Calypso Destinations Privacy Policy

1. About this privacy policy

This document sets out the policy of Calypso Destinations  Pty Ltd, its related companies and Calypso Destinations Calypso Destinations) relating to the privacy of your personal information (Privacy Policy). Calypso Destinations is committed to protecting the privacy of the personal information it collects and receives. Calypso Destinations is bound by the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act). This Privacy Policy applies to all your dealings with Calypso Destinations whether at one of Jett’s clubs, Calypso Destinations head office or via Calypso Destinations website (www.Calypso Destinations.com.au). This Privacy Policy seeks to explain:

• the kinds of personal information Calypso Destinations collects & holds;

• how Calypso Destinations collects and holds your personal information;

• why Calypso Destinations collects, holds, uses and discloses your personal information;

• how you may access and seek the correction of your personal information as held by Calypso Destinations;

• how you may complain about a breach of the APPs or a registered APP code (if any) that Calypso Destinations are bound by, and how Calypso Destinations will deal with such a complaint; and

• if Calypso Destinations 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).

By using Calypso Destinations website www.Calypso Destinations.com.au, completing any membership application forms, personal trainer forms, competition entry forms and filling any forms in the franchisee recruitment process, you accept this Privacy Policy and expressly consent to Calypso Destinations’ collection, use and disclosure of your personal information in the manner described in this Privacy Policy.

2. Your Personal Information

Calypso Destinations only collects personal information (being information that identifies or could reasonably identify an individual) where Calypso Destinations considers it to be reasonably necessary for Calypso Destinations’ services, functions and activities. Calypso Destinations collects personal information to delivery our products and service to members including in circumstances when:

• processing and managing membership and franchisee applications;

• facilitating members & casual members gym access;

• conducting marketing activities, research & special offers;

• accurately identifying who is using Calypso Destinations’ services;

• communicating with members, franchisees & website visitors to Calypso Destinations’ website and online enquiries;

• profiling our members & their interests;

• operating Calypso Destinations’ business; and / or

• transferring memberships between clubs as per Calypso Destinations transfer policy. The types of information Calypso Destinations collects includes:

• name, age, gender, date of birth & next of kin;

• health information (height, weight, medical conditions);

• health and  goals;

• license and banking details;

• contact details (including phone, fax 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 Calypso Destinations policy to only collect your sensitive information where it is reasonably necessary for Calypso Destinations functions or activities and either you have consented or Calypso Destinations are required or authorised under law to do so.

4. How Calypso Destinations collects your personal information

Calypso Destinations will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.

Calypso Destinations will collect directly personal information:

• by email;

• over the telephone (including calls and SMS);

• via social media and over the intranet (including surveys);

• by written correspondence (such as letters, faxes);

• on hard copy forms (including registration forms, competition entry forms and surveys);

• in person; or

• through Calypso Destinations website (online purchases, web form submission or participation in a live chat);

• electronic systems such as applications and use of the club access card;

• and through Calypso Destinations’ security surveillance cameras.

Calypso Destinations may collect information from third parties including:

• parents or guardians of underage members;

• 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. Using your personal information

The main purposes for which Calypso Destinations collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Calypso Destinations’ membership.

Calypso Destinations collects information to service its members. Calypso Destinations can use your information to:

• process applications for memberships,

• understand Calypso Destinations’ members’ needs and requirements;

• manage & run Calypso Destinations website & social media platforms;

• providing you with information about Calypso Destinations services;

• delivering or enhancing Calypso Destinations’ products and services;

• help Calypso Destinations maximise the benefits provided to members;

• any other purpose directly related to Calypso Destinations’ business and for which you have provided consent (where it is reasonably required by law).

Calypso Destinations’ 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. Calypso Destinations will collect data relating to any transactions you carry out through Calypso Destinations’ website and the fulfilment of your order. Calypso Destinations may also use your data to monitor for any unauthorised use of Calypso Destinations’ website, content or subscriptions to Calypso Destinations’ services.

