This Privacy Policy sets out the policy of BK’s Gymnastics Pty Ltd (ACN 653 191 327) and each BK’s Gymnastics franchisee (together, ‘BK’s Gymnastics’ or ‘we’, ‘us’) with respect to the way we obtain, use and disclose information about you, including through our website at https://gymbaroo.com.au. We adopt and are bound by the Australian Privacy Principles (‘APPs’) contained in Privacy Act 1988 (Cth) (‘the Act’).
We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information. We are committed to providing a high level of privacy in relation to all Personal Information that is collected by us.
This Privacy Policy covers Personal Information collected, used and disclosed by us or our franchisees about you, if you are one of the following:
- a parent or a child engaging or enquiring about engaging with us;
- a franchisee or a prospective franchisee;
- a supplier engaged by us or a partner collaborating with us;
- an independent contractor or an employment applicant; and
- an employee, except where the use or disclosure is directly related to the relationship between us as employer and you as the employee and relates to an “employee record” about you as a present or past employee.
What is Personal Information?
“Personal Information” is information or an opinion about you as an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form.
“Sensitive Information” is information about an individual’s health (including predictive genetic information), racial or ethnic origin, political opinions, membership of a political association, professional or trade association or trade union, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, criminal record, biometric information that is to be used for certain purposes and biometric templates.
What Personal or Sensitive Information do we collect from you?
The types of Personal Information collected by us may differ, depending on whether you are a parent, a child, a franchisee, supplier, employee or independent contractor.
Generally, the Personal Information collected by us includes your name, address, telephone numbers, facsimile number and email addresses. We will also require your child’s name, gender and date of birth.
If you purchase goods from our online Shop and elect to pay by debit or credit card, we engage the services of payment gateway providers and we do not collect or store your bank account or debit/credit card details.
From our employees and/or prospective employees, we collect several types of information, including, but not limited to, employment status, gender, bank account details, emergency contact details, qualifications, previous employment details, driver’s licence numbers, car registration numbers, driving record, medical and health information, passports, leave summaries, wages and salary information, date of birth, superannuation information, tax file numbers, where relevant visa and immigration information, information relating to performance and conduct.
From our franchisees, we gather similar information to that obtained from employees as set out above, where relevant. Where applicable, we also require franchisee entity details including ABN and/or ACN, financial information including, bank account and credit card details, budget information, profit and loss statements, balance sheets, sales data and other business related information which may contain Personal Information.
From time to time, photos and video may be taken and used for marketing and promotional purposes which may include images of parents, children, other family members, franchisees and employees who may be able to be identified.
Sensitive Information relating to your child, mainly health information, may be collected where relevant to the goods or services that you have requested.
Other than as set out in this Privacy Policy, we do not collect Sensitive Information.
In some circumstances, you may deal with us anonymously or using a pseudonym. However, in most circumstances it is impracticable to do so because if you do not provide us with the Personal Information that we require or if you provide it in a way that does not identify you, we are likely to be unable to provide the goods and services requested by you.
How do we collect your Personal and Sensitive Information?
We collect Personal Information in a number of ways, including:
- from you when you make a general or specific telephone or online enquiry, open an account with us, purchase our goods and services or conduct any other business transaction with us;
- from you when you provide us with such information to us via our website, application forms, feedback forms, agreements or any other document provided by you to us and when you subscribe to our newsletter or agree to receive electronic direct mail or text messages from us;
- from third parties:
- where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. If so, to the extent reasonably practicable and where required by law, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party;
- if you are a prospective franchisee, or employee, we may obtain information from your former employers, suppliers, customers, credit reporting agencies, recruitment agencies, insurers and insurance brokers, referees nominated by you, or your representatives;
- where relevant to do so, and subject to your permission, we may obtain sensitive information in relation to your child from medical professionals, for the purpose of enabling us to better provide services to your child;
- by visiting or subscribing to any website or social media site established by us, including but not limited to Facebook and Instagram (“Social Media Sites”)
- from publicly available sources of information; and
- through analysis of the Social Media Sites conducted by us or by third parties on our behalf; and
- from our own records.
When you look at our website, we may use tracking technologies such as cookies to make a record of your visit by logging your internet protocol address, the date and time of your visit to our site, the pages that you have accessed and the type of browser you were using. We use these for statistical purposes and for the purposes of marketing and advertising to you. This type of statistical information and cookies do not identify you. Most web browsers are set to accept tracking technologies such as cookies. If you do not wish to receive any cookies you may set your browser to refuse them. However, your experience on our website may be affected.
Primary purposes for which we use and disclose your Personal Information
The primary purposes for which your Personal Information will be used and disclosed are to enable us to:
- provide you with the goods and services requested by you; and
- carry out our functions as your franchisor or employer (to the extent applicable to you).
