PRIVACY POLICY

Last updated: March 18, 2024

OVERVIEW

1. Thank you for visiting our website! We are Planet Fitness Australia Franchise Pty Ltd (ACN 629 985 708) (Planet Fitness,Company, we, us and our).

2. We are a franchise system. Our facilities are owned and operated by independent franchisees. Our franchisees are independently responsible for their collection, management and processing of personal information in accordance with their own privacy policies which can be accessed here. [JB1] We do not assume responsibility for our franchisees’ operations or collection of data – we recommend you review their privacy policy as well to ensure you are comfortable with how they treat your personal information.

3. At Planet Fitness, we recognise the importance of your privacy and understand your concerns regarding the security of the personal information you provide to us, including via our franchisees.

4. Consequently, we comply with the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth) and require our franchisees to also comply with the APPs. We and our franchisees take pride in our adherence to these Principles.

5. This Privacy Policy (Policy) details how the Company collects, manages and processes Personal Information about you. By using our Website, or by submitting your Personal Information to us, including via our franchisees, you acknowledge that you have read and understood, and agree to our and our franchisees’ use of your Personal Information in accordance with this Policy and our franchisees’ privacy policies.

6. We reserve the right to revise this Policy or any part of it from time to time. Please review this Policy periodically for changes.
   
   PRIMARY DEFINITIONS
   Australian Privacy Principles (APP)

7. Reference to APP in this policy means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act. The APPs detail how personal information may be collected, used, disclosed, stored and destroyed, and how an individual may gain access to or make complaints about the personal information held about them.
   
   Clubs

8. Means a Planet Fitness fitness facility located within Australia.
   
   Credit Reporting Body

9. A Credit Reporting Body means an organisation whose business involves handling personal information in order to provide another entity with information about the credit worthiness of an individual.
   
   Personal Information

10. Personal Information is information or an opinion about an identified individual, or about an individual who is reasonably identifiable from such information.
    
    Privacy Act

11. The Privacy Act means the Privacy Act 1988 (Cth).
    
    Sensitive Information

12. Sensitive Information, a sub-set of Personal Information, is information or an opinion about an individual’s racial or ethnic origin, political opinions, political association membership, religious beliefs or affiliations, philosophical beliefs, professional or trade association membership, trade union membership, sexual orientation or practices or criminal record, and includes health information and genetic information.
    
    Website

13. Means our website located at the domain https://www.planetfitness.com.au/ which is operated by us.
    
    WHAT PERSONAL INFORMATION WE, INCLUDING VIA OUR FRANCHISEES, COLLECT AND HOLD
    
    General

14. While doing business, we, including via our franchisees, endeavour to collect only the information necessary to enable us, including via our franchisees, to conduct our and our franchisees’ business and provide services to you. Consequently, the collection of Personal Information in some instances is necessary or unavoidable.

15. The kinds of Personal Information we, including via our franchisees collect from you or about you depends on:

    1. the transaction you have entered into;

    2. the products and services you have contracted;

    3. and/or the products and services you are interested in.
       
       For example, you may choose to provide certain personal information in order to access or use certain features or services available on our Website or at one of the Clubs, such as making a purchase, joining one of the Clubs, paying your membership fees, requesting information, providing us or our franchisees with information via text message or our mobile application, filling out an employment or franchise application, entering a sweepstakes, logging into certain exercise equipment consoles using your member keytag, or otherwise contacting us, including via our franchisees.
       
       The Common Forms of Personal Information Collected by Us, including via our franchisees

16. The kinds of Personal Information that we, including via our franchisees, may collect and hold from you or about you include:

    1. Identity information:

       1. such as your name, age, address, phone number, email address, gender, date of birth, photograph, contact information;

    2. Commercial Information

       1. Such as details regarding products/services purchased from us and/or our partners, as well as your consumer preferences;

    3. Workout and machine usage information:

    4. Account information;

       1. Such as your account username, password, unique user ID and communication preferences;

    5. Details of how you paid for our products and/or services:

       1. Such as banking and credit card details;

    6. Information collected via social media logins;

       1. if you use a social media platform login to access our Website, you will share certain personal information from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your services account. The specific information transferred depends on your security settings and the privacy policy of your social media network.

