fitnessequipmentcafe.com (we, us, our, or Fitness Equipment Cafe) recognises and values the protection of your privacy. We recognise that in using the Fitness Equipment Cafe website (the Website) and the service offered to you via the Website (the Service), you are entrusting us with your personal information so we understand that you want clarity about how we manage that information.
Information we request from you
When you make a purchase via our Website, we may ask you for the following information:
Phone numbers; and
We may also ask you to nominate a User Name, a Display Name and/or a Password and credit details for the purpose of paying for a purchase.
From time to time, we may ask you to supply additional personal information for specific purposes. In such cases, we will clearly explain why we request that information and unless we are required or authorised by law to request that information from you, providing such information to us is optional. Under no circumstances will we request any information from you that may disclose your:
political, religious or philosophical beliefs or affiliations;
health and sexuality;
racial or ethnic origin; or
We may conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you. Participation in such activities is optional.
Personal information via the Website
Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about matters such as your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not be used to identify you personally.
If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.
Your option not to provide your personal information
We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is optional to you. However, if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.
You may opt out of these additional communications at any time and can do so by emailing us at [email protected]
User Generated Data
Use and disclosure of your personal information
Your personal information, including your e-mail address, will be used, either on its own or as part of aggregated data (such as statistical data, trends, and usage information derived from your use of the Service), for the following primary purposes:
to ensure the proper functioning of the Service and the Website;
to ensure the proper functioning of the Fitness Equipment Cafe business; and
to assist Fitness Equipment Cafe with our marketing, planning, product development and research requirements.
We will not use or disclose (or permit the use or disclosure of) personal information that could be used to identify an individual member in any circumstances except:
to ensure the proper functioning of our business, the Service and the Website;
to communicate promotional offers and special events to you;
where applicable law requires, or authorises, us or a company holding data on our behalf to do so; or
where you have given express consent to us for a prescribed purpose.
Under no circumstances will we sell, rent or licence your personal information onto any third parties for profiling or advertising purposes.
Should a third party approach Fitness Equipment Cafe with a demand to access your personal information or your user generated data, including any text, sound, video, image or software files you have stored, posted or transmitted via the Service, we will take reasonable steps to redirect the third party to request the information directly from you, wherever it is lawful and reasonable for us to do so.
If we are compelled to disclose your personal information or your user generated data, including any text, sound, video, image or software files you have stored, posted or transmitted via the Service, to a third party we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so.
Security of personal information
In our business, personal information may be stored both electronically and in hard-copy form. We are committed to keeping your personal information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, you use the Website and/or Service at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a breach of your privacy.
Note that no information transmitted over the Internet can be guaranteed to be completely secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
Accuracy and quality of personal information
We will take all such steps as are reasonable in the circumstances to ensure that all information requested from you is kept accurate, up to date and complete. As we do not generally monitor the data you voluntarily upload as part of your use of the Service (such as your use of the message, calendar and gallery features) we cannot undertake to ensure that such data, even where it includes personal information, is kept accurate, up to date and complete.
Access to your personal information
In most cases, you have the right to access the personal information that we hold about you. If you wish to access your personal information, please contact our Privacy Officer at [email protected]
We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given.
In some cases, we will refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would: be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within the Fitness Equipment Cafe organisation in connection with a commercially sensitive decision-making process.
We will also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against Fitness Equipment Cafe and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.
Correction of your personal information
The accuracy of the personal information we have requested from you is important to us. Should you suspect, or become aware of, that personal information we hold as a result of having requested it from you is inaccurate, out of date, incomplete or misleading, please contact our Privacy Officer at [email protected]
We will deal with all requests for correction of personal information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given.
If we refuse to change the personal information as you request, we will provide you with reasons for our refusal, unless doing to would be unreasonable in the circumstances. We will also provide details of how you may make a complaint about our decision. Further, in case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading.
In the case we have corrected personal information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed the inaccurate, out of date, incomplete or misleading personal information.
Disposal of personal information no longer required
If we hold personal information about you, and we no longer need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.
Unsubscribing from our e-mail database
To unsubscribe from our e-mail database, please send an e-mail to [email protected] with “UNSUBSCRIBE” typed into the subject line of the e-mail. Note that, while you maintain a Fitness Equipment Cafe account, you are unable to unsubscribe from certain types of e-mails, such as important updates (including information about your account, security concerns and technical issues).
For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website http://www.oaic.gov.au.