Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Embrace Fitness and Wellbeing Pty Ltd relationship with you in relation to this website.

The term ‘Embrace Fitness and Wellbeing Pty Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 7 Independent Way, Traralgon VIC 3844.  Our business registration number is ABN 17 602 582 721.  The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.  Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information.  They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without Embrace Fitness and Wellbeing Pty Ltd prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.


Disclaimers

Embrace Fitness and Wellbeing maintains this website to provide information to the internet community.  Such information may be subject to amendment and updating without notice.

The information contained in this website is for general information purposes only. The information is provided by Embrace Fitness and Wellbeing and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Through this website you are able to link to other websites which are not under the control of Embrace Fitness and Wellbeing. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Embrace Fitness and Wellbeing takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

Access to and use of this information is subject to the following terms and conditions:

The sole purpose of this website is to provide information to the reader.

Whilst the information contained within this website is believed to be accurate, no representation or warranty, express or implied, is or will be given by Embrace Fitness and Wellbeing as to the accuracy or completeness of this information or opinions contained herein. 


Privacy

Embrace Fitness and Wellbeing knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This policy describes the types of personal information that we may collect about you, the purposes for which we use the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy.

THE POLICY

As used throughout this policy, the term “Embrace Fitness and Wellbeing” refers to Embrace Fitness and Wellbeing Pty Limited, ABN 17 602 582 721.  Embrace Fitness and Wellbeing is bound by the Privacy Act 1988 (Cth) (the Privacy Act) and by other applicable laws which govern privacy.

We may amend or update our Privacy Policy at any time and will publish any updated policy on the Embrace Fitness and Wellbeing website.  We encourage you to check the Embrace Fitness and Wellbeing website regularly to ensure that you are aware of the terms of our current Privacy Policy.  

By visiting Embrace Fitness and Wellbeing and submitting any personal information to us (whether in a club, via our website or otherwise), you are accepting and consenting to the practices described in this Privacy Policy.

1. What personal information about you does Embrace Fitness and Wellbeing collect?

The information we gather from you helps us to continually improve your experience with Embrace Fitness and Wellbeing. This personal information may include: your name and contact information; date of birth; preferred communication methods; business name (in the case of a corporate membership) and business address; bank details and/or credit card details and your objectives and interests.  We also create information that becomes part of the personal information we hold about you, such as your membership number and your usage of the club and the products that you purchase from us. We may also collect and create details on joint members and other family members, where applicable, including family members under the age of 18.

We may also collect the following information:

Sensitive information

The term “sensitive information” in this context refers to information related to your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record, or your health information, genetic information that is otherwise not health information, or biometric information or templates. Whilst we do not generally collect sensitive information unless it is volunteered by you, we do specifically collect health data to the extent that it is required to assess your readiness for physical exercise.

Personal Information from Children

Other than information that becomes part of the personal information we hold about our under 18 members such as their membership number and usage of the club and the products that are purchased on behalf of under 18 members, we do not knowingly collect personal information from individuals under 18 years of age without the permission of their parent or guardian. As a parent or legal guardian, please do not to allow your children to submit personal information without your permission.

Photographs for Membership Card

In the interests of security and the prevention of crime, we take a digital photograph of each member to whom a membership card is issued including our under 18 year old members. By providing the digital photograph to us, you are consenting to our using it in the manner set out in this Privacy Policy.

Contacting us via Website or otherwise

When you use the www.myembrace.com.au website (Our Site) or contact us by post, telephone, fax, email or SMS, we collect, store and use certain personal information that you disclose to us. This includes details such as your name, address, telephone, fax, email and mobile phone number as well as traffic data, location data, web logs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. If you contact us, we may keep a record of that correspondence.

CCTV

We use CCTV in our clubs for health and security reasons.  If you have any queries in relation to the use of CCTV operating in and around our clubs please contact us.

Surveys

We also ask you to complete surveys that we use for feedback and research purposes, although you do not have to respond to them.

Online portals and profile

We may also collect and use the personal information you provide while using our online portals and any profile that you create while using our services including health, training and nutritional information.

2. Why do we collect personal information from you and how do we use personal information?

The main types of personal information Embrace Fitness and Wellbeing collects and the main purposes for which personal information is collected, used, held and disclosed are set out below:

  • We use personal information to provide the services you request from Embrace Fitness and Wellbeing such as to facilitate administration of your membership of the club, to manage our relationship with you, to communicate with you and assist you with queries and to facilitate bookings of classes and appointments with our own or third party service providers and other transactions.
  • We also use personal information in order to provide and improve our services and operate our facilities (including as described above), or otherwise as required or authorised by law. For example, when an individual sends Embrace Fitness and Wellbeing a query, we will use the individual’s personal information for the purposes for which the individual provided it.
  • We may also use the information to: advertise products and services, to carry out market data analysis so that we can continue to deliver enhanced services and facilities, to process payments and maintain accounts and records, to prevent crime and aid in the prosecution of offenders, to comply with the law, and to administer and maintain membership records. In addition, we use this information to improve our platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf. As part of conducting our business, personal information may also be used to maintain and develop our business systems, including testing and upgrading them.
  • We also use your details to send you newsletters and promotions, and to conduct online surveys or surveys by telephone; prize draws; competitions and other promotions via email, telephone or post. We will also use the information in the course of collecting your membership fees and any other payments that may be due to us from you. If you apply for employment at Embrace Fitness and Wellbeing, we use the personal information you supply to process your job application. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act and are covered by a separate policy.
  • We use health information provided by you so that we can assess your general health, wellbeing and your readiness for physical exercise. If we need to collect sensitive information (such as health information), we will not collect that information unless we have first obtained your consent.
  • We may also invite you to set up a profile with our preferred personalized wellness tracking system provider. This profile will only be set up with your consent. 
  • Other than as set out in this Privacy Policy we will not share your personal information with third parties for marketing or any other purposes without your consent, unless we are required to do so by law. We operate an automatic opt-in policy which means that when you request information from us or make an enquiry we add you to our database.