17. Please be aware that you may elect not to provide us with certain information, although this may limit our ability to make particular Website or Club services or features available to you.
    
    Collection of Sensitive Information

18. We, including via our franchisees, will only collect Sensitive Information about you with your specific consent, unless otherwise allowed or obliged by law to collect such information.

19. In circumstances where we, including via our franchisees, are permitted by law to collect your Sensitive Information, we will nevertheless endeavour to first obtain your consent to do so.
    
    Information Collected Automatically

20. In visiting and/or interacting with our Website, and subject to your browser’s settings, our server’s may automatically log the following information provided by your browser:

    1. the type of browser and operating system you are using;

    2. the address of the web page you were visiting prior to accessing our Website;

    3. your server's IP address (a number which is unique to the device through which you are connected to the Internet: usually one of your service provider's machines);

    4. the date on which you visited the Website;

    5. the time which at which you visited the Website;

    6. the pages you visited on the Website; and,

    7. any documentation you downloaded from the Website.

21. The Website Information:

    1. is used to generate statistics and analyse activity on the Website; and,

    2. may be linked with any Personal Information we, including via our franchisees, collect from you in order to facilitate our and their business purposes.
       
       Cookies

22. We may use cookies and similar tracking technologies to track activity on our Website.

23. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service. For more information on cookies, you may visit the third-party site located at the domain: https://allaboutcookies.org/.

24. We may use your Personal Information to customise and improve your user experience on our Website and other social media platforms. By using our Website, you agree that we can record this information from your device and access them when you visit the Website in the future.

25. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. We confirm that you do not need to have configured your browser to enable the accepting or sending of Cookies in order to use the Website.

26. Examples of cookies we may use include:

    1. Session Cookies: used to operate and improve your experience on the Website.

    2. Preference Cookies: used to remember your preferences and various settings on the Website.

    3. Security Cookies: used for security purposes.

27. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
    
    HOW WE, INCLUDING VIA OUR FRANCHISEES, COLLECT AND HOLD PERSONAL INFORMATION
    Direct Collection

28. We, including via our franchisees, aim to collect Personal Information only directly from you, unless it is unreasonable, impracticable or necessary for us or them to do so.

29. For example, we, including via our franchisees, collect Personal Information from you or about you:

    1. from your direct interactions with us or our franchisees when you inquire about and/or obtain products/services;

    2. from your correspondence with us or our franchisees, including emails, letters and telephone calls;

    3. when you participate in our or our franchisees’ events, conferences, ceremonies, contests, programs or promotions;

    4. from application forms, contracts, surveys and other documents that you submit to us, including via our franchisees;

    5. when you visit our Website via your social media account(s); and

    6. from your activity on our Website.

30. Under the Privacy Act and the APP’s, you have the right to deal with us anonymously or under a pseudonym unless:

    1. the use of your true identity is a legal requirement; or

    2. it is impracticable for us to deal with you on such basis.

31. You are able to submit general enquiries regarding our products and/or services anonymously or under a pseudonym. However, owing to the nature of our business, it is impractical for us to deal with you anonymously or under a pseudonym in circumstances where you wish to purchase our products and/or services, including via our franchisees.
    
    Collection from third-parties

32. We may collect or acquire Personal Information from third-parties where it is necessary for us to do so in operating our business (e.g., to provide you with products or services).

33. For example, we may collect Personal Information about you from:

    1. Marketing agencies and/or joint marketing partners;

    2. Credit Reporting Bodies;

    3. Regulatory authorities;

    4. Financial institutions in control of your personal funds;

    5. Our franchisees; and/or

    6. Publicly available databases.
       
       Collection of unsolicited Personal Information

34. Any unsolicited personal information we receive from you, including via our franchisees, shall be dealt with in accordance with APP 4.

35. Specifically, we shall first determine if the unsolicited personal information could have reasonably been collected by us in accordance with APP 3. In the event it was not open to us to obtain the information under APP 3, we shall either destroy (provided it is lawful and reasonable to do so) or return the information.
    
    WHY WE COLLECT, HOLD AND USE PERSONAL INFORMATION

36. Under Australian privacy legislation, we may use your Personal Information only:

    1. for the primary purpose for which it was collected;

    2. reasonably expected secondary purposes which are related to the primary purpose;

    3. where we, including via our franchisees, have obtained your consent; or,

    4. where we are otherwise required or authorised by law to do so.