- provide quality assurance for our goods and services;
- respond to your enquiries and feedback regarding our business and our goods and services;
- monitor the performance of our business and our franchisees, our contractors and employees, including by requesting that you participate in customer satisfaction surveys;
- market including email marketing and text messaging, promotional activities relating to our goods and services;
- enforce the terms and conditions of our engagement with you;
- manage our database; and
- ensure compliance with statutory obligations.
In relation to the Personal Information of franchisees (or prospective franchisees), the primary purposes include those mentioned above and the following:
- conducting appropriate credit checks;
- verifying information required under the franchise agreement, including, where applicable, by obtaining information from suppliers, insurers, banks, local municipal council or other relevant entity;
- to confirm and enforce compliance with the franchise agreement including but not limited to, ensuring you are complying with the terms and conditions you have with your customers and suppliers;
- providing franchisee support;
- to comply with disclosure requirements under the Franchising Code of Conduct; and
- all things of or incidental to carrying out our role as a franchisor.
We use and disclose information we hold about you as an employee of or incidental to our role as your employer and in accordance with applicable laws.
Direct Marketing
We may from time to time, communicate with you directly to promote our goods or services. In each communication, we will include a prominent statement about how to unsubscribe or opt out of receiving such communications. You may, at any time, request not to receive direct marketing communications from us and we will comply with that request.
Disclosure of your Personal Information via Social Media Sites
By engaging in any Social Media Activity on our Social Media Sites, you agree to the terms and conditions of such Social Media Sites. Any Personal Information shared by you on Social Media Sites is generally disclosed in accordance with the terms and conditions and privacy policies of such Social Media Sites.
Generally, photos and other material shared on Social Media Sites will be able to be viewed by the general public. Such material may be shared by others repeatedly and will be visible by anyone visiting the locations to which the material has been shared. You may be able to remove the material that you have shared from the location at which you shared it. However, any material that has been re-shared will be out of our control and neither you nor we will be able to remove it from any subsequently shared location. We are not responsible for any material that has been shared by you.
We reserve the right to remove any photos, comments or other material that is in any way inappropriate or offensive (in our opinion) from our Social Media Sites.
Consent to Use and Disclosure for Secondary Purposes
We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent, where that consent is required by law.
We may use and disclose your Personal Information for secondary purposes that are directly related to the primary purposes if:
- you have consented to the secondary use or disclosure;
- you would reasonably expect us to use or disclose your personal information for the secondary purpose, and that purpose is related to the primary purpose of collection, or in the case of Sensitive Information, directly related to the primary purpose; or
- such use or disclosure is required by law.
You consent to our use and disclosure of your Personal Information in the following ways:
- contact information of franchisees being disclosed on our website;
- financial results (de-identified and aggregated) disclosed to other franchisees for benchmarking purposes;
- prospective franchisees and franchisees’ details may be provided to our lawyers, for the production of legal franchising documentation and of or incidental to any matter requiring us to seek legal advice or assistance;
- to third party consultants who may from time to time develop, upgrade or manage all or part of our database, computer systems, internet site and Social Media Sites;
- to third parties where we outsource any of our functions, including but not limited to development, production and/or printing of advertising and marketing material and campaigns, including where such material contains photos or video of individuals; mystery shopping and customer satisfaction surveys;
- of or incidental to a sale of all or part of our business, to prospective purchasers and their legal and accounting representatives; and
- as required by law.
Cross Border Disclosure
We do not actively disclose your Personal and Sensitive Information overseas. However, we use programs, software, online tools, or Social Media Sites that may be based in and/or housed overseas. Our use of such products may involve disclosure of your Personal Information to such organisations overseas. In using such products, we will take all reasonable steps to ensure all privacy settings are set to the highest possible level of confidentiality and privacy. However, use and disclosure of your Personal Information by such overseas organisations is generally in accordance with the terms and conditions and privacy policies of such organisations.
The table below shows the main products we currently use (which may change from time to time).
| Product/website | Country of disclosure | Link to Privacy Policy |
| MailChimp | USA | https://mailchimp.com/legal/privacy/ |
| Booking Autopilot | UK | https://support.bookingautopilot.com/portal/en/kb/articles/privacy-policy |
| Stripe | USA and other countries | https://stripe.com/en-au/privacy |
If you consent to disclosure of your Personal Information as described above, we are not required to take reasonable steps to ensure that such organisations do not breach the APPs in relation to the disclosed information, we will not be liable under the Privacy Act and you may not be able to seek redress under the Privacy Act. The overseas organisation may not be subject to any privacy obligations in their own country that are similar to the APPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities. Having been informed of the possibility that such disclosures may occur, you consent to that disclosure by undertaking the type of activities specified above which indicate your consent.
