Privacy Policy
This privacy policy applies to the collection, storage, use and disclosure of personal information by or
on behalf of VIVA Leisure Limited (ABN 76 607 079 792), an Australian registered company and the Global
Franchisor of Plus Fitness, as well as its International Master Franchisees, Franchisees, subsidiaries,
affiliates, and associated companies (Plus Fitness) regardless of their location in the world (referred
to in this policy as “Plus Fitness”, “our”, “we” or
“us”). In particular this policy details how we collect, use, disclose, store and enable
access to your personal information, be that members, franchisees or employees, including both offline
and online. Please read it carefully.
We are committed to protecting your personal information, and ensuring its privacy, accuracy and
security. We handle your personal information in a responsible manner in accordance with the Privacy Act
1988 (Act), the Australian Privacy Principles (APPs) and any State or Territory privacy legislation
enacted in your jurisdiction (see www.oaic.gov.au for more
information).
You do not have to provide us with your personal information. However, if you do not, we may not be able
to conduct business with you.
By using any of our products or services, visiting this website
(www.plusfitness.com.au), using our Member Application or
giving us your personal information, you agree to your information being collected, stored, used and
disclosed as set out in this Privacy Policy.
1. What do we mean by ‘personal information’?
References to ‘personal information’ or ‘sensitive information’ in this Privacy
Policy have the same meaning as in the Act. In summary:
Personal information means information or an opinion about an identified individual, or
an individual who is reasonably identifiable, whether true or not, and whether or not recorded in a
material form.
Sensitive information (a type of personal information), means information or an opinion
about an individual’s race or ethnic origins, political opinions and associations, religious
beliefs or affiliations, philosophical beliefs, sexual preferences or practices, trade or professional
associations and memberships, union membership, criminal record, health or genetic information or
biometric information.
When using one of our many applications, you may also consent to the provision of locational
(latitudinal and longitudinal) information.
2. Collection of personal information
a) Whose personal information do we collect?
We may collect your personal information from a range of sources, including from you, recruitment
agencies, contractors, business partners and government agencies. For example, we may collect your
personal information when you:
- request or acquire a product or service from us;
- provide a service or product to us;
- apply for employment with us; or
- communicate with us via our website, by e-mail, telephone or in writing.
Wherever reasonable and practicable, we collect personal information from the individual to whom the
information relates. If you provide personal information about someone other than yourself, you agree
that you have that person’s consent to provide the information for the purpose for which you
provide it to us. You also agree that you have told the person about this Privacy Policy and where to
find it.
b) What types of personal information do we collect and hold?
The personal information we collect includes:
-
names, addresses, e-mail addresses, phone numbers, other contact details, payment details, occupation
and other information to assist us in conducting our business, providing and marketing our products
and services;
- information about your health and fitness;
-
information about staff and directors, as required in the normal course of human resource management
and the operation of a business; and
-
information about current and previous Plus Fitness suppliers and clients with whom Plus Fitness has
dealings.
We will only collect your sensitive information:
-
if you have consented to us doing so — for example, as part of information collected about
directors and employees for company and human resource management purposes; or
- where required or permitted by law.
c) How do we collect personal information?
We only collect personal information by lawful and fair means. We usually collect personal information from:
- you attending our fitness facilities;
- face-to-face meetings, interviews and telephone calls;
- business cards;
- electronic communications — for example, e-mails and attachments;
- forms filled out by people, including as part of acquiring a product or service from us;
- third parties — for example, from recruitment agencies and your representatives or agents; and
- our website, including if you use it to contact us.
d) Why do we collect personal information?
We collect the personal information:
- necessary for us to provide you with the products and services you have requested from us;
-
for marketing purposes and to provide you with information about products and services that may be of
interest to you;
- to improve the products and services we provide; and
- to enable us to conduct our business, including meeting our legal and regulatory obligations.
If you do not provide your personal information, we may not be able to supply the requested product or
service, employ you or otherwise deal with you.
e) How we deal with unsolicited personal information?
If we receive personal information about you that we have not requested, and we determine that we could
not have lawfully collected that information under the APPs had we asked for it, we will destroy or
de-identify the information if it is lawful and reasonable to do so.
f) Do you have to disclose your identity when dealing with us?
Where lawful and practicable, we will give you the option of interacting with us anonymously or using a
pseudonym. However, this would usually only apply for general enquiries.
3. Use and disclosure of personal information
a) Use of personal information
We only use your personal information for the purpose for which it was provided to us, for related
purposes or as required or permitted by law. Such purposes include:
-
in the ordinary course of conducting our business. For example, supplying or acquiring products and
services, responding to your enquiries and feedback, and providing information about our events, news,
publications and products and services that may be of interest to you;
-
market research and product and service development, so that we are able to better understand our
customers’ needs and tailor our future products and services accordingly;
-
performing general administration, reporting and management functions. For example, invoicing and
account management, payment processing, risk management, training, quality assurance and managing
suppliers;
- employment-related purposes, such as recruiting and providing services to staff;
- as part of a sale (or proposed sale) of all or part of our business; and
-
other purposes related to or in connection with our business, including meeting our legal and
contractual obligations to third parties and for internal corporate governance purposes.
b) Disclosure of personal information
We may disclose, and you consent to us disclosing, your personal information to third parties for the
purposes of providing products or services or to undertake functions or activities, on our behalf. For
example, processing payment information, managing databases, marketing, research and advertising.
