Privacy Policy

This Privacy Policy applies to the services offered by HYPOXI Australia Pty Limited ACN 114 194 277 (“HYPOXI”).

STATEMENT OF COMMITMENT

HYPOXI complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and is committed to protecting your privacy and any personal information it collects. This Privacy Policy explains how HYPOXI may collect, use, disclose, store and otherwise handle personal information (and where applicable, sensitive information), including how you may access such information held by HYPOXI.

This Privacy Policy is applicable to HYPOXI’s Australian businesses only, including its franchised businesses.

CONSENT

HYPOXI is committed to safeguarding personal privacy. HYPOXI recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously by HYPOXI. Unless given consent to do otherwise, HYPOXI will only collect and use personal information as set out below in this Privacy Policy.

Notwithstanding the above, this Privacy Policy applies to your personal information regardless of the way in which HYPOXI collects it. By submitting information to HYPOXI or by otherwise accessing or using HYPOXI’s websites or social media platforms, you consent to HYPOXI using and disclosing your personal information in the ways described in this Privacy Policy.

YOUR PERSONAL INFORMATION

Personal information is collected by HYPOXI where necessary or related to one or more of its functions or activities, including but not limited to providing clients with services, or for the purposes of improving its services.

The types of personal information that HYPOXI may collect includes but is not limited to:

  • name and contact details;
  • age and date of birth;
  • emergency contact details;
  • debit/credit card details, bank account details and/or tax file numbers;
  • health or medical information – if you intend to use HYPOXI’s services for which your health status may be a consideration;
  • where applicable, your driver’s licence, vehicle registration and insurance details;
  • where applicable, your student identification details;
  • payment history;
  • whether you are a member of one of HYPOXI’s commercial partners with whom HYPOXI organises discounts or other promotional arrangements for members and customers;
  • your image, if you are photographed at one of HYPOXI’s venues;
  • bankruptcy details;
  • health fund details;
  • sensitive information; and
  • if you apply for a job in one of HYPOXI’s businesses, details about your education, employment history, membership of professional associations, referees and next of kin.

COLLECTING PERSONAL INFORMATION

HYPOXI will only collect your personal information (including sensitive information, where applicable) by lawful and fair means, including directly from you or authorised third parties. HYPOXI may also use the information for marketing to you, or for any other purpose permitted under the Privacy Act 1988 (Cth).

HYPOXI may collect your personal information in a number of ways, including but not limited to:

  • when you send HYPOXI an e-mail, “contact us” message, or make any other form of written enquiry;
  • via mobile sites, applications, widgets and other mobile interactive features, for example when you provide feedback via a QR Code application;
  • via HYPOXI’s official social media pages that it controls, such as the official pages for HYPOXI’s various businesses on Facebook, Twitter, and Instagram;
  • when you visit or telephone one of HYPOXI’s venues to ask about HYPOXI’s services;
  • when you sign up to use HYPOXI’s services, whether online or in person;
  • when you make a booking at one of HYPOXI’s venues;
  • when you enter a promotion, competition, provide feedback or participate in a survey, market research or other promotional activities which HYPOXI (or one of its agents) conducts;
  • when you sign up to receive HYPOXI’s newsletters or marketing material;
  • if your photograph is taken at one of HYPOXI’s venues; and
  • when you submit an application for employment with HYPOXI.

Personal information may be requested for a number of reasons, including but not limited to the following; to enable HYPOXI to provide a service or product requested by a client or prospective client, update information presently held on file, and/or advise of other HYPOXI products or services which may be of interest to you. You are not obligated to provide the personal information requested, however, failure to do so may result in HYPOXI being unable to provide services or products to you.

HYPOXI may also collect information (including sensitive information, where applicable) from third parties including but not limited to the following third parties:

  • someone duly authorised to act on your behalf;
  • HYPOXI’s commercial partners with whom HYPOXI organises discounts or other promotional arrangements for members and customers;
  • market researchers & direct marketing providers HYPOXI engages;
  • HYPOXI’s official social media platforms and from people with whom you are friends with or otherwise connected to on social media platforms;
  • parents or guardians of underage clients;
  • a current client who undertakes to have obtained your prior consent (for example, via refer a friend initiatives);
  • debit and payment service providers who process transactions on behalf of HYPOXI’s businesses;
  • the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC);
  • public sources (directories, client lists, professional and trade associations, bankruptcy or court registry searches);
  • HYPOXI franchisees; and
  • recruiters HYPOXI has retained, and from referees you have provided in support of a job application.

COLLECTING SENSITIVE INFORMATION

For the purposes of this Privacy Policy, sensitive information is a subset of personal information and means the information a client has disclosed to HYPOXI about their physical and mental health and wellbeing.

Sensitive information will only ever be used for the purpose of providing services to a client. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases where disclosure may be required, as set out below in this Privacy Policy.

ANONYMITY AND PSEUDONYMS

You do not need to identify yourself when you deal with HYPOXI (e.g. to find out more about client packages). However, in certain situations HYPOXI will only deal with individuals who have identified themselves to HYPOXI.

If you do not provide HYPOXI with certain information required, HYPOXI may not be able to provide you with access to its services or products, or respond to your request or communication.

