Privacy policy

The KuboFit digital web and mobile applications (the “App”) are operated by KuboFit Pty Ltd ABN: 64607847192 (“KuboFit”). Kubofit is committed to respecting and protecting your privacy, and at all times acknowledges its obligations under the Privacy Act 1988 (Cth) (Privacy Act). To that end, we have prepared this privacy policy (“Privacy Policy”) to describe our information gathering and dissemination practices and our data protection practices for the App. Please read this policy carefully so that you understand our privacy practices. If you do not agree to this Privacy Policy, do not use the App or give us any of your information. The terms “KuboFit,” “we,” “us,” and “our” refer to Fitness and Lifestyle Group Bidco Pty Ltd. and its affiliates including KuboFit Pty Ltd, Fitness First Australia Pty Ltd, Goodlife Operations Pty Ltd, Jetts Company Clubs Pty Ltd, Go Health Clubs Holdings Pty Ltd, Barry’s Bootcamp Australia Pty Ltd, and Hypoxi Australia Pty Ltd. The terms “you,” “your,” and “yours” refer to the user/customer utilizing the App. This Privacy Policy is governed by our Terms of Use.

Statement of Commitment

KuboFit is committed to protecting your privacy and any personal information we collect. KuboFit complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.

KuboFit is committed to safeguarding personal privacy. It 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. Unless given consent to do otherwise, KuboFit will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information may mean some or all of the following: a user’s name, contact details, date of birth, contact details, attendance details, health and usage data.

Collecting personal information

KuboFit will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a user

We collect personal information primarily to enable us to provide users with our services.

KuboFit may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).

You don’t need to identify yourself when you deal with us (e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.

Personal information is collected from you when you;

• Create an account in the app
• Utilise the class booking function
• Sync your HealthKit information with the app

Collecting sensitive information

For the purposes of this Privacy Policy sensitive information means the information a user has disclosed to us about their physical and mental health and well being.

Sensitive information will only ever be used for providing services to users. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of KuboFit, any group company, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information.

The collection of sensitive information during purchasing or enquiry to purchase processes is collected to verify payment information.

Use of tracking technologies

KuboFit uses tracking technologies such as Apple HealthKit to provide a personalised experience through the app platform. We read and write the following specific data attributes into the HealthKit platform:

Category	Read Date	Write Data
Activity	Yes	No
Active Energy	Yes	Yes
Heart Rate	Yes	Yes
Steps	Yes	Yes
Walking and Running Distance	Yes	Yes
Workouts	Yes	Yes
Birthdate	Yes	No
Sex	Yes	No
Height	Yes	Yes
Weight	Yes	Yes

Because health data can be sensitive, HealthKit grants users control over their data by providing control over the information that KuboFit can share. You have the option to explicitly grant KuboFit permission to read and write data to the HealthKit data store.

KuboFit will not use information gained through the use of the HealthKit framework for advertising or similar services.

KuboFit will not disclose any information gained through HealthKit to a third party without express permission from the user. Even with permission, KuboFit will only share HealthKit related information to a third party if they are also providing a health or fitness service to the user.

KuboFit will not sell information gained through HealthKit to advertising platforms, data brokers, or information resellers.

KuboFit uses the HealthKit information to personalise your experience and provide feedback or recommendations. If the HealthKit option is switched off, specific sections of the KuboFit app and platform may not work or function correctly.

Children

KuboFit is not intended for or directed to persons under the age of 17, and we will not knowingly collect information from such persons. Any person who provides information to us through registration, usage or in any other manner on the platform is agreeing in representation to KuboFit that they are 17 years of age or older. If we learn that a child under 17 has submitted personal information to us, we will attempt to delete the information as soon as possible.

Using and disclosing your personal information

Personal Information will be used for the following primary purpose:

• To fulfil obligations under a member’s membership agreement and/or any other contract between him/her at any of our affiliates;
• To render services under a member’s membership agreement;
• To provide information about products, service and/or special offers to members;
• To obtain opinions or comments about products and/or services from members;
• To record statistical data for marketing analysis from members.
• KuboFit may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.

KuboFit recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of KuboFit, any of our affiliates, or any member of the public, or to lessen a serious threat to a person’s health or safety.

Contact by KuboFit

We will give you the opportunity to “opt out” of receiving from direct marketing or market research information from us. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do not consent. If an individual receives communications from KuboFit which they do not wish to receive, they may remove their name from the database by contacting KuboFit at [email protected].

Individual’s right of access

Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the KuboFit database. Information may be reviewed, amended or deleted by contacting KuboFit at [email protected] and requesting access

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 it is required for legal reasons.

Deletion of information may result in KuboFit being unable to provide products directly and/or provide certain services including after sales services.

Transfer, storage and security of personal and/or sensitive information

The personal information that we collect from you may be transferred to, and stored at, a destination outside Australia, including but not limited to Singapore, Denmark, Netherlands, New Zealand, United Kingdom, and the United States. It may also be processed by staff operating outside Australia who work for KuboFit, our parent company or for one of our partners/suppliers. By submitting your information through the platform, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and the Australian Privacy Principles, contained within the Privacy Act.

KuboFit takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure cloud based servers and in all cases these repositories are protected in controlled facilities. KuboFit employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by KuboFit. KuboFit only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de- identify personal information we no longer need, wherever possible.

Problems, queries or complaints

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

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

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).

KuboFit 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 our website.