37. We collect, hold and use Personal Information from you or about you where it is reasonably necessary for us to carry out our business functions and activities. For example, we, including via our franchisees, collect, hold, use and disclose your Personal Information as necessary to:

    1. Reply to your inquiries;

    2. Fulfill our ongoing obligations as a product and service provider to you;

    3. Adhere to our customer service requirements and standards;

    4. Develop, tailor and/or improve upon our product and service offerings;

    5. Market our products and services;

    6. Deal with payments;

    7. provide you with information on new products or services (such as where new memberships programs, clubs or facilities are available); and

    8. deal with complaints.

38. Where we use your Personal Information for marketing and promotional communications, please be aware that you can opt-out at any time by:

    1. notifying us via the contact information contained within paragraph 64 of this Policy;

    2. following the ‘opt-out’ procedures which are included in all of our marketing communications.

39. We also collect, hold, use and disclose your Personal Information for purposes related to the operation of our business that you would reasonably expect, including:

    1. our administrative and accounting functions;

    2. conducting fraud checks;

    3. conducting market research;

    4. identifying membership trends or patterns; and,

    5. using the Website Information to generate interaction statistics and conduct traffic analysis;

40. Finally, we, including via our franchisees, may also collect and use your Personal Information to:

    1. comply with legal obligations;

    2. assist government and enforcement bodies or regulators; or

    3. where we are otherwise required or authorised by or under law to do so.

41. If we do not collect, hold, use or disclose your Personal Information, or if you choose not to provide certain Personal Information to us, including via our franchisees, or do not consent to our collection, holding, use or disclosure of your Personal Information, we, including via our franchisees, may not be able to provide you with the products or services that you or your organisation have requested us or our franchisees to provide.
    
    DISCLOSURE OF YOUR PERSONAL INFORMATION - AUSTRALIA
    Disclosure of Personal Information generally

42. Under Australian privacy legislation, we, including via our franchisees, may disclose your Personal Information only:

    1. for the primary purpose for which it was collected;

    2. reasonably expected secondary purposes which are related to the primary purpose;

    3. where we or our franchisees have obtained your consent; or,

    4. where we or our franchisees are otherwise required or authorised by law to do so.

43. To this end, we do not use or disclose your Personal Information to any third parties except where we engage such parties to perform services for us, which may involve that party handling your Personal Information. In this situation, the relevant third party is prohibited from using your Personal Information for purposes other than the specific purpose for which such information was provided.

44. Depending on your engagement with us, we may disclose your Personal Information to:

    1. Our third-party service providers (including, but not limited to, third parties providing us with platform hosting, data management, analytics, data storage, sweepstakes, membership benefits and/or customer retention services);

    2. Our third-party marketing partners;

    3. Affiliated companies (including any of our parent companies, franchisees, subsidiaries, affiliates or other companies involved in any merger, sale, corporate reorganisation or similar business transaction involving or related to Planet Fitness, our parent companies, subsidiaries, affiliates and/or franchisees);

    4. Law enforcement authorities (where required or authorised by law to do so); and/or

    5. Our corporate partners.

45. Where we wish to use or disclose your Personal Information for all other purposes, we will, including via our franchisees, first obtain your consent.
    
    Disclosure of anonymised and/or aggregated non-identifiable information

46. We may freely disclose, sell, or transfer collected information that does not contain any Personal Information from which you may be personally identified for any of our legitimate business or marketing purposes. Such information may include aggregated workout data, club visitation trend data and/or analysis derived therefrom.
    
    DISCLOSURE OF YOUR PERSONAL INFORMATION - OVERSEAS

47. We may disclose your Personal Information to persons or entities located overseas to facilitate our provision of products and services to you.

48. However, we will not disclose your Personal Information to recipients outside of Australia unless:

    1. we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act or the APPs;

    2. the recipient is subject to an information privacy scheme similar to that provided under Privacy Act; or

    3. you have consented to the disclosure.
       