- that are authorised by you to receive information we hold;
- that are our business partners, joint venturers, partners or agents;
-
as part of a sale (or proposed sale) of all or part of our business. For example, we may disclose
information to our external advisers, to potential and actual bidders and to their external advisors;
-
such as our external advisers, and government agencies. For example, where disclosure is reasonably
required to obtain advice, prepare legal proceedings or investigate suspected unlawful activity or
serious misconduct; or
- as required or permitted by law.
We may disclose, and you consent to us disclosing, your personal information among the entities that
comprise Plus Fitness and to any of our related bodies corporate whether located in Australia or
overseas. If we disclose your personal information to a related body corporate, your information will be
collected, stored, used and disclosed in accordance with this Privacy Policy and the APPs.
c) Marketing use and disclosure
We may use and disclose your personal information (other than sensitive information) to provide you with
information about our products and services that we consider may be of interest to you.
You may opt out at any time if you do not, or no longer, wish to receive marketing and promotional
material. You may do this by:
-
contacting us via e-mail or in writing at the address below and requesting that we no longer send you
marketing or promotional material; or
- where applicable, clicking the “Unsubscribe” button.
d) Use or disclosure of sensitive information
We will only use or disclose your sensitive information for the purpose for which it was initially
collected or for a directly related purpose, as required or permitted by law, or where you consent to
the use or disclosure.
4. Disclosure of personal information overseas
We generally do not disclose personal information to third parties outside Australia, unless required or
permitted by law or in accordance with clause 3(b). You further agree that we will not be required to
take reasonable steps to ensure overseas recipients’ compliance with the APPs in relation to your
information and we will not be liable to you for any breach of the APPs by those overseas recipients. On
this basis, you consent to such disclosure.
5. How is my personal information kept secure?
a) Security
We take reasonable steps to protect your personal information from misuse, interference, loss and
unauthorised access, modification and disclosure. Such steps include:
- physical security over paper-based and electronic data storage and premises;
-
computer and network security measures, including use of firewalls, password access and secure
servers;
-
restricting access to your personal information to employees and those acting on our behalf who are
authorised and on a ‘need to know’ basis;
-
retaining your personal information for no longer than it is reasonably required, unless we are
required by law to retain it for longer; and
- entering into confidentiality agreements with staff and third parties.
b) Destruction and de-identification of personal information
Where we no longer require your personal information, including where we are no longer required by law
to keep records relating to you, we will ensure that it is de-identified or destroyed.
6. Data quality, access and correction
a) Quality
We take reasonable steps to ensure that your personal information is accurate, complete and up-to-date.
However, we rely on you to advise us of any changes or corrections to the information we hold about you.
If you consider that the information we hold about you is not accurate, complete or up-to-date, or if
your information has changed, please let us know as soon as possible.
b) Access to personal information
You may request access to the personal information we hold about you by contacting us. We will respond
to your request within a reasonable time. We will provide you with access to the information we hold
about you unless otherwise permitted or required by law. If we deny you access to the information, we
will notify you of the basis for the denial unless an exception applies. Where reasonable and
practicable, we will provide access to the information we hold about you in the manner you request. No
fee applies for requesting access to information we hold about you. However, we reserve the right to
charge a reasonable fee where we do provide access.
c) Correction of personal information
If you believe that personal information we hold about you is incorrect, incomplete or not current, you
may request that we update or correct your information by contacting us. We will deal with your request
within a reasonable time. If we do not agree with the corrections you have requested (for example,
because we consider that the information is already accurate, up-to-date, complete, relevant and not
misleading), we are not required to make the corrections. However, where we refuse to do so, we will
give you a written notice setting out the reasons.
7. Locational information
As advised above, you may consent to the collection of your location data through one of our member
applications. Plus Fitness appreciates that the collection of location data can be very sensitive for
different categories of people, including persons at-risk of domestic violence.
It is essential to Plus Fitness that the handling of all location data — including collection,
use, disclosure and retention is the subject of your consent. When you first download a Plus Fitness
application that collects locational data you will be prompted to provide your consent to this data
being collected. Depending on your platform, you can accept/deny and modify your consent at any time in
the iOS/Android app settings. You will still be able to use the Member app if you deny access to your
locational data, however some services in the application may not be able to be used/provided.
All collection of location data is limited to the necessary and specific purpose of providing
information to the member regarding nearby gym locations in their area. No locational information is
stored long term. The data is taken and stored momentarily each time the user seeks to see nearby gym
locations in their area.
8. Identifiers
We do not adopt, use or disclose government related identifiers except as required or permitted by law.
9. Complaints
If you have a complaint in relation to the collection, storage, use or disclosure of your personal
information, please contact our Privacy Officer using the details below. You will need to provide us
with details of your complaint, as well as any supporting evidence and information. We will review all
complaints received and our Privacy Officer will respond to you. If you are not satisfied with our
response, you may discuss your concerns with or complain to the Australian Privacy Commissioner via
www.oaic.gov.au.
10. Changes to this Privacy Policy
We reserve the right to revise this Privacy Policy or any part of it from time to time. Please review
this Policy periodically for changes. Any revised policy will be placed on our website at
www.PlusFitness.com.au. Your continued use of our website,
products or services, requesting our assistance, or the provision of further personal information to us
after this Privacy Policy has been revised, constitutes your acceptance of the revised Privacy Policy.
11. How to contact us
If you have any questions about this Privacy Policy, please contact Plus Fitness Privacy Officer:
Effective date: 26 May 2025