Security
We are committed to ensuring the security of your Personal Information and we will take all reasonable steps to protect this Information from misuse, interference, loss, unauthorised access, modification or disclosure, including:
- having a robust physical security of our premises and databases/records;
- taking measures to restrict access to personnel who need that information in order for us to be able to provide our products and services; and
- technological measures, such as computer passwords, data back-up, anti-virus software and firewalls and up-to-date software.
We will take all reasonable steps to ensure your Personal Information is accurate and kept up-to-date and complete and is relevant for the purposes for which it may be used pursuant to this Privacy Policy.
Please note that our website does not provide systems for secure transmission of Personal Information across the internet, except where otherwise indicated. When emailing or providing Personal Information to us via our website, please be aware that there are risks involved in transmitting Personal Information via the internet. Our website may contain links to other websites. We have no control over the privacy practices employed at other websites and we accept no responsibility for Personal Information provided via unsecured websites.
We cannot provide a guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the internet.
You must ensure your username and password applicable to our online shop are kept secret. We cannot be held liable where you have not kept your username and password strictly confidential.
Destruction or de-identification
Some Personal Information may be stored for a period of time after our relationship with you has ended, if we are required to retain such information for legal purposes. When your personal information is no longer required, it will be deleted or de-identified securely.
How to check or change your details
If you wish to view the Personal Information we hold about you, please send your request to our Privacy Officer by email or mail using the contact details at the end of this Privacy Policy.
If you wish to amend the Personal Information because it is inaccurate, out of date, incomplete, irrelevant or misleading, or if you wish your Personal Information to be deleted, please contact our Privacy Officer. We will provide you with access to your Personal Information on request within a reasonable period after the request is made except where it:
- May pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
- Would have an unreasonable impact on the privacy of other individuals;
- May have an unreasonable impact upon the privacy of others;
- Is frivolous or vexatious;
- Is likely to prejudice the taking of appropriate action in relation to suspected unlawful activity, or misconduct of a serious nature, that relates to BK’s Gymnastics functions or activities;
- Is likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body;
- Relates to existing or anticipated legal proceedings with the person who is the subject of the information and would not be accessible through discovery;
- May reveal our intentions and prejudice negotiations with the individual;
- May prejudice investigation of any possible unlawful activity; or
- Would be unlawful or denial of access is allowed by law.
We will, prior to providing access, require you to provide evidence of your identity.
If we deny your request for access, we will let you know why.
No fee will be charged for an access request. You may be charged the reasonable expenses incurred in providing any information (such as search and photocopying costs).
We will correct your Personal Information if we discover that the information is incorrect or if you request that we make the change, within a reasonable time of becoming aware of such error or the request being made. If you ask us to, we will take reasonable steps to notify third parties to whom we have previously disclosed the Personal Information, that corrections are required. However, we will only comply with such request if such notification is not impracticable or unlawful.
If we are asked to correct Personal Information and we do not agree that it is incorrect, we will provide a written explanation of the reasons for our refusal to correct the information, and the mechanisms available to the individual to make a complaint if they are unsatisfied. In these circumstances, we will keep a record of the information regarded as inaccurate or out-of-date.
Changes to our Privacy Policy
From time to time we may amend or update this Privacy Policy. When this occurs, we will post the new version of the Privacy Policy on our website. We encourage you to periodically review this Privacy Policy so that you remain informed as to how we are protecting your Personal Information.
Complaints
If you believe that we have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal Information by us or any of our franchisees, please contact our Privacy Officer. We will discuss your concerns with you and take action as necessary to address such concerns which may include contacting us to take the matter further.
We will endeavour to resolve your complaint as soon as possible. However, the length of time will depend on the nature and complexity of the issues you have raised.
You will receive an acknowledgement of receipt of the complaint from us within five business days. We will give you an estimate of how long it may take us to deal with the matter but we will endeavour to finalise the matter within 30 days.
If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.
Some of the things that we may decide to do include:
- take steps to rectify the problem or issue you have raised;
- provide you with additional information or advice so that you can understand what happened and how we have dealt with it;
- take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things.
It will not always be possible to resolve a complaint to everyone’s satisfaction. In that case, you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: https://www.oaic.gov.au/privacy/privacy-complaints
We welcome your questions and comments regarding this Privacy Policy.
Contact Details
BK’s Gymnastics Pty Ltd
Privacy Officer: Tony Tran
Address: Level 4/102 Albert Road, South Melbourne VIC 3205
Email: privacy@gymbaroo.com.au