       HOW WE HOLD AND STORE PERSONAL INFORMATION

49. Your Personal Information is held and stored by electronic means. We have physical, electronic and procedural safeguards in place for Personal Information and take reasonable steps to ensure that your Personal Information is protected from misuse, interference, loss and unauthorized access, modification and disclosure. The measures we, including via our franchisees, take include:

    1. secure archiving of documentation;

    2. protecting Personal Information held electronically with firewalls and password access;

       1. online data storage encryption;

    3. where we disclose Personal Information to third parties, our contractual arrangements with those third parties contain specific privacy requirements; and

    4. Our staff receive regular training on privacy procedures.

50. Unfortunately, no physical or electronic storage of data can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, including via our franchisees, and you do so at your own risk.

51. To understand how our franchisees hold and store personal information please read their privacy policy, available
    
    Destruction and De-identification

52. We will retain your Personal Information whilst it is required for any of our business functions and activities, or for any other lawful purpose.

53. We will take reasonable steps and we will use secure methods to destroy or to permanently de-identify your Personal Information when it is no longer required for any purpose for which the Personal Information may be used under this Policy and otherwise in accordance with the Privacy Act.

54. As an example, our destruction and de-identification methods may include:

    1. Paper records being placed in security bins and shredded and/or sent for secure destruction; or

    2. Electronic records being:

       1. Deleted from all locations; or

       2. Encrypted and/or placed beyond use.
          
          LINKS TO THIRD-PARTY WEBSITES

55. Our Website may contain links to other websites of interest. However, once you have used these links to leave our Website, 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 Personal Information which you provide whilst visiting such sites and such sites are not governed by this Policy. You should exercise caution and look at the privacy statement applicable to the website in question.
    
    REQUESTS FOR ACCESS AND CORRECTION

56. We have procedures in place for dealing with and responding to requests for access to, and correction of, the Personal Information held about you.

57. Generally, you are able to access or request the correction of your Personal Information we hold about you by:

    1. logging into your online account via the Website;

    2. visiting your local/home Club and speaking with Club staff;

    3. contacting us in one of the manners listed in the “Contact Us” section of our Website. In the alternative, you may submit requests using the contact information listed in paragraph 64 of this policy.

58. In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access or to correct the information as requested, we will give you written reasons why. For further information, please contact us.

59. To assist us to keep our records up-to-date, please notify us of any changes to your personal information.
    
    DATA BREACHES

60. If we suspect that a data breach has occurred, we will undertake an assessment into the circumstances of the suspected breach within 30 days after the suspected breach has occurred. Where it is ascertained that a breach has actually occurred and where required by law, we will notify the Privacy Commissioner and affected individuals as soon as practicable after becoming aware that a data breach has occurred.
    
    COMPLAINTS AND CONCERNS

61. We have procedures in place for dealing with complaints and concerns about our practices in relation to the Privacy Act and the APPs.

62. If you have any concerns about our privacy policy or wish to make a complaint, please contact our Privacy Officer whose details appear below. We will do our best to formally respond to you within 30 days after the date you raise your concerns. If you are not happy with the response, you may refer the complaint to the Office of the Australia Information Commissioner on 1300 363 992 or [email protected].
    
    UPDATES TO THIS PRIVACY POLICY

63. We reserve the right to update or modify this Policy at any time and from time to time without prior notice by posting a revised version of the policy on the Website. If we make material changes to this Policy, we will notify you by means of a conspicuous notice on our homepage or direct communication to you via email or your account. Your use of the Website or any Club following any revision to the policy constitutes your agreement that all personal information collected from or about you after the revised policy is posted will be subject to the terms and conditions of the revised policy. The date listed above indicates the most recent change or update to this Policy.
    
    CONTACT

64. If you have any questions about this document, the data we hold, or you would like to exercise one of your rights regarding the data, please contact us using the information listed below:

Company
Planet Fitness Australia Pty Ltd (ACN 629 980 507)

Attention
Privacy Officer

Email
[email protected]

Phone
+1-844-880-7180

Postage
Planet Fitness Legal Department
4 Liberty Lane West
Hampton, NH 03842
United States

END OF DOCUMENT

This Privacy Policy has been prepared with our legal team at

Macpherson Kelley Lawyers

© Planet Fitness Australia Franchise Pty Ltd (ACN 629 985 708)