PRIVACY POLICY
FOR WEBSITE
https://breathehealthclub247.com.au/
Effective Date:
29/03/2022
This privacy policy (hereinafter “Privacy Policy”) deals with the
protection of Your privacy while You use Our website which is hereinafter
referred to as “the Product” and which is located at:
https://breathehealthclub247.com.au/
The Product is owned and operated by:
Breathe Health Clubs 24/7 (ACN 52 6220 309 51)
We are committed to the protection of Your privacy while You use the Product.
This Privacy Policy only applies to the Product. The Product may contain links
to other websites or applications, but if that is the case, the Privacy Policy
does not apply to any of those linked websites or applications.
We gather certain information from users of the Product, so this Privacy Policy
explains what information we collect, how we use it, and your rights in
relation to it.
By continuing to use the Product You acknowledge that You have had the chance
to review and consider this Privacy Policy, and You acknowledge that You agree
to it. This means that You also consent to the use of Your information and the method
of disclosure as described in this Privacy Policy. If You do not understand the
Privacy Policy or do not agree to it then please do not use the Product.
1. DEFINITIONS
“Company IP” includes, but
is not limited to, the contents, layout, design, colours, appearance, graphics
and imagery of the Website, Content and Materials as well as all copyrights,
trademarks, trade secrets, patents and other intellectual property contained in
the Product, Content and Materials.
“Content” means any content, writing, images, audiovisual content
or other information published on the Product.
“Effective Date” means the date
that this Privacy Policy comes into force.
“Goods” means any or
all goods provided by or on the Product.
“Items” means any and all of the Product, Goods, Services,
Content and Materials collectively.
“Materials” means any materials, information or documentation
that We may provide to You in connection with Your use of the Goods or Services
or Product including documentation, data, information developed by Us or owned
by Us, and other materials which may assist in Your use of the Goods or
Services or Product.
“Parties” means both You
(the user of the Product) and Us (the owner of the Product) collectively.
“Personal Information” means information that we obtain from You
in connection with Your use of the Product.
“Privacy Policy” means this
privacy policy.
“Product” means the website including all pages, all sub pages,
all blogs, all forums, all other connected pages and all other connected
internet content whatsoever, the home page or main page of which is located at:
https://breathehealthclub247.com.au/
“Services” means any or
all services provided by or on the Product.
“Third Party Links” means links or
references to websites other than the Website, to content other than the
Content or to materials other than the Materials, none of which are controlled
by Us.
“Third Party Service Provider” means a third party, separate from
Us or Our company but which provides services that assist Us in serving You.
This may include but is not restricted to web hosting, IT services, security
services, payment processing, deliveries, customer service, order fulfilment or
other services.
“Us”, “We”, “Our”, “the Company”
or “the Owner” refers to Breathe Health Clubs 24/7
“Us”, “We”, “Our”, “the Company”
or “the Owner” also includes any employees, affiliates, agents
or other representatives of Breathe Health Clubs 24/7
“You” or “Your” refers to the user of the
Website.
“Your Content” means any Content posted to or added to the
Website, Content or Materials by You or by somebody authorised by You or doing
so on Your behalf.
2. INTERPRETATION
a. In this Privacy Policy, unless the
context otherwise requires, the following rules of interpretation shall apply:
I. Words referring to one gender
include every other gender.
II. Words referring to a singular number include the plural, and words
referring to a plural include the singular.
III. Words referring to a person or persons include companies, firms,
corporations, organisations and vice versa.
IV. Headings and titles are included in this Privacy Policy for convenience
only and shall not affect the interpretation of this Privacy Policy.
V. Each Party must, at its own expense, take all reasonable steps and do all
that is reasonably necessary to give full effect to this Privacy Policy and the
events contemplated by it.
VI. Any obligation on a Party not to do something includes an obligation not to
allow that thing to be done.
3. TYPE OF INFORMATION AND HOW IT IS COLLECTED
a. When You use the Product, We may
collect information from You through automatic tracking systems (such as
information about your browsing preferences).
b. In addition, We may collect information that You volunteer to Us (such as
information that You provide during a sign up process or at other times while
using the Product).
c. In order to access all of the
features of the Product, You are required to register as a user. During the
registration process, We collect some of Your Personal Information, in the
following manner:
I. We will not collect information that
identifies You personally, except when You specifically volunteer that
information to Us.
II. The information that We will
collect from You at registration includes:
full name, email, address, postcode,
contact number
III. By undergoing the registration
process You consent to Us collecting Your Personal Information, including the
Personal Information described in this clause. You also consent to Us
collecting any other Personal Information as well as storing, using or disclosing
Your Personal Information in accordance with this Privacy Policy.
d. In order to access some specific
features of the Product, You are required to provide some Personal Information.
