1. Definitions
(a) Access Pass means your membership card allowing you to enter the Club.
(b) Access Pass Fee means the Access Pass Fee specified in the Agreement.
(c) Agreement means this membership agreement made between you and Jetts incorporating the documents referred to in clause 2(b).
(d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.
(e) Club means the Jetts gym as specified in your Membership Agreement or any such Club that your membership may be transferred to.
(f) Club Access means the initial Joining Fee and Access Pass Fee specified in the Agreement.
(g) Club Rules mean the Club rules as amended from time to time, which are located at the Club.
(h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments.
(i) DD Membership Fee means the fortnightly fee payable for the DD Membership inclusive of any Payment Provider fees.
(j) Dishonour Fee means a $10.00 fee.
(k) Fighting Fit Pre-Workout Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club.
(l) Foundation Member means a Member that has a Foundation Membership as categorised by this Agreement.
(m) Jetts means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
(n) Joining Fee means the fee specified in the Agreement.
(o) J Series App means the Jetts App, MINDBODY, Incorporated.
(p) J Series means the J Series group fitness sessions offered by Jetts to Members
(q) Member means the individual who has entered into this Agreement with Jetts.
(r) Membership Agreement means the form provided to you by Jetts requiring you to provide the relevant details to Jetts (e.g. name, address, payment card details) relating to your membership.
(s) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.
(t) Minor means members under the age of 18.
(u) Paid In Advance (PIA) Membership means Members that have paid in advance according to the level of PIA membership as specified in this Agreement.
(v) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.
(w) Payment Provider means the payment provider specified from time to time by Jetts, which is currently Ezidebit unless Jetts otherwise specifies.
(x) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Jetts.
(y) Policies means the Jetts membership policies as amended from time to time, which are located at www.jetts.com.au/policies and available at your Club on request.
(z) Privacy Policy means the Jetts privacy policy which is available at www.jetts.com.au/clubs or by emailing [email protected]
(aa) Products means any products that are purchased pursuant to Jetts sale of goods terms and conditions.
(ab) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.jetts.com.au/clubs Jetts reserves the right to change the Staffed Hours at any time without notice.
(ac) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.
2. Terms and Conditions
(a) Your membership is governed by this Agreement.
(b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.
(c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Jetts.
(d) Jetts reserves the right, in its sole discretion, to amend this Agreement.
(e) Jetts holds, so far as a provision of this Agreement is for the benefit of a third-party that provision on trust for the relevant third-party.
3. Membership
(a) Nature of Membership Your membership permits you to use Jetts’ premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by Jetts.
(b) Change to Details You must provide Jetts with any changes to your details, which are relevant to your membership in writing.
(c) All Club Privileges Subject to clause 18, your membership entitles you to utilise “Jetts” branded clubs, as listed on the website.
(d) Membership Hold Jetts will only hold your membership in accordance with the requirements of the Jetts Membership Hold Policy available at the Club or at www.jetts.com.au/clubs
(e) Membership Transfer – Paid in Advance (PIA) A Member may transfer their PIA membership in accordance with the Membership Transfer Policy available at the Club or on www.jetts.com.au/policies
(f) Membership Transfers – Direct Debit (DD) Members who pay fortnightly can transfer their membership in accordance with the Membership Transfer Policy available at the Club or on www.jetts.com.au/clubs
(g) Foundation Membership Members who duly complete and agree to this Agreement prior to the Club opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges is effective on the date Jetts advises the member by Written Notice. Jetts reserves the right to terminate a Foundation Member’s privileges in the event of the following:
(i) A PIA membership is not renewed prior to its expiry date;
(ii) A PIA membership is transferred to non-Member; or
(iii) A PIA membership is cancelled or terminated; or
(iv) A DD membership is cancelled or terminated; or
(v) A DD membership is in arrears; or
(vi) A DD membership is transferred in accordance with the Membership Transfer Policy; or
(vii) A member’s conduct is improper, harmful or illegal and contrary to the best interest of Jetts and / or its Members.
