used is accurate, complete and up-to-date. However, the accuracy of information is dependent to a large extent on the information provided to The Cave Gym. Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on The Cave Gym database. 

Information may be reviewed, amended or deleted by contacting The Cave Gym via email at info@thecavegym.com.au.

Alternatively, if you hold an online account with one of The Cave Gym’s businesses, you may be able to access your personal information held via your online account. 

A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where the information is required for legal reasons. Deletion of information may result in The Cave Gym being unable to sell products directly and/or provide certain services including after sales services.

If The Cave Gym refuses your request to access personal information, within thirty (30) days of receiving your request, The Cave Gym will provide a written notice within a reasonable period, setting out the reasons for the refusal and how you can make a complaint in relation to the refusal. The Cave Gym may refuse such a request if granting access to information could result in any of the following:

• poses a serious threat to the life, health or safety;
• would have unreasonable impact on privacy of others;
• is frivolous or vexatious;
• relates to legal proceedings;
• reveals The Cave Gym’s intentions or prejudice any negotiations;
• would be unlawful;
• is required or authorised by law or court/tribunal order;
• is likely to prejudice enforcement related activities; or
• relates to a commercially sensitive decision process.

Storage and Security of Personal and/or Sensitive Information

The Cave Gym takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers (if in digital format), or in locked areas (if in hardcopy format). These repositories are protected in controlled facilities. The Cave Gym employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by The Cave Gym. The Cave Gym will only permit authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. The Cave Gym destroys or de-identifies personal information no longer needed by The Cave Gym, wherever possible.

The Cave Gym and Links to Other Website

The Cave Gym may provide links to web sites outside of The Cave Gym website. These linked sites are not under the control of The Cave Gym, and The Cave Gym is not responsible for the conduct of companies linked to the The Cave Gym website, nor for the performance or otherwise of any content and/or software contained in such external websites.

Problems, Queries or Complaints

For further information regarding this Privacy Policy or to make a complaint about the steps taken by The Cave Gym to protect your personal information or privacy, please contact The Cave Gym at info@thecavegym.com.au.

The Cave Gym will investigate any complaints received in writing and take all reasonable steps to resolve them as soon as possible.

Updates

The Cave Gym reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on The Cave Gym’s website.