Compliance with Privacy Obligations
This Privacy Statement sets out the policy of Peak Group Global) and its franchisees with respect to the way in which we collect, use, disclose, store, secure and dispose of Personal Information about our customers, franchisees and employees including through our website at www.peakgroupglobal.com and through our business management system (Mindbody). Peak Group Global is bound by the National Privacy Principles set out in Schedule 3 of the Privacy Amendment (Private Sector) Act 2000 (“the Act”). A copy of the National Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au
Peak Group Global is dedicated to ensuring that personal and sensitive information is gathered with respect to the individual and aims to exercise the highest standard of care in preserving privacy of information in all areas of operation. The information collected is handled in compliance with applicable State and Territory health records legislation.
Collection of Personal and Sensitive Information
For the purposes of this Statement, “Personal Information” is characterised as being information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from that information or opinion. “Sensitive information” means health, fitness and wellbeing information about an individual. The types of Personal Information generally collected by us include name, address, date of birth, mobile and telephone numbers, e-mail address, credit card or bank account details and emergency contact details. Personal Information is also collected when individuals provide business cards or other documentation to us containing such Personal Information, including completion of a Health Questionnaire. Personal Information also includes information we collect in the course of providing services to individuals and external communications. The types of Sensitive Information generally collected by us may include information relating to health issues that is necessary to properly advise customers about fitness based training. The types of health-related information may include medical history, whether individuals are using medication, smoke or are pregnant and other health related information. We will obtain specific consent in circumstances where it is necessary to collect sensitive information.
Use of Personal and Sensitive Information
Personal or Sensitive Information that is in our possession is not a subject to rent, sale or any other disclosure to any other company or organisation, without prior consent of individuals where that consent is required by law. Individuals consent to our use and disclosure of their Personal Information where it is incidental to a sale of our business to a third party. They also consent to Personal and Sensitive Information being disclosed to Peak Group Global Head Office, franchisees and may be placed on an intranet that is accessible by support office and all franchisees. This is required to enable individuals to be recognised as Peak Group Global members through Peak Physique Hot Yoga or associated brands, no matter which Peak Group Global outlet, franchise, studio, gym or club they attend in Australia.
Peak Group Global will disclose personal information if it is under a legal requirement to do so (for example, under a court order, or if required under legislation), or if an authorised request is made from a law enforcement agency.
Otherwise, we will only disclose Personal Information with the consent of the relevant individuals. If consent is obtained, we may provide Personal Information to Peak Group Global’s franchisees or licensees (stakeholders)to assist customers to improve their fitness and wellbeing, in addition, stakeholders can advise customers which programs are suitable for them. If stakeholders are contractors (rather employees), their contracts with us require them to keep Personal Information confidential.
Information provided by Franchisees and Licensees
Information of a personal and sensitive nature is provided to Peak Group Global by its potential franchisees and licensees. The information is used to evaluate the suitability of the applicants becoming Peak Group Global Franchisees or Licensees. Peak Group Global may make enquiries and check accuracy of information at consent of potential franchisees and licensees, this will be the only time the Company may disclose such information to third parties unless required in accordance with the Privacy Act. It is at the discretion of an applicant to provide information requested, however this may obstruct the process of assessing their suitability. The Personal Information of successful applicant will form part of an ongoing franchisee/icensee record. Should the application be unsuccessful, individual will be given the opportunity to have the information collected returned to you or destroyed.
Information provided by employees
Any employment application provided to the Company will be used solely for the purpose of analysing suitability for a position available. Personal details will only form part of an employee record if application is successful. The information about employees will only be disclosed by Peak Group Global if required by law to authorised government agencies i.e. Australian Taxation Office or as otherwise directed by employee. Any unsuccessful applications will remain on file to be revisited should suitable opportunities arise in the future and if required by the applicant applications may be returned or destroyed.
Peak Group Global will handle personal information collected online with the utmost care, and will not knowingly use it in ways not explicitly consented to by the user who supplied the information and to whom the information refers. Peak Group Global will handle Personal Information collected online consistently with the way that it handles Personal Information collected offline. Other matters specific to our handling of Personal Information online are set out below.
- a) Cookies
No Personal Information is collected by Peak Group Global when individuals visit our website, unless they chose to provide it to us (for example, by sending us emails through our website). However, we may collect certain data that does not identify individuals (sometimes called “web log information”) when they visit certain pages (such as the type of browser and operating system they have). We may also use “cookies” which are small files that are stored on computer and that manage the security and navigation process of the site. Users can choose to block these cookies but some portions of the site may not function correctly if they do. This type of data is collected for statistical purposes only, and while cookies will identify a computer, they are unlikely to identify users personally.
- b) Email/SMS marketing
We will not distribute our marketing material via SMS unless customers have consented to this. This is a requirement of the Spam Act 2003. Further, customers can unsubscribe from our e-newsletter or other bulletins by using the “unsubscribe” facility contained in each electronic publication we send. Occasionally, Peak Group Global may send promotional email messages to prospective customers to market a service or activity. This will only be done on the reasonable belief that customers would be interested in the subject matter. In every case customers will be provided with clear and simple instructions on how to be removed from our mailing list
- c) Site security policy
It is the user’s responsibility to protect their personal privacy when using any related social networking pages. We advise users not to include any Personal Information of either themselves or of others in their posts to the wall (such as email addresses, private addresses or phone numbers). In addition, it is recommended to refrain from posting materials to the page that infringe the intellectual property rights of others and not to include internet addresses or links to websites, or any email addresses in posts to the wall.
We use all reasonable endeavours to secure any Personal or Sensitive Information that we hold and aim to keep this information accurate and up-to-date. Technical and organisational security measures are in place to ensure the security of information and to protect it against deliberate or accidental manipulation, destruction, use, disclosure loss or unauthorised access. Personal and Sensitive Information is stored behind industry standard firewalls and where applicable, protected by usernames and passwords.
Changes to Privacy Statement
Peak Group Global reserves the right to change this Privacy Statement without prior notice. Any changes to Privacy Statement will be posted on the Peak Group Global website. In order to remain updated and informed on protection of Personal and Sensitive Information, we encourage users to review this Statement. If, at any time, you have questions, comments or concerns about our privacy commitment please contact us at firstname.lastname@example.org
Access and correction of your Personal Information
The access to Personal Information that we and/or contractors hold can be obtained on request. It is at the discretion of Peak Group Global to provide this information to individuals, depending upon legal circumstances. Users are entitled to tell us if they do not wish us to hold their information, we will remove all such information from our database. Individuals also have the right to ask us to correct information about them which is inaccurate, incomplete or out of date.
If you wish to seek access to or correction of personal information that Peak Group Global holds about you, please contact us at email@example.com. We may ask you to put your request in writing. It is important to us that the Personal Information we hold about you is accurate, complete and up to date.
You can either provide a written request or complaint direct to our Privacy Officer as follows;
By email to firstname.lastname@example.org www.privacy.gov.au.
This Privacy Statement applies to Peak Group Global Pty Limited, its employees, franchisees, licensees and contractors.
If we decide not to correct or provide you with access to your Personal Information, we will give you our reasons for our decision.
If you have a complaint about the way we have dealt with your Personal Information, please contact us at email@example.com
We will make all reasonable attempts to respond to your complaints or requests.