4. Payments
(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.
(b) For a DD Membership you must make your payments on a fortnightly basis in advance.
(c) For a PIA membership, you must pay your membership in advance according to your level of PIA membership as indicated by Jetts to you.
(d) For all memberships you must make payment of the Club Access and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIA by way of credit, cash or EFTPOS).
(e) You must provide to Jetts, in the form requested by Jetts, a Payment Agreement authorising Jetts’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
(f) Jetts will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Jetts cannot contact you, it will provide you with Written Notice of overdue payments.
(g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.
(h) A Member will be charged a $29.00 fee if their Access Pass is damaged or lost and requires replacement.
(i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.
(j) If there are repeated failures to meet your payment obligations (other than through the fault of Jetts or its Payment Provider), without prejudicing Jetts’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.
(k) You acknowledge and agree that Jetts may change its Payment Provider and that Jetts and/or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Jetts or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Jetts or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Jetts’ Privacy Policy.
(l) Jetts reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities. Jetts agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Jetts and/or the Payment Provider to debit the new amount to your account.
(m) If you opt in for a J Series membership and are on a DD Membership, the DD Membership Fee for both membership types will occur on the same date.
(n) If you are a PIA Member you can only opt into a J Series membership for the remainder of the PIA Membership term so that the J Series membership aligns with the PIA Membership subscribed to prior to the J Series upgrade.
(o) If you are on a DD Membership you may cancel your J Series membership at any time provided you request your membership be downgraded in writing to Jetts.
(ii) Your reduced financial obligations due to a membership downgrade will apply on and from the date that the Written Notice has been processed and accepted by Jetts.
5. Minimum Age
(a) All Members of Jetts must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership.
(b) You must be a minimum of 16 years of age to participate in J Series.
(c) Minors aged between 14-15 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.jetts.com.au/policies
(d) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.jetts.com.au/policies
6. Staffed Access
(a) A Member may be subject to a Staffed Access only membership, which will only allow them to attend the Club during Staffed Hours.
7. Access by Non-Members
(a) Jetts only grants Members, unless otherwise specified in this Agreement, access to the Club. No Member is permitted to bring a non-Member into the Club.
(b) If a Member breaches clause 7(a) of this Agreement, the Member acknowledges that:
(i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Jetts;
(ii) the act of bringing a non-Member into the Club constitutes automatic acceptance by the Member of a new membership for the non-Member. The Joining Fee and Access Pass Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways:
(1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and
(2) for a Member who holds a PIA Membership, the Member will receive an invoice for this amount;
(iii) payment of the amount in accordance with the clause above will entitle the non-Member to use the Club for one fortnight;
(iv) in order for the non-Member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new Members are required to comply with pursuant to this Agreement; and
(v) Jetts reserves the right to terminate the membership of the Member who brings a non-Member into the Club.
8. Orientation
(a) It is a condition of this Agreement that you participate in a scheduled Member orientation program.
(b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas.
(c) Jetts may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.
(d) You acknowledge and agree that “Jetts” branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Jetts that you will seek assistance from Jetts personnel before using equipment that is unfamiliar to you.
9. Physical Condition
(a) It is your responsibility not to use any equipment or to participate in J Series sessions if they may adversely affect any medical condition.
(b) You hereby represent to your Club and Jetts and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.
(c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club.
(d) You acknowledge that Jetts did not give you any medical advice before you used the equipment or participated in J Series sessions, and cannot give you any medical advice after you use the equipment.
10. Fighting Fit Pre-Workout Questionnaire
(a) It is a condition of membership with Jetts that each Member, prior to using the Club, has to complete the Fighting Fit Pre-Workout Questionnaire.
(b) You will not be permitted to use the Club until you have completed the Fighting Fit Pre-Workout Questionnaire.
(c) Jetts reserves the right to restrict, suspend or terminate your membership if Jetts is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Jetts with a medical certificate confirming that you are fit to train.