During this process, We collect some of Your Personal Information, in the
following manner:
I. We will not collect information that
identifies You personally, except when You specifically volunteer that
information to Us when using specific Product features. These specific Product
features might include, but are not limited to:
A. making purchases
B. receiving notifications by text
message or email about events and promotions
C. receiving general emails from Us
II. In addition to any Personal
Information that You are required to provide in order to access these additional
Product features, in some cases You may be required to provide more specific
information. For example, in order to make purchases, You may need to provide
credit card information, billing information and postal addresses.
e. From time to time We may request
information from You to assist Us in improving Our Product, Goods, Services,
Content or Materials. For example, We may ask You to answer some questions
about Your demographics, Your shopping preferences, or Your other preferences
in relation to the Product.
4. COOKIES
a. Cookies are small files stored on
Your computer or mobile device which collect information about Your browsing
behaviour.
b. Cookies do not access information which is stored on Your computer.
c. Cookies enable us to tailor our
configurations to Your needs and preferences, in order to improve Your user
experience.
d. Most internet browsers accept cookies automatically, although You are able
to change Your browser settings to control cookies, including whether or not
You accept them, and how to remove them. You may also be able to set Your
browser to advise You if You receive a cookie, or to block or delete cookies.
However, if You do this, You may be prevented from taking full advantage of the
Product.
e. Third parties who advertise on the Product may use cookies in order to learn
about Your browsing preferences and to present relevant advertisements to You.
Cookies enable these advertisers to recognise Your computer each time You are
sent an advertisement. It allows them to compile information about where You
saw their advertisement, and to better target their advertisements. You may
notice these targeted advertisements on the Product or on other websites that
You visit. We do not control the cookies that may be used by these third party
advertisers. This Privacy Policy only addresses Our use of cookies and does not
address the use of cookies by any of these third party advertisers. For
information about the use of cookies by these third party advertisers you will
need to consult their privacy policies or cookies policies respectively.
5. HOW YOUR INFORMATION IS STORED
a. Please note that no systems
involving the transmission of information via the internet, or the electronic
storage of data, are completely secure. However, we take the protection and
storage of Your Personal Information very seriously. We take all reasonable
steps to protect Your Personal Information.
b. We use appropriate physical,
digital, managerial and security systems to store Your Personal Information and
to protect it against un-authorised access, destruction or disclosure.
6. THIRD PARTIES
a. We may provide some of Your Personal
Information from time to time to Third Party Service Providers so that they can
help us to serve You via the Product. In particular, We may use Third Party
Service Providers to assist with information storage (such as cloud storage).
b. We may provide some of Your Personal Information to Third Party Service
Providers for the purpose of analysing data or tracking usage. For example, We
may use these services to find out where page requests come from, dates and
times of page requests, details of any website that referred You to the Product
and other details about Your usage of the Product. This information enables Us
to understand patterns of usage of the Product, and to improve the Product.
c. We may use Third Party Service Providers to host the Product. If this
occurs, that Third Party Service Provider is likely to have access to some of
Your Personal Information.
d. We may use Third Party Service Providers to fulfil orders in relation to the
Product.
e. We may allow third parties to advertise on the Product. These third parties
may use cookies in connection with their advertisements (see the
“Cookies” clause in this Privacy Policy).
f. For Your information, some of Our
Third Party Service Providers may be located outside Australia and may not be
subject to Australian privacy laws. The countries or regions in which our Third
Party Service Providers may be located include:
Australia
g. However, We only share Your Personal
Information with a Third Party Service Provider if that provider agrees to Our
privacy standards as set out in this Privacy Policy.
h. Your Personal Information will not be sold or otherwise transferred to other
third parties without Your approval.
i. Notwithstanding the other provisions
of this Privacy Policy, We may provide Your Personal Information to a third
party or to third parties in order to protect the rights, property or safety,
of Us, Our customers or third parties, or as otherwise required by law.
j. We will not knowingly share Your
Personal Information with any third parties other than in accordance with this
Privacy Policy.
k. If Your Personal Information might be provided to a third party in a manner
which is other than as explained in this Privacy Policy, You will be notified.
You will also have the opportunity to request Us not to share that information.
7. RELATED ENTITIES
a. We may share Your Personal
Information, including Personal Information that identifies You personally,
with any of Our parent companies, subsidiary companies, affiliates or other
trusted related entities.
b. However, We only share Your Personal Information with a trusted related
entity if that entity agrees to Our privacy standards as set out in this
Privacy Policy.