USE OF TRACKING TECHNOLOGIES

HYPOXI uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. A web beacon is a technical method that sends information related to the access to websites when you browse websites, open or preview a HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow HYPOXI to monitor the HYPOXI website, and to record how many people are using the different parts of the site. It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by HYPOXI’s website.

USING AND DISCLOSING YOUR PERSONAL INFORMATION

Personal information (including sensitive information, where applicable) may be used by HYPOXI for any of the following primary purposes:

  • to render services and provide products to a client;
  • to respond to a query or feedback;
  • to provide information about products, services and/or special offers to a client;
  • to obtain opinions or comments about products and/or services from a client;
  • to record statistical data for marketing analysis from a client;
  • to process and consider an application for employment;
  • to assist with HYPOXI’s internal business processes;
  • to conduct market research and/or to improve HYPOXI’s product and service offerings;
  • to administer contests, promotions and surveys;
  • for any other purposes that could be reasonably expected of HYPOXI; and
  • to enable HYPOXI to comply with its obligations under law.

HYPOXI may employ or contract other companies or service providers to assist in providing HYPOXI’s services, including but not limited to; marketing, market research, mail-house services, hosting and product development services, analysis of client lists and/or consulting services. These third parties may have access to personal information that is needed to perform their specific function(s) and cannot use that information for other purposes beyond those functions.

The third parties to which HYPOXI may disclose personal information to include:

  • related entities of HYPOXI;
  • contractors, agents and suppliers HYPOXI engages to provide products and/or perform services;
  • commercial partners with whom HYPOXI has agreed information sharing arrangements with;
  • HYPOXI’s professional advisors such as legal professionals and accountants;
  • law enforcement bodies;
  • a purchaser of all or part of HYPOXI’s business; and
  • any other person for any other purposes that would be reasonably expected (including if required by law).

You have a right to request access to your personal information held by us. You are also able to update your details or request us to remove your details should you wish to “opt out” in the future. Should you wish to access, update or remove your details, please email us at [email protected].Alternatively, if you have an online account with one of our businesses, you may be able to access the personal information we hold about you via your online account. If there is a lawful reason for not providing you with access, we will provide you with a written explanation and will inform you of the mechanism to complain about our refusal at that time. Please note that we will respond to your requests as soon as reasonably practicable and we may charge a reasonable fee for doing so.

HYPOXI does not sell your name or other personal information to third parties.

HYPOXI recognises the trust with which individuals provide personal information, and such information (including sensitive information, where applicable) will not be used or disclosed for any other purposes beyond those set out in this Privacy Policy without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of HYPOXI, any HYPOXI group company, any member of the public, or to lessen a serious threat to a person’s health or safety.

CONTACT BY HYPOXI

HYPOXI does not send advertising information without obtaining prior consent. If an individual receives communications from HYPOXI which they do not wish to receive, they may request to have their details removed from HYPOXI’s database by contacting HYPOXI by emailing [email protected].

INDIVIDUAL’S RIGHT OF ACCESS

HYPOXI endeavours to ensure that the personal information collected and used is accurate, complete and up-to-date. However, the accuracy of information held is dependent to a large extent on the information provided to HYPOXI. Individuals have the right to review, amend or delete personal and/or sensitive information that may be recorded on the HYPOXI database.

Information may be reviewed, amended or deleted by emailing HYPOXI at [email protected].

A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where information is required to be kept for legal reasons. Deletion of information may result in HYPOXI being unable to sell products directly and/or provide certain services including after sales services.

If HYPOXI refuses your request to access personal information, within thirty (30) days of receiving your request HYPOXI will provide a written notice setting out the reasons for the refusal and how you can complain about the refusal. HYPOXI may refuse such a request if granting access to information could result in any of the following circumstances:

  • poses a serious threat to the life, health or safety;
  • would have unreasonable impact on privacy of others;
  • is frivolous or vexatious;
  • relates to legal proceedings;
  • reveals HYPOXI’s intentions or prejudice any negotiations;
  • would be unlawful;
  • is required or authorised by law or court/tribunal order;
  • is likely to prejudice enforcement related activities; or
  • relates to a commercially sensitive decision process.

STORAGE AND SECURITY OF PERSONAL AND/OR SENSITIVE INFORMATION

HYPOXI takes all reasonable steps to keep secure personal information recorded and to ensure that this information remains accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. HYPOXI employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by HYPOXI. HYPOXI only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. HYPOXI destroys or de-identifies personal information no longer needed by HYPOXI, wherever possible.

HYPOXI AND LINKS TO OTHER WEBSITES

HYPOXI may provide links to websites outside of the HYPOXI website. Where applicable, these linked sites are not under the control of HYPOXI, and HYPOXI is not responsible for the conduct of companies linked to the HYPOXI website, nor for the performance or otherwise of any content and/or software contained in such external websites.

PROBLEMS, QUERIES OR COMPLAINTS

For further information regarding this Privacy Policy or to make a complaint about the steps taken by HYPOXI to protect your personal information or privacy, please contact HYPOXI by emailing [email protected]. HYPOXI will investigate any complaints received in writing and do its best to resolve them as soon as possible.

If you are not satisfied with the result of your complaint to HYPOXI, you can refer your complaint to:

Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).

UPDATES

HYPOXI reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on HYPOXI’s website.

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