11. Video and Audio Surveillance
(a) For security purposes, Jetts uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.
(b) By accepting this Agreement you acknowledge that by accessing any “Jetts” branded club you will be subject to video and audio surveillance and recording.
(c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.
12. Equipment
(a) You understand and acknowledge that Jetts purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.
(b) You understand and acknowledge that Jetts is providing recreational services and may not be held liable for defective products or equipment.
13. Liability for Property
(a) Jetts is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.
(b) If you cause damage to the Club or any equipment you are liable to Jetts for its cost of repair or replacement.
14. Release and Indemnity
(a) Jetts is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment.
(b) If you accept this Agreement, you agree to restrict the liability of Jetts if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.
(c) Jetts may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Jetts.
(d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
>15. Release and Indemnity (Victoria)
(a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you —
(i) are rendered with due care and skill; and
(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(iii) might reasonably be expected to achieve any result you have made known to the supplier.
(a) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
(b) You accept that your use of the facilities provided by Jetts or at any “Jetts” branded club is at your own risk and you acknowledge that the use of the facilities may involve risk or injury, whether caused by you or another party. By accepting this agreement you agree that Jetts will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
16. Cooling Off Period
(a) All new memberships are subject to a cooling off period of 10 business days.
(b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.
(c) For any membership terminated validly during the cooling off period, Jetts will refund to you the total of all Membership Fees.
17. Your Right to Terminate Your Membership
(a) You may terminate your membership at any time on the following basis:
(i) You provide a request for termination of your membership in writing to Jetts.
(ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:
(A) your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and
(B) there will be a refund of any unused Membership Fees.
(iii) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.
(iv) If your request for termination is for reasons other than permanent sickness or physical incapacity:
(A) in relation to DD Memberships:
(1) you may terminate your membership at any time;
(2) you must provide Jetts with Written Notice of termination with Jetts processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and;
(3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Jetts and the Member has a right to continue attending the Club until the Member’s pre-paid period expires.
(B) in relation to PIA Members:
(1) you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 17(a)(ii); and
(2) if you do not renew your PIA membership by the renewal date, your membership will automatically expire.
18. Jetts’ Right to Restrict or Terminate Your Membership
(a) Jetts may restrict your membership (including by limiting access to other “Jetts” branded clubs and for limiting access to Staffed Hours) at any time on the following basis:
(i) concern for the health and/or safety of the Member; or
(ii) non-compliance, improper or harmful conduct engaged in by the Member.
(b) Jetts may terminate your membership at any time on the following basis:
(i) you fail to make any payments of your Membership Fees;
(ii) Jetts reasonably suspects that you are engaging in illegal activity in the Club;
(iii) you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or
(iv) your conduct is improper or harmful to the best interest of Jetts Members.
(c) In the event that Jetts terminates your membership in accordance with clause 18(b), termination will be effective on the date that Jetts sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA Member, Jetts will not refund any unused portion of your fees.
(d) Upon termination of your membership by Jetts, you will cease to have access to the Club, and Jetts has the discretion to deny you access to any ”Jetts” branded club. Any money owing to Jetts when your membership ends, remains immediately due and payable and Jetts will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Jetts, you must pay the balance of the amount owing.
(e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.
(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
19. Termination and Unauthorised Cessation of Direct Debit
(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Jetts for any unpaid fees, or fees incurred by Jetts.
20. Assignment
(a) Jetts may assign or novate its rights under this Agreement at any time without prior consent.
21. Risk Warning
(a) Jetts warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
(i) slipping on wet flooring;
(ii) being struck by weights;
(iii) colliding with equipment, or other Members;
(iv) engaging in strenuous exercise and activities; or
(v) incorrect use of equipment or Club,
(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
(c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Jetts are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
22. J Series
(a) Jetts reserves the right to decrease the number of J Series fitness session at any time without notice, provided that the reduction in sessions are not significantly decreased.
