• The kinds of personal information Think Active collects & holds;
• How Think Active collects and holds your personal information;
• Why Think Active collects, holds, uses and discloses your personal information;
• How you may access and seek the correction of your personal information as held by Think Active;
• How you may complain about a breach of the Australian Privacy Principles (APPs) or a registered APP code (if any) that Think Active are bound by, and how Think Active will deal with such a complaint; and
• If Think Active is likely to disclose your personal information to overseas recipients and the countries in which such recipients are likely to be located (if it is practicable to specify those countries in this policy).
2. Your Personal Information
Think Active only collects personal information (being information that identifies or could reasonably identify an individual) where Think Active considers it to be reasonably necessary for Think Active’s functions and activities.
Think Active collects personal information to deliver our products and services to members including in circumstances when:
• Processing and managing membership applications;
• Facilitating members access, including the provision of services at Think Active;
• Conducting marketing activities, research & special offers;
• Accurately identifying who is using Think Active services;
• Communicating with members, franchisees & website visitors to the Think Active website and online enquiries;
• Profiling our members & their interests;
• Operating Think Active business.
The types of personal information Think Active collects includes:
• Name, age, gender, date of birth & next of kin;
• Health information (height, weight, medical conditions);
• License and banking details;
• Contact details (including phone, mobile and e-mail);
• Views and opinions; and
• Responses to forms and surveys (if any).
3. Your Sensitive Information
Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.
It is Think Active policy to only collect your sensitive information where it is reasonably necessary for Think Active functions or activities and either you have consented or Think Active are required or authorised under law to do so.
The types of sensitive information Think Active generally collects includes information relating to health issues that is necessary to properly tailor exercise programs to customers and related services. The types of health related information include medical history, whether individuals are using medication, are pregnant and other health related information.
4. How Think Active collects your personal information.
Think Active will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.
Think Active will collect directly personal information:
• By email;
• Over the telephone (including calls and SMS);
• Via social media and over the internet (including surveys);
• By written correspondence (such as letters);
• On hard copy forms (including registration forms, application forms, competition entry forms and surveys);
• In person;
• Through the Think Active website (online purchases, web form submission or participation in a live chat);
• Electronic systems such as applications.
Think Active may collect information from third parties including:
• Market researchers & direct marketing providers;
• Parents or guardians of underage members;
• Our current members (refer a friend);
• The Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
• Public sources (directories, membership lists, professional and trade associations, ASIC, bankruptcy or court registry searches).
5. Unsolicited personal information
Unsolicited personal information is personal information Think Active receives that Think Active has taken no active steps to collect (such as a job application sent to Think Active by an individual on their own initiative, rather than in response to an advertisement).
Think Active may keep records of unsolicited personal information if the information is reasonably necessary for one or more of Think Active’s functions or activities. If not, it is Think Active policy to destroy the unsolicited information or ensure that the information is de-identified, provided it is lawful and reasonable to do so.
6. Using your personal information
The main purposes for which Think Active collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Think Active membership. Think Active can use your information to:
• Process applications for memberships;
• Understand Think Active members’ needs and requirements;
• Manage & run Think Active’s website & social media platforms;
• Provide you with information about Think Active services;
• Delivering or enhancing Think Active products and services;
• Help Think Active maximise the benefits provided to members;
• Any other purpose directly related to Think Active business and for which you have provided consent (where it is reasonably required by law).
Think Active website requires subscriptions or registrations to use certain services, functions or content. You will know what information is being collected via these processes when you complete the relevant forms and provide the required details prior to submitting the application. Think Active will collect data relating to any transactions you carry out through the Think Active website and the fulfilment of your order. Think Active may also use your data to monitor for any unauthorised use of Think Active’s website, content or subscriptions to Think Active services.
7. Purpose of collection
If Think Active collects personal information for a purpose (the primary purpose), Think Active will not use or disclose the information for any other purpose (the secondary purpose) unless: you would have consented to the use or disclosure of your personal information; or in relation to the use or disclosure of your personal information:
• You would reasonably expect Think Active to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose (sensitive information) or related to the primary purpose (not sensitive information);
• Use or disclosure is required or authorised under Australian law or a court/tribunal;
• A permitted situation exists in relation to Think Active use or disclosure of the information;
• A permitted health situation exists in relation to use or disclosure of the information; or
• Think Active reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
If Think Active uses or discloses your information because Think Active reasonably believes that the use or disclosure of your information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, Think Active will make a written note of the use or disclosure.
