Fitness Australia Pty Ltd ACN 131 422 403 (Fitness Australia, we, our or us) appreciates the importance of protecting your personal information and recognises the trust placed in us when you supply your personal information to us.
Fitness Australia will control the collection, security, quality, use and disclosure of personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act).
Definition of personal information
The expression 'personal information' is defined in the Privacy Acts as information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Collection and use of personal information
The kinds of personal information that we collect and hold about you depends on the transactions you undertake with us.
The kinds of information that we collect and hold may include:
- contact details (i.e. contact address(es), contact number(s), email address)
- date of birth
- language(s) spoken
- Aboriginal and/or Torres Strait Islander origin
- Insurance details (e.g. type of insurance and expiration date)
- qualification details (e.g. Certificate III in Fitness)
- First Aid/CPR certificate details (including expiration dates)
- registration categories (e.g. Personal Trainer, Gym Instructor)
- prior experience as a qualified professional
- employment details (i.e. current place of employment, work as a sole trader or individual)
- education provider details (i.e. registered training organisation, university or TAFE, and how qualification training was delivered)
- financial information (e.g. whether working in the fitness industry is your primary source of income)
- professional interest/practice areas/settings
- business type and services
- credit card details
- information about obtaining continuing education credits
- other information relevant to the fitness profession that may be of interest to Fitness Australia
- your internet service provider, computer or mobile device when use of our website or mobile app and you have enabled 'cookies', 'web beacons' and/or other technologies
Typical situations when Fitness Australia will collect personal information from you, is if you:
- apply to join Fitness Australia as a member or register as an exercise professional
- register with us for continuing professional development activities
- subscribe to our newsletters, magazines or other publications
- register or renew through the website
- register for an event
- purchase a product
- use our website or mobile app
How Fitness Australia collects personal information
As far as possible, Fitness Australia will collect your personal information directly from you unless it is unreasonable or impracticable to do so. If Fitness Australia collects information about you from someone else, Fitness Australia will, whenever reasonably possible, make you aware that Fitness Australia has done this and circumstances of that collection.
In particular, Fitness Australia will collect personal information about you in the following circumstances:
Collection from third parties:
Fitness Australia will collect personal information from external service provider to whom Fitness Australia has contracted out for specific purposes. Fitness Australia will also collect personal information from third parties who offer products and services to Fitness Australia's members or registrants.
Fitness Australia will also collect personal information for handling complaints and disciplinary proceedings about members and registrants.
If you obtain services from third parties in conjunction with membership or registration with Fitness Australia, the third parties may provide personal information such as the general nature of the work and costs, as far as it is permitted by law.
Collection from use of website or mobile app
If you use our website or mobile app, we may utilise 'cookies' and any other technologies, which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website / mobile app. A cookie or similar technology 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.
Generally, the purpose of collection and holding personal information, and the minimum information you need to provide, will be conveyed to you at the time of collection.
If we collect sensitive information about you, we will only do so with your consent, unless consent is not required by law. Sensitive information is defined in the Privacy Act and includes information about your membership in a professional association such as Fitness Australia, health information and race origin.
You do not need to identify yourself when you deal with us (e.g. enquiring about membership or registration) but there are certain situations where we will only deal with individuals who identify themselves (e.g. providing fitness services). However, if you choose not to provide the personal information requested, we may not be able to provide you with the products/services you require.
Unsolicited personal information
- that the unsolicited personal information has been collected;
- the circumstances of that collection; and
If we could not have collected the personal information had we solicited it, we will destroy the information or ensure it is de-identified as soon as practicable.
Purpose of collection, storage, use and disclosure of personal information
The purposes of collecting, storing, using and disclosing your personal information may be to:
- verify your identity
- fulfil our functions as the peak body of the fitness industry
- provide the products and services you have requested
- administer and manage service offerings, including charging, billing and collecting debts
- research and development of Fitness Australia's products and services
- maintain registration and membership records
- gain an understanding of your information and communication needs to provide you with a better service
- provide access to information about current and future services and benefits
- conduct research surveys and consultation to identify and analyse the ongoing needs of members and the industry
- provide Fitness Australia partners with information so that they may contact you in relation to their products and services
- handle complaints about members or registrants
- handle and conduct disciplinary proceedings on members
- inform the public of your membership or registration status
- publish a Register of Exercise Professionals, Business Directory and Industry Directories (which are explained further below)
- tell you about products and services that may be of interest to you
We may use or disclose your personal information for the purpose of direct marketing. That is, to promote our products or services or those of third parties.