(b) You must book your J Series session in advance through the Jetts App or the Club.
(c) If you cancel any J Series session within one hour of its scheduled start time you will forfeit the session and not receive a refund.
(d) You may purchase J Series sessions through a PIA Membership.
(e) The J Series sessions purchased through a PIA Memberships will expire as follows:
(i) a one (1) session pass will expire after 30 days from the date of purchase; and
(ii) a ten (10) session pass will expire after 6 months from the date of purchase.
1 About this privacy policy
This document sets out the policy of Jetts Fitness Pty Ltd ACN 123 921 326, its related companies and Jetts franchised Clubs (collectively, Jetts) relating to the privacy of your personal information (Privacy Policy). Jetts is committed to protecting the privacy of the personal information it collects and receives. Jetts 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 Jetts whether at one of Jett’s clubs, Jetts head office or via Jetts website (www.jetts.com.au). This Privacy Policy seeks to explain:
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the kinds of personal information Jetts collects & holds;
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how Jetts collects and holds your personal information;
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why Jetts collects, holds, uses and discloses your personal information;
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how you may access and seek the correction of your personal information as held by Jetts;
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how you may complain about a breach of the APPs or a registered APP code (if any) that Jetts are bound by, and how Jetts will deal with such a complaint; and
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if Jetts 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 Jetts website www.jetts.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 Jetts’ collection, use and disclosure of your personal information in the manner described in this Privacy Policy.
2 Your Personal Information
Jetts only collects personal information (being information that identifies or could reasonably identify an individual) where Jetts considers it to be reasonably necessary for Jetts’ services, functions and activities. Jetts collects personal information to delivery our products and service to members including in circumstances when:
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processing and managing membership and franchisee applications;
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facilitating members & casual members gym access;
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conducting marketing activities, research & special offers;
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accurately identifying who is using Jetts’ services;
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communicating with members, franchisees & website visitors to Jetts’ website and online enquiries;
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profiling our members & their interests;
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operating Jetts’ business; and / or
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transferring memberships between clubs as per Jetts transfer policy. The types of information Jetts collects includes:
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name, age, gender, date of birth & next of kin;
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health information (height, weight, medical conditions);
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health and fitness goals;
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license and banking details;
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contact details (including phone, fax and e-mail);
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views and opinions; and
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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 Jetts policy to only collect your sensitive information where it is reasonably necessary for Jetts functions or activities and either you have consented or Jetts are required or authorised under law to do so.
4 How Jetts collects your personal information
Jetts will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.
Jetts will collect directly personal information:
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by email;
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over the telephone (including calls and SMS);
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via social media and over the intranet (including surveys);
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by written correspondence (such as letters, faxes);
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on hard copy forms (including registration forms, competition entry forms and surveys);
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in person; or
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through Jetts website (online purchases, web form submission or participation in a live chat);
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electronic systems such as applications and use of the club access card;
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and through Jetts’ security surveillance cameras.
Jetts may collect information from third parties including:
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your personal trainer;
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market researchers & direct marketing providers;
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parents or guardians of underage members;
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our current members (refer a friend);
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the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
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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 Jetts collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Jetts’ membership.
Jetts collects information to service its members. Jetts can use your information to:
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process applications for memberships, franchisees & prospective franchisees;
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understand Jetts’ members’ needs and requirements;
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manage & run Jetts website & social media platforms;
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providing you with information about Jetts services;
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delivering or enhancing Jetts’ products and services;
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help Jetts maximise the benefits provided to members;
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any other purpose directly related to Jetts’ business and for which you have provided consent (where it is reasonably required by law).
Jetts’ 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. Jetts will collect data relating to any transactions you carry out through Jetts’ website and the fulfilment of your order. Jetts may also use your data to monitor for any unauthorised use of Jetts’ website, content or subscriptions to Jetts’ services.