3. In what circumstances may Embrace Fitness and Wellbeing disclose personal information?

Information about our club users is an important part of our business and we do not sell it to others. Embrace Fitness and Wellbeing discloses member information in connection with the purposes outlined in this Privacy Policy. We only disclose personal information as described below and with our group companies which are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.

Our personnel (including our employees and contractors):

Our personnel have access to personal information to the extent that they need to access your personal information in connection with their duties and your membership.

Third party service providers:

We employ other companies and individuals to perform functions on our behalf. Examples include our banking services, sending postal mail and e-mail, removing repetitive information from member lists, analysing data, and providing marketing assistance.  We also use third party information technology service providers for the purposes of hosting, storing and securing information and data. Third party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by the Privacy Act.

Promotional offers:

Sometimes we send offers to club users on behalf of other businesses. When we do this, we do not give that business your name and address or any of your health information or other sensitive information. Please tick the opt-out box in your terms and conditions, or let us know in writing, if you don’t want to receive any of the following offers:

  • marketing communications from Embrace Fitness and Wellbeing;
  • marketing communications from our partners.
  • Business transfers:

As we continue to develop our business, we might sell or buy health clubs or subsidiaries or business units. In such transactions, member information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the member consents otherwise). Also, in the event that Embrace Fitness and Wellbeing or substantially all of its assets are acquired, personal information will of course be one of the transferred assets.

Personalised wellness tracking system:

If you are invited to set up a profile with our preferred personalised wellness tracking system provider and only if you consent to set up a profile we will share your contact details and whether you are male or female with this provider. Any information you share with this provider will be subject to the privacy policy of the provider and we will not have any control over information on the provider’s website or system.

Protection of Embrace Fitness and Wellbeing and others:

We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our membership or other agreements; or protect the rights, property or safety of Embrace Fitness and Wellbeing, our users or others.  This includes exchanging information with other companies and organisations (including credit reporting agencies) for fraud protection and credit risk reduction and with police or other government authorities. Obviously, however, this does not include selling, sharing or otherwise disclosing personally identifiable information from members for commercial purposes in a way that is contrary to the commitments made in this Privacy Policy.

With your consent, other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.

4. What about cookies?

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and to automatically collect information from your computer such as your IP address and other details about your computer which are automatically collected by our web server, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. However, because cookies allow you to take advantage of some of Embrace Fitness and Wellbeing’s essential features, we recommend that you leave them turned on.

If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.

Please note that our advertisers may also use cookies, over which we have no control:

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise Our Site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to Our Site.

5. How secure is information about me?

Embrace Fitness and Wellbeing endeavours to take all steps as are reasonable in the circumstances to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

6. What about links to other websites?

Our site may include links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites.

These third-party websites may use technology to send (or “serve”) the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy.  Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called “ad networks” or “network advertisers”), including information about how to opt-out of their information collection.

7. What choices do I have?

As discussed above, you can always choose not to provide information however this may mean we cannot provide some or all of our services to you. If you do not want to receive e-mail or other mail from us, tick the opt-out box in your terms and conditions or let us know in writing if you don’t want to receive these offers. However, please note, if you do not want to receive legal notices from us, such as this Privacy Policy, those notices will still govern your use of Embrace Fitness and Wellbeing and it is your responsibility to review them for changes.

You have the right to ask us not to process your personal information for marketing purposes by sending an email to the Embrace Fitness and Wellbeing Privacy Officer, whose details are set out in section 10 below.

8. How can I access or correct my personal information or make a complaint?

If you wish to make a complaint about the way we have handled your personal information (including if you think we have breached the Privacy Act), you may do so by contacting us using the details set out in section 10 below. If you make a complaint, please include contact details such as your name, address, telephone number and email address and clearly describe your complaint. We will respond to your complaint within a reasonable period and will endeavour to resolve the issue in an efficient manner. If we are unable to resolve your complaint and you believe that we have breached the Privacy Act, you may wish to contact the Office of the Australian Information Commissioner.

 9. Notices and revisions

Our business changes constantly and our Privacy Policy and the website terms and conditions will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. However, we stand behind the promises we make and will never materially change our policies and practices to make them less protective of member information collected in the past without the consent of affected members.

 10. Contact

For further information about Embrace Fitness and Wellbeing’s privacy procedures and practices, or to request access to or correction of your personal information or make a complaint, please contact the Embrace Fitness and Wellbeing Privacy Officer using the following details:

Email: [email protected]

Address: Embrace Fitness and Wellbeing, 36  Princes Dr, MORWELL VIC 3840

This Privacy Policy was last updated February 2015.