You expressly consent to the use or disclosure of your personal information for direct marketing purposes. You also expressly consent for Fitness Australia to disclose your personal information to our business partners or other third party providers to facilitate their sending direct marketing communications to you.
Disclosure of personal information to third parties
In addition for the direct marketing purposes referred to above, we may disclose your personal information to third parties, which may include:
- external service providers to whom we have contracted out functions, such as printers, mailing houses, advertising agencies, but only for the purpose of providing the service we have contracted out
- our business partners that provide products and/or services to our members and/or registrants
- government and regulatory authorities and other organisations, as required or authorised by law
- our professional advisors
- our related companies
- other professional bodies
In these situations, Fitness Australia prohibits the third party contractors from using personal information about you except for the specific purpose for which Fitness Australia supply it. We will not disclose your personal information to business partners as described in this section above, if you advise us that you do not wish us to. Please refer to our contact details set out below.
Other than the above, Fitness Australia will not disclose your personal information without your consent unless disclosure is either necessary to lessen or prevent a serious threat to the life, health or safety, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity or serious misconduct.
Disclosure and use of personal information for the Register, Business Directory and Industry Directories
Fitness Australia may disclose your personal information through a Register of Exercise Professionals (Register) and Directory (Business Directory) [and Industry Directories (Industry Directories)]. The Register and Directories are available to be searched by the public through our website.
The purposes of the Register are:
- to enable consumers, employers, health funds, health professionals or other parties to:
- check whether an exercise professional is registered with Fitness Australia and to search for a professional by location, role (registration category), knowledge and skills
- understand and recognise the specific expertise (qualifications, knowledge, skills and experience) that are available in the fitness industry
- understand professional scope of practice, code of ethics and associated professional roles and responsibilities
- to promote compliance with evidence based industry standards and currency of registration including continuing education and first aid and CPR obligations
- support high quality and safe delivery of professional services
The purposes of the Business Directory are to:
- enable consumers, employers, health funds, health professionals or other parties to:
- check whether a business is a member of Fitness Australia and to search for a business by location and service type
- understand and recognise the diversity of services that are available in the fitness industry
- promote compliance with Fitness Australia’s Business Principles and Guidance for Fitness Businesses, and evidence based industry standards
- support high quality and safe delivery of fitness business services
The purposes of the Industry Directories are to:
- enable exercise professionals or fitness business manager/owners to search for and find the products or services they need to deliver successful, high quality and safe fitness services
- provide suppliers and approved CEC providers with a platform that will enable them to increase their profile and promote their products or services to the fitness industry
You may opt out of having your personal information published through any of the Register or Directories at any time by writing to us.
If your details are published in the Register or Directories, and you choose to withdraw your consent to have your personal information published in the Register or Directories, employers and potential clients will not be able to confirm your registration or membership status unless they contact us directly. In addition, if you are a registrant or a member and choose to withdraw your consent to allow third parties to contact you via the Register, health fund providers may not be able to refer clients to you.
If you are no longer a member of ours or registered with us, we will retain and disclose your personal information for the purposes described above for a two year period before deleting or de-identifying it.
How Fitness Australia holds personal information
Once we have collected personal information from you, Fitness Australia transfers data to our servers in the [United States of America] for storage and processing. You consent to that transfer. As the Register and Directories are publically available online, it can be viewed on the internet unless you have told us that you do not want your information to appear in the online Register and Directories.
Please also refer to our policy on data quality and security below.
We take all reasonable precautions to ensure that personal information about you collected by us is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide.
We require that you:
- let us know if there are any errors in your personal information; and
- keep us up-to-date with changes to your information.
We will take reasonable steps to ensure that your personal information is protected from misuse, loss and from unauthorised access, modification or disclosure.
If we no longer need your personal information for any purpose for which the information may be used or disclosed or required by law, we will take reasonable steps to destroy the information or ensure that the information is de-identified.
Access and correction of personal information
You can request access to, or ask us to correct, personal information about you that we hold by making a request in writing to Fitness Australia. We will respond to your request within a reasonable period after the request is made.
Members and registrants can access and update their contact details and profiles by logging in to our website.
Resolving your concerns
If you wish to gain access or seek correction to your personal information, have complaints about a breach of the Australian Privacy Principles (APP) or a registered APP code (if any) that binds Fitness Australia, or you have any questions or concerns on how your personal information is handled, please address the issues to:
PO BOX 6453 Alexandria NSW 2015
t. 1300 211 311
Fitness Australia will respond to your request, complaint or inquiry within a reasonable period.
For more information about privacy issues in Australia and protecting your privacy, visit the Office of Australian Information Commissioner's website on www.privacy.gov.au