6 Purpose of collection
If Jetts collects personal information for a purpose (the primary purpose), Jetts will not use or disclose the information for any other purpose (the secondary purpose) unless:
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you would have consented to the use or disclosure of your personal information; or
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in relation to the use or disclosure of your personal information:
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you would reasonably expect Jetts to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose;
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use or disclosure is required or authorised under Australian law or a court/tribunal;
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a permitted situation exists in relation to Jetts’ use or disclosure of the information;
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a permitted health situation exists in relation to use or disclosure of the information; or
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Jetts 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.
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If Jetts uses or discloses your information because Jetts 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, Jetts 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
Jetts may use and disclose personal information for related purposes to third parties. Types of organisations to whom Jetts may disclose your personal information includes:
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government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts (as required by law);
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various law enforcement agencies and governments for security, customs and immigration purposes;
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banking service providers;
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rewards partner program providers;
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professional or government organisations; and
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Jetts’ contracted service providers including:
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information technology service providers;
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planning research and development providers;
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conference organisers;
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marketing and communications agencies;
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mailing houses, freight and courier services;
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printers & distributors of marketing material;
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debt collectors and banks;
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personal trainers; and
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external advisers (recruiters, auditors & lawyers).
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Jetts does not rent, sell or exchange your personal information to third parties without your prior approval.
9 Government Identifiers
Jetts does not adopt, use or disclose government related identifiers (such as a Medicare number or license number) as Jetts’ own identifier for you unless:
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it’s required/authorised by law or court/tribunal order;
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it’s reasonably necessary to verify your identity;
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it’s reasonably necessary to fulfil Jetts’ obligations; or
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Jetts reasonably believes it is reasonably necessary for one or more enforcement related activities.
10 Cookies
To improve Jetts’ services, Jetts sometimes collects de-identified information from web users. The information collected does not identify an individual but does help Jetts to analyse and improve its web services. When you visit Jetts’ website, a record of your visit is logged and the following data is supplied by your browser:
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your IP address and/or domain name;
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your operating system (type of browser & platform);
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the date, time and length of your visit; and
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the resources you accessed or downloaded.
Jetts 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 Jetts does not operate or control are provided for your convenience. Jetts is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Jetts encourages you to read before supplying any personal information to them.
12 Direct Marketing
If Jetts holds your information, Jetts may use or disclose that information (other than sensitive information) for direct marketing if:
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Jetts collected the information from you; and
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you would reasonably expect Jetts to use or disclose the information for that purpose; and
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Jetts provided you with a simple way to opt out of receiving direct marketing from Jetts; and
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you have not made such an opt out request to Jetts. Jetts may also use or disclose your information (other than sensitive information) for direct marketing if:
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Jetts collected the information from you and you would not reasonably expect Jetts to use or disclose the information for that purpose or someone other than you; and
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either:
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Jetts provided you with a simple way to opt out of receiving direct marketing from Jetts; and
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in each direct marketing communication with you:
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Jetts includes a prominent statement that you can request to opt out; or
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Jetts otherwise draws your attention to the fact that you can request to opt out; and
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you have not made such a request to Jetts.
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Jetts 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. Jetts may also use or disclose your personal information for direct marketing if:
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Jetts are a contracted service provider for a Commonwealth contract; and
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Jetts collected your information in order to meet an obligation under that contract; and
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the use or disclosure is necessary to meet (directly or indirectly) such an obligation.
If Jetts has collected the personal information that Jetts used to send you direct marketing material from a third party, you can ask Jetts to notify you of its source of information. It is Jetts’ policy is to do so unless it is unreasonable or impracticable.
13 How to opt out of direct marketing
If Jetts uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Jetts.
If Jetts uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Jetts does not use or disclose your information for this purpose.
Jetts will give effect to your request not to receive direct marketing from Jetts or an entity facilitated by Jetts within a reasonable time after the request is made.
