This privacy policy (“Privacy Policy”) sets out how KX Fitness (Vic) Pty Ltd ABN 54 057 851 628 and its related entities (“KX Retreats” or “we”) upholds your rights under the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”). This Privacy Policy for KX Retreats lets you know what personal information of yours we hold, what we do with it, who we will disclose it to and how you can assess the personal information we hold about you. You can also find out here how to change inaccurate personal information and how to opt out of receiving communications from KX Retreats.

KX Retreats may change this Privacy Policy from time to time by updating this page. This Privacy Policy is effective from 1 December 2015.

What Retreats collects

KX Retreats may collect the following information:

  • Name
  • Contact information including e-mail address
  • Date of birth
  • Emergency contact person
  • Bank account and/or credit card details
  • Payment history
  • Demographic information such as postcode, preferences and interests
  • Other information relevant to customer surveys and/or offers
  • Sensitive information*
  • For employment or other recruitment purposes, the above as well as employment and education details and generally, information relating to qualifications and experience
  • For franchisee application purposes, the above as well as financial capacity and residential status

An individual is not obliged to provide their personal information to KX Retreats however, without certain information from an individual it may not be possible for KX Retreats to provide its products and/or services to the individual.

How KX Retreats collect and hold your personal information

Where possible, KX Retreats will generally collect your personal information directly from you. KX Retreats may also collect personal information from KX Retreats franchisees as well as from MindBody Online Inc., KX Retreats’ centralised online booking system, when you purchase KX Retreats classes.

KX Retreats may also collect personal information from you via their website www.kxretreats.com.au (“KX Retreats website”), promotional activities, competitions and events. Also from other directly related companies and, if there is prior consent, from organisers of the events KX Retreats’ sponsor.

*Sensitive Information

For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to KX Retreats about their physical and mental health and well being.

Sensitive information will only ever be used for providing services to you. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of KX Retreats, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information.

The types of sensitive information generally collected by KX Retreats include information relating to:

  • Your health
  • Your weight and body measurement
  • Your medical history
  • Whether you smoke or are pregnant
  • Whether you are on any medication
  • Other health related information that is necessary to properly advise you about fitness training

What we do with the information we gather

KX Retreats will only use and disclose your personal information so we can provide you with the services you have requested as well as for the following directly related secondary purposes:

  • Managing your account with KX Retreats
  • To improve our products and services
  • Send promotional email to you about new products, special offers or other information which we think you may find interesting using the email address which you have provided**
  • Contact you for market research purposes. We may contact you by email, phone, fax or mail.**
  • To customise the KX Retreats website according to your interests
  • We may provide your information to our third party partners for marketing or promotional purposes provided we first have your consent
  • Assessing your employment application and reference checking
  • Assessing your franchisee application and reference checking

KX Retreats will never sell your information.

Who will KX Retreats disclose personal information to?

KX Retreats may disclose your personal information to third parties including its franchisees for the purpose for which it collects it. That is, generally, KX Retreats will only disclose your personal information to third parties for the purpose of providing KX Retreats classes and products to you or other directly related secondary purposes as set out above. KX Retreats may otherwise disclose your personal information with your consent or if it is required or authorised by law.

KX Retreats may disclose your personal information to third party services providers overseas. All Mindbody Inc. servers are located in Irvine California with Disaster Recovery servers in Las Vegas Nevada. However, where your personal information is disclosed to an overseas recipient, we will also take adequate measures to ensure that your personal information is handled by the overseas recipient in accordance with the Privacy Act 1988 (Cth) and our instructions for the purposes described above. By providing KX Retreats with your personal information, you consent to this disclosure of your personal information.

Marketing**

Where we have obtained your consent to do so, or in circumstances where you would reasonably expect that your personal information would be used or disclosed for this purpose, we may contact you from time to time with marketing material about our other products or services or third parties. At any time you may opt out of receiving this marketing material by contacting KX Retreats by email at [email protected] or your local studio. Your consent to receiving this information will remain current until you notify KX Retreats otherwise.

Security

We are committed to ensuring that your information is secure. In order to prevent loss, misuse, and unauthorised access, use, modification, disclosure, alteration, or destruction we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

However, you should keep in mind that the transmission of information over the Internet is not completely secure or error-free. In particular, e-mail sent to or from this website may not be secure, and you should therefore take special care in deciding what information you send to KX Retreats via e-mail.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies (Google Analytics) to identify which pages are being used. This helps us analyse data about web page traffic and improve the KX Retreats website in order to tailor it to customer needs. We only use this information for statistical analysis purposes.

We also use Google cookies for remarketing to advertise online.

How does our remarketing activity affect you?

  • When you visit the KX Retreats website, our web server will drop a cookie on your browser
  • If you leave the KX Retreats website to visit another website which is part of the Google network, you may be served our ad
  • The remarketing cookie will be valid for 30 days.

You can remove our remarketing cookie by deleting your Internet browsing history and clearing your cookies. This can be done through the tools/settings function of your Internet browser.

Overall, cookies help KX Retreats provide you with a better KX Retreats website, by enabling KX Retreats to monitor which pages you find useful and which you do not. A cookie in no way gives KX Retreats access to your computer or any information about you, other than the data you choose to share with KX Retreats.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the KX Retreats website.  You can opt out of Google’s use of cookies by visiting Google’s Ad Settings.  Alternatively you can opt out of a third-party vendors use of cookies by visiting the Network Advertising Initiative opt out page.

Links to other websites

The KX Retreats website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Right of access and storage

You may request access to personal information including your credit card information we hold about you by contacting the Privacy Officer at the following address: Level 1/184-186 Glenferrie Rd, Malvern VIC 3144.

Where we hold information that you are entitled to access, we will endeavor to provide you with suitable range of choices as to how access is provided (e.g. email or mailing it to you). A fee may be charged to cover the cost of retrieval.

If at any time you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request that we change it.

KX Retreats will destroy or de-identify your personal information as soon as practicable once it is no longer needed for the purpose for which it was collected. However, we may be required by law to retain your personal information after your relationship with KX Retreats has expired. In this case your personal information will continue to be protected in accordance with this Privacy Policy. If we destroy personal information we will do so by taking reasonable steps and using up-to-date techniques and processes.

Questions and Complaints

For further information regarding this Privacy Policy or to make a complaint about the steps taken by KX Retreats to protect your personal information or privacy, please contact KX Retreats’ Privacy Officer at [email protected] or calling (03) 9500 0707.

We will investigate any complaints received in writing and do our best to resolve them as soon as possible.

If you are not satisfied with the result of your complaint to KX Retreats, you can refer your complaint to the:

Office of the Australian Information Commissioner

Phone: 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749
TTY: 1800 620 241 (this number is dedicated to the hearing impaired only, no voice calls)

TIS: Translating and Interpreting Service: 131 450 (If you don’t speak English or English is your second language and you need assistance and ask for the Office of the Australian Information Commissioner)

Post: GPO Box 2999 Canberra ACT 2601
Fax: +61 2 9284 9666
Email: [email protected]