8. COMBINING INFORMATION
a. We may combine, link or aggregate
some of Your information in order to obtain a better understanding of Your
requirements. This may enable Us to better design the Product and may also
assist with Our business or administration requirements.
b. We may also share aggregated
information with third parties but only if that aggregated information does not
contain any information that identifies You personally.
9. HOW YOUR INFORMATION IS USED
a. We use Your Personal Information to
help us improve your experience with Our Product. We may use Your Personal
Information for purposes including but not limited to:
I. order fulfilment.
II. providing customer service to You.
III. marketing and advertising to You
including both direct and indirect marketing and advertising and including
marketing and advertising about products that may interest You based on Your
personal preferences or demographics.
IV. advising You about updates to the
Product or related Items.
10. VULNERABLE USERS
a. We may collect information from specific
categories of users who may be particularly vulnerable, including: ________
b. Information collected from
vulnerable users in accordance with this clause is collected for the purpose of
helping us to improve the Product and Your user experience.
c. Information collected from
vulnerable users in accordance with this clause, is collected, used and if
applicable, disclosed, in accordance with the general provisions of this
Privacy Policy.
11. MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS
a. Part or all of Our business may be
merged, restructured or sold including but not limited to through an ordinary
sale of business or of stock, a corporate re-organisation, a change in control,
bankruptcy or insolvency proceedings.
b. In the event that such a merger, restructure or sale occurs as described in
the preceding sub-clause hereof, We may transfer Your Personal Information,
including personally identifiable information, as part of that merger,
restructure or sale.
12. EMAIL OPT IN/OUT
If You receive an email from Us in
relation to the Product and would prefer not to receive such correspondence in
the future, You may follow the instructions in the email to opt out of future
correspondence. You may also contact Us, using the details at the bottom of
this Privacy Policy, in order to opt out of future correspondence. We will make
all reasonable efforts to promptly comply with Your requests. However, You may
receive subsequent correspondence from Us while Your request is being handled.
13. ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION
a. You have the right to request access
to any of Your Personal Information which We are holding.
b. You have the right to request that any of Your Personal Information which We
are holding be updated or corrected.
c. In order to request access, an
update or a correction to Your Personal Information, you may contact us using
the details at the end of this Privacy Policy.
14. DISCLAIMER REGARDING SECURITY
By continuing to use the Product, You
agree to the terms of this Privacy Policy. You acknowledge, agree and accept
that no transmission of information or data via the internet is completely
secure. You acknowledge, agree and accept that We do not guarantee or warrant
the security of any information that You provide to Us, and that You transmit
such information at Your own risk.
15. CHANGES TO THIS POLICY
a. We may make changes to this Privacy
Policy at any time in Our sole discretion.
b. If We make changes to this Privacy Policy, unless We obtain Your express
consent to those changes, then such changes will only apply to any information
that We obtain from You after the date that the changes take effect.
c. If We make changes to this Privacy Policy, Your continued use of the Product
after the date that the changes take effect confirms that You acknowledge,
accept and agree to those changes.
16. COMPLAINTS
a. We take customer satisfaction very
seriously. If You have a complaint in relation to Our handling of Your Personal
Information, We will endeavour to handle it promptly and fairly. For Your
information, an overview of Our complaints handling procedure is as follows:
I. Any complaints are forwarded to Our
complaints officer for review. We aim to review all complaints within 7 days of
receiving them (although this cannot be guaranteed). If necessary, the
complaints officer may then refer the complaint to another section within Our
organisation for consideration. If further information is required, We may
contact You to request that information. If We accept fault in relation to the
complaint then We will propose a resolution (which may or may not be the same
as any resolution proposed by You). If We do not accept fault, then We will
contact You to advise You of this. We aim to complete this entire process
within 21 days, provided that We are provided complete information in the first
place (although this cannot be guaranteed). However, if You do not provide
complete information then this is likely to delay the handling of Your
complaint.
II. All complaints should be provided
in writing either by email or regular mail, using the contact details at the
end of this privacy policy. Describe the nature of your complaint including any
relevant dates, people involved, any consequences that have occurred, and what
you believe should be done to rectify the issue. We will endeavour to respond
within 21 days, although we cannot guarantee this.
III. If You are not satisfied with Our
response to Your complaint, You may refer your complaint to the relevant
external dispute resolution organisation in Your area.
17. CONTACT US
You can contact Us about this Privacy
Policy using the following details:
csmnorthlakes@breathehealthclubs.com.au