14 Protecting your personal information
Jetts stores information in different ways, including paper and electronic form. Jetts takes reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure including:
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secure password protected databases for storage;
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confidentiality requirements of staff;
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security firewalls for access to Jetts’ systems;
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servers kept at a secure location with limited access;
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document storage security requirements;
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granting access only to verified individuals;
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access controls for Jetts’ buildings;
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limited the provision of personal information to third parties and subject to guarantees about use; and
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training staff to deal with the information.
Jetts cannot guarantee that personal information will be protected against unauthorized access or misuse and Jetts does not accept any liability for the improper actions of unauthorised third parties.
Jetts will retain your personal information for as long as necessary to fulfil Jetts’ obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Jetts collects your personal information.
Once Jetts is no longer required to retain your personal information, Jetts 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
Jetts and Jetts group entities may disclose your personal information to other third party service providers operating outside Australia who work with Jetts or one of Jetts’ suppliers, agents, or partners. Jetts 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, Jetts will first take reasonable steps to ensure that the overseas recipient:
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does not breach the Australian Privacy Principles in relation to your personal information; or
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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 Jetts to other Jetts 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 Jetts and other Jetts entities and provide you with a more personal and consistent experience, Jetts may exchange and combine personal information with other Jetts 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:
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Jetts will not be required to take steps as are reasonable in the circumstances to ensure that such third parties comply with the APPs;
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if the overseas recipient handles your personal information in breach of the APPs:
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the overseas recipient may not be subject to any privacy law or principles similar to the APPs;
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you may be unable to seek redress overseas;
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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.
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If you withdraw consent, Jetts 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 Jetts provided that is it lawful and practicable.
Jetts will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
It is Jetts’ policy to enable you to access Jetts’ website and make general phone queries without having to identify yourself and to enable you to respond to Jetts’ surveys anonymously.
In some cases however, if you don’t provide Jetts with your personal information when requested, Jetts may not be able to respond to your request or provide you with our service. For example, you must identify yourself to become a Jetts member or franchisee.
17 Accessing to your personal information
You have the right, upon request, to access any of Jetts’ 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.
Jetts 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, Jetts will give you access to the information requested.
If Jetts refuses your request to access personal information, Jetts 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:
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poses a serious threat to the life, health or safety;
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would have unreasonable impact on privacy of others;
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is frivolous or vexatious;
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relates to legal proceedings;
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reveals Jetts’ intentions or prejudice any negotiations;
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would be unlawful;
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is required or authorised by law or court/tribunal order;
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is likely to prejudice enforcement related activities; or
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relates to a commercially sensitive decision process.
When you make a request to access personal information, Jetts will require you to provide some form of identification (such as a driver’s licence or passport) so Jetts can verify that you are the person to whom the information relates.
18 Help Jetts keep your personal information accurate
Jetts will take reasonable steps to ensure Jetts’ 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 Jetts all the personal information Jetts may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Jetts provide may be affected.
If you think there is something wrong with the information Jetts holds about you please contact the Privacy Officer to:
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let Jetts know if there are any errors; and
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keep Jetts up-to-date with any changes, and Jetts will try to correct your personal information.
Jetts will respond to your request to correct your personal information and in a reasonable period of time. If Jetts refuses your request, Jetts will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.
If Jetts refuses to correct your personal information, you may request that Jetts associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Jetts will take reasonable steps to make the statement visible to users of your personal information.
If Jetts does correct your personal information and Jetts has previously disclosed your personal information to a third party, upon your request, Jetts 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 Jetts or if you’re concerned about how Jetts 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
Jetts may, from time to time, review and update this privacy policy to take account of new laws and changes to Jetts’ operations. Changes to this Privacy Policy will not affect Jetts’ use of previously provided information.
This Privacy Policy is available on Jetts’ website at www.jetts.com.au. A printed Privacy Policy can be obtained free of charge by contacting the Privacy Officer.
21 Jetts Privacy Officer
Jetts’ privacy officer can be contacted at:
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Email: [email protected]
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Telephone: 07 5458 5300 / Fax: 07 5458 5399
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Post: PO Box 1295, Mooloolaba QLD 4557