6. Purpose of collection

If Calypso Destinations collects personal information for a purpose (the primary purpose), Calypso Destinations 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 Calypso Destinations to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose;

  • use or disclosure is required or authorised under Australian law or a court/tribunal;

  • a permitted situation exists in relation to Calypso Destinations’ use or disclosure of the information;

  • a permitted health situation exists in relation to use or disclosure of the information; or

  • Calypso Destinations 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 Calypso Destinations uses or discloses your information because Calypso Destinations 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, Calypso Destinations will make a written note of the use or disclosure.

7. 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.

8. Sharing your personal information

Calypso Destinations may use and disclose personal information for related purposes to third parties. Types of organisations to whom Calypso Destinations 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

• Calypso Destinations’ 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;

  • external advisers (recruiters, auditors & lawyers).

• Calypso Destinations does not rent, sell or exchange your personal information to third parties without your prior approval.

9. Government Identifiers

Calypso Destinations does not adopt, use or disclose government related identifiers (such as a Medicare number or license number) as Calypso Destinations’ 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 Calypso Destinations’ obligations; or

• Calypso Destinations reasonably believes it is reasonably necessary for one or more enforcement related activities.

10. Cookies

To improve Calypso Destinations’ services, Calypso Destinations sometimes collects de-identified information from web users. The information collected does not identify an individual but does help Calypso Destinations to analyse and improve its web services. When you visit Calypso Destinations’ website, a record of your visit is logged and the following data is 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.

Calypso Destinations 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.

11. Links to other websites

Links to third party websites that Calypso Destinations does not operate or control are provided for your convenience. Calypso Destinations is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Calypso Destinations encourages you to read before supplying any personal information to them.

12. Direct Marketing

If Calypso Destinations holds your information, Calypso Destinations may use or disclose that information (other than sensitive information) for direct marketing if:

• Calypso Destinations collected the information from you; and

• you would reasonably expect Calypso Destinations to use or disclose the information for that purpose; and

• Calypso Destinations provided you with a simple way to opt out of receiving direct marketing from Calypso Destinations; and

• you have not made such an opt out request to Calypso Destinations. Calypso Destinations may also use or disclose your information (other than sensitive information) for direct marketing if:

• Calypso Destinations collected the information from you and you would not reasonably expect Calypso Destinations 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

• Calypso Destinations provided you with a simple way to opt out of receiving direct marketing from Calypso Destinations; and

• in each direct marketing communication with you:

  • Calypso Destinations includes a prominent statement that you can request to opt out; or

  • Calypso Destinations otherwise draws your attention to the fact that you can request to opt out; and

  • you have not made such a request to Calypso Destinations.

Calypso Destinations 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. Calypso Destinations may also use or disclose your personal information for direct marketing if:

• Calypso Destinations are a contracted service provider for a Commonwealth contract; and

• Calypso Destinations collected your information in order to meet an obligation under that contract; and

• the use or disclosure is necessary to meet (directly or indirectly) such an obligation.

If Calypso Destinations has collected the personal information that Calypso Destinations used to send you direct marketing material from a third party, you can ask Calypso Destinations to notify you of its source of information. It is Calypso Destinations’ policy is to do so unless it is unreasonable or impracticable.

13. How to opt out of direct marketing

If Calypso Destinations uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Calypso Destinations.

If Calypso Destinations uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Calypso Destinations does not use or disclose your information for this purpose.

Calypso Destinations will give effect to your request not to receive direct marketing from Calypso Destinations or an entity facilitated by Calypso Destinations within a reasonable time after the request is made.

14. Protecting your personal information

Calypso Destinations stores information in different ways, including paper and electronic form. Calypso Destinations 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;

• security firewalls for access to Calypso Destinations’ systems;

• servers kept at a secure location with limited access;

• document storage security requirements;

• granting access only to verified individuals;

• access controls for Calypso Destinations’ buildings;

• limited the provision of personal information to third parties and subject to guarantees about use; and

• training staff to deal with the information.

Calypso Destinations cannot guarantee that personal information will be protected against unauthorized access or misuse and Calypso Destinations does not accept any liability for the improper actions of unauthorised third parties.