8. Do you have to provide personal information?
You can refuse to provide personal information. However, a refusal may mean that the service you requested is not provided or membership will be refused or forfeited.
9. Sharing your personal information
Think Active may use and disclose personal information for related purposes to third parties. Types of organisations to whom Think Active may disclose your personal information includes:
• Government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts (as required by law);
• Various law enforcement agencies and governments for security, customs and immigration purposes;
• Banking service providers;
• Rewards partner program providers;
• Professional or government organisations; and
• Think Active contracted service providers including:
• Information technology service providers;
• Planning research and development providers;
• Conference organisers;
• Marketing and communications agencies;
• Mailing houses, freight and courier services;
• Printers & distributors of marketing material;
• Debt collectors and banks;
• Personal trainers; and
• External advisers (recruiters, auditors & lawyers).
Think Active does not rent, sell or exchange your personal information to third parties without your prior approval.
10. Government Identifiers
Think Active does not adopt, use or disclose government related identifiers (such as a Medicare number or licence number) as Think Active’s own identifier for you unless:
• It’s required/authorised by law or court/tribunal order;
• It’s reasonably necessary to verify your identity;
• It’s reasonably necessary to fulfil Think Active obligations; or
• Think Active reasonably believes it is reasonably necessary for one or more enforcement related activities.
To improve Think Active’s services, Think Active may sometimes collect de-identified information from web users. The information collected does not identify an individual but does help Think Active to analyse and improve its web services. When you visit the Think Active website, a record of your visit may be logged and the following data may be supplied by your browser:
• Your IP address and/or domain name;
• Your operating system (type of browser & platform);
• The date, time and length of your visit; and
• The resources you accessed or downloaded.
Think Active uses this information to customise the website for visitors and to collect data for analysis, quality control, administration and improving the website. It is not used for any other purpose. Aggregated data may be shared with third parties. You can stop your browser from accepting new cookies or disable cookies altogether by changing your browser preferences.
12. Links to other websites
Links to third party websites that Think Active does not operate or control are provided for your convenience. Think Active is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Think Active encourages you to read before supplying any personal information to them.
13. Direct Marketing
If Think Active holds your information, Think Active may use or disclose that information (other than sensitive information) for direct marketing if:
• Think Active collected the information from you; and
• You would reasonably expect Think Active to use or disclose the information for that purpose; and
• Think Active provided you with a simple way to opt out of receiving direct marketing from Think Active; and
• You have not made such an opt out request to Think Active.
Think Active may also use or disclose your information (other than sensitive information) for direct marketing if: Think Active collected the information from you and you would not reasonably expect Think Active to use or disclose the information for that purpose or someone other than you; and either:
• You have consented to the use or disclosure of the information for that purpose; or
• It is impracticable to obtain that consent; and
• Think Active provided you with a simple way to opt out of receiving direct marketing from Think Active; and
• In each direct marketing communication with you:
• Think Active includes a prominent statement that you can request to opt out; or
• Think Active otherwise draw your attention to the fact that you can request to opt out; and
• You have not made such a request to Think Active.
Think Active can use or disclose your sensitive information for the purpose of direct marketing if you have consented to the use or disclosure of that information for direct marketing.
If Think Active has collected the personal information that Think Active used to send you direct marketing material from a third party, you can ask Think Active to notify you of its source of information. It is Think Active’s policy to do so unless it is unreasonable or impracticable.
14. How to opt out of direct marketing
If Think Active uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Think Active.
If Think Active uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Think Active does not use or disclose your information for this purpose. Think Active will give effect to your request not to receive direct marketing from Think Active or an entity facilitated by Think Active free of charge within a reasonable time after the request is made.
15. Collection Notices
16. Protecting your personal information
Think Active stores information in different ways, including paper and electronic form. Think Active takes reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure including:
• Secure password protected databases for storage;
• Confidentiality requirements of staff;
• Servers kept at a secure location with limited access;
• Document storage security requirements;
• Granting access only to verified individuals;
• Limited the provision of personal information to third parties and subject to guarantees about use; and
• Training staff to deal with the information.
Think Active cannot guarantee that personal information will be protected against unauthorized access or misuse and Think Active does not accept any liability for the improper actions of unauthorised third parties.
Think Active will retain your personal information for as long as necessary to fulfil Think Active obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Think Active collects your personal information.
Once Think Active is no longer required to retain your personal information, Think Active will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.