Calypso Destinations will retain your personal information for as long as necessary to fulfil Calypso Destinations’ obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Calypso Destinations collects your personal information.

Once Calypso Destinations is no longer required to retain your personal information, Calypso Destinations will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.

15. Disclosing your personal information overseas

Calypso Destinations and Calypso Destinations group entities may disclose your personal information to other third party service providers operating outside Australia who work with Calypso Destinations or one of Calypso Destinations’ suppliers, agents, or partners. Calypso Destinations 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, Calypso Destinations will first take reasonable steps to ensure that the overseas recipient:

• does not breach the Australian Privacy Principles 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 Australian Privacy Principles protect the information.

Personal information may be disclosed by Calypso Destinations to other Calypso Destinations entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognized each of these countries as providing adequate protection of personal information.

To make it easy for you to deal with Calypso Destinations and other Calypso Destinations entities and provide you with a more personal and consistent experience, Calypso Destinations may exchange and combine personal information with other Calypso Destinations entities for the purposes described in this Privacy Policy.

If your personal information is collected using a document that references this Privacy Policy, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.

You acknowledge and understand that by providing such consent:

• Calypso Destinations 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:

  • Calypso Destinations 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 is 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, Calypso Destinations will not rely on this consent when dealing with your personal information going forward.

16. Anonymity

You have the option of not identifying yourself or using a pseudonym when dealing with Calypso Destinations provided that is it lawful and practicable.

Calypso Destinations will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:

• Calypso Destinations is required/authorised by law or court/tribunal order to deal with identified individuals; or

• it is impracticable for Calypso Destinations to deal with individuals who have not identified themselves.

It is Calypso Destinations’ policy to enable you to access Calypso Destinations’ website and make general phone queries without having to identify yourself and to enable you to respond to Calypso Destinations’ surveys anonymously.

In some cases however, if you don't provide Calypso Destinations with your personal information when requested, Calypso Destinations may not be able to respond to your request or provide you with our service. For example, you must identify yourself to become a Calypso Destinations member or franchisee.

17. Accessing to your personal information

You have the right, upon request, to access any of Calypso Destinations’ records containing your personal information. To request access to your personal information please contact the Privacy Officer, set out at the end of this Policy.

Calypso Destinations 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, Calypso Destinations will give you access to the information requested.

If Calypso Destinations refuses your request to access personal information, Calypso Destinations 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 Calypso Destinations’ intentions or prejudice 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, Calypso Destinations will require you to provide some form of identification (such as a driver's licence or passport) so Calypso Destinations can verify that you are the person to whom the information relates.

18. Help Calypso Destinations keep your personal information accurate

Calypso Destinations will take reasonable steps to ensure Calypso Destinations’ 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 Calypso Destinations all the personal information Calypso Destinations may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Calypso Destinations provide may be affected.

If you think there is something wrong with the information Calypso Destinations holds about you please contact the Privacy Officer to:

• let Calypso Destinations know if there are any errors; and

• keep Calypso Destinations up-to-date with any changes, and Calypso Destinations will try to correct your personal information.

Calypso Destinations will respond to your request to correct your personal information and in a reasonable period of time. If Calypso Destinations refuses your request, Calypso Destinations will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.

If Calypso Destinations refuses to correct your personal information, you may request that Calypso Destinations associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Calypso Destinations will take reasonable steps to make the statement visible to users of your personal information.

If Calypso Destinations does correct your personal information and Calypso Destinations has previously disclosed your personal information to a third party, upon your request, Calypso Destinations will notify that third party of the correction unless it is impracticable or unlawful to do so.

19. Resolving your privacy issues

If you have any issues you wish to discuss with Calypso Destinations or if you’re concerned about how Calypso Destinations 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.

20. Changes and access to this privacy policy

Calypso Destinations may, from time to time, review and update this privacy policy to take account of new laws and changes to Calypso Destinations’ operations. Changes to this Privacy Policy will not affect Calypso Destinations’ use of previously provided information.

This Privacy Policy is available on Calypso Destinations’ website at www.Calypso Destinations.com.au. A printed Privacy Policy can be obtained free of charge by contacting the Privacy Officer.