17. Disclosing your personal information overseas
Think Active may disclose your personal information to other third-party service providers operating outside Australia who work with Think Active or one of Think Active’s suppliers, related companies, agents, or partners. Think Active may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.
Before disclosing your personal information to an overseas third party, Think Active will first take reasonable steps to ensure that the overseas recipient:
• Does not breach the APPs in relation to your personal information; or
• The recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the APPs protect the information.
Personal information may be disclosed by Think Active to other third parties in jurisdictions including Australia, Canada and the United States of America.
You acknowledge and understand that by providing such consent:
• Think Active will not be required to take steps as are reasonable in the circumstances to ensure that such third parties comply with the APPs;
• If the overseas recipient handles your personal information in breach of the APPs:
• Think Active will not be liable under the Act; and
• You will not be able to seek redress under Act.
• The overseas recipient may not be subject to any privacy law or principles similar to the APPs;
• You may be unable to seek redress overseas;
• The overseas recipient may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority. If you withdraw consent, Think Active will not rely on this consent when dealing with your personal information going forward.
You have the option of not identifying yourself or using a pseudonym when dealing with Think Active provided that is it lawful and practicable.
Think Active will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
• Think Active is required/authorised by law or court/tribunal order to deal with identified individuals; or
• It is impracticable for Think Active to deal with individuals who have not identified themselves.
It is Think Active’s policy to enable you to access Think Active’s website and make general phone queries without having to identify yourself and to enable you to respond to Think Active’s surveys anonymously. In some cases however, if you don’t provide Think Active with your personal information when requested, Think Active may not be able to respond to your request or provide you with service. For example, you must identify yourself to become a Think Active member.
19. Accessing to your personal information
You have the right, upon request, to access any of Think Active’s records containing your personal information.
To request access to your personal information please contact the Privacy Officer. Think Active will respond to your request to access your personal information within a reasonable period of time.
On the basis that it is reasonable and practicable to do so, Think Active will give you access to the information requested.
If Think Active refuses your request to access personal information, Think Active will provide a written notice setting out the reasons for the refusal & how you can complain about the refusal. Reasons for a refusal may include if it:
• Poses a serious threat to the life, health or safety;
• Would have unreasonable impact on privacy of others;
• Is frivolous or vexatious;
• Relates to legal proceedings;
• Reveals Think Active’s intentions or prejudices any negotiations;
• Would be unlawful;
• Is required or authorised by law or court/tribunal order;
• Is likely to prejudice enforcement related activities; or
• Relates to a commercially sensitive decision process.
When you make a request to access personal information, Think Active will require you to provide some form of identification (such as a driver’s licence or passport) so Think Active can verify that you are the person to whom the information relates.
Think Active keep your personal information accurate. Think Active will take reasonable steps to ensure Think Active’s records of personal information are accurate, up to date and complete. However, the accuracy of information depends to a large extent on the information you provide. If you do not give Think Active all the personal information Think Active may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Think Active provide may be affected.
If you think there is something wrong with the information Think Active holds about you please contact the Privacy Officer to:
• Let Think Active know if there are any errors; and
• Keep Think Active up-to-date with any changes,
• And Think Active will try to correct your personal information. Think Active will respond to your request to correct your personal information free of charge and in a reasonable period of time.
If Think Active refuses your request, Think Active will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.
If Think Active refuses to correct your personal information, you may request that Think Active associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Think Active will take reasonable steps to make the statement visible to users of your personal information.
If Think Active does correct your personal information and Think Active has previously disclosed your personal information to a third party, upon your request, Think Active will notify that third party of the correction unless it is impracticable or unlawful to do so.
21. Dealing with SPAM and Do Not Call register
Think Active will not send you any commercial electronic messages unless it is permitted by the Spam Act (e.g., Think Active has your express/inferred consent). Any commercial electronic message that Think Active sends will identify Think Active as the sender and will include relevant contact details and an unsubscribe facility. If you do not wish to receive commercial electronic messages from Think Active, please contact the Privacy Officer. Think Active will not call you on a number on the Do Not Call Register unless permitted under the Do Not Call Register Act & related instruments. If you don’t wish Think Active to call you on a particular number, please contact the Privacy Officer.
22. Resolving your privacy issues
If you have any issues you wish to discuss with Think Active or if you’re concerned about how Think Active has collected or managed your personal information please contact the Privacy Officer.
For information about privacy or if your concerns are not resolved, contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
24. Think Active privacy officer
Think Active’s privacy officer can be contacted at:
Telephone: 0419 821 762