Privacy notice

At Anytime Fitness, we are committed to protecting the privacy of our customers, members, franchisees, employees, suppliers and visitors to our website. This Privacy Policy explains how we collect, use, store, disclose, and safeguard your personal and sensitive information in accordance with Australian privacy laws and regulations. Please read this Privacy Policy carefully, because by using our services or website, you agree to the terms outlined herein.

Anytime Australia Pty Ltd (ACN 131 035 491) its related bodies corporate and franchisees of Anytime Fitness (collectively referred to as Anytime Fitness or our or we) is in the business of providing services in connection with gymnasium, personal training and physical services (Services).

This Privacy Policy sets out the policy of Anytime Fitness with respect to the way in which we collect, use, disclose, store, secure and dispose of Personal Information (as that term is defined in the Privacy Act 1988 (Cth) (Act)) about our customers, members, franchisees employees, suppliers and visitors including through our website, social media platforms and other online or digital platforms (including via any applications developed or operated by Anytime Fitness) (Online Platforms).

Anytime Fitness is dedicated to ensuring that personal and sensitive information is gathered with respect to the individual and aims to exercise the highest standard of care in preserving privacy of information in all areas of operation.

The information about individuals’ health collected by Anytime Fitness is handled in compliance with applicable State and Territory health records legislation.

For the purposes of this Privacy Policy, “Personal Information” is defined under the Act and characterised as being information or an opinion about an identified individual, or an individual who is reasonable identifiable: 

1. whether the information or opinion is true or not; and 
2. where the information or opinion is recorded in a material form or not. 

“Sensitive information” under the Act means:

1. information or an opinion about an individual’s:
    i. racial or ethnic origin; or
   ii. political opinions; or
   iii. membership of a political association; or
   iv. religious beliefs or affiliations; or
   v. philosophical beliefs; or
   vi. membership of a professional or trade association; or
   vii. membership of a trade union; or
   vii. sexual orientation or practices; or
   ix. criminal record;
   that is also personal information; or
   
2. health information about an individual; or
3. genetic information about an individual that is not otherwise health information; or
4. biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
5. biometric templates.

The types of Personal Information we may collect about an individual will depend upon the nature of our interaction with them. Personal Information that we collect may include (but is not limited to) the following: 

1. name, address;
2. gender; 
3. date of birth; 
4. mobile and telephone numbers; 
5. e-mail address and residential/postal address;
6. payment details, such as credit card, debit card or bank account details;
7. identification information such as driving license details, including driving license number;
8. certification information;
9. occupation and employment details including employment status and any previous work experience;
10. information from or in connection with your resume or job application if you apply for a position with us;
11. Medicare details including individual reference number;
12. emergency contact details;
13. credit history and credit information;
14. trade references, credit references or reports from a third party;
15. criminal record as well as other disciplinary action and history;
16. passport and visa details;
17. photographs and/or images of you from camera footage;
18. information from social media accounts and profiles.

The types of Sensitive Information we may collect about an individual will depend upon the nature of our interaction with them. Sensitive Information that we collect may include (but is not limited to) the following:

1. health information including health issues;
2. medical history;
3. medication;
4. whether you’re a smoker or pregnant;
5. any disabilities that are necessary to properly advise you about fitness training (including your height, weight, and any other health details you provide us, such as body scan results);
6. immunisation, vaccination or other health information which ensures we are able to comply with our legal obligations or risk assessments including information where government regulations or public health orders apply to the provision of Services.

We will obtain consent as necessary to collect Sensitive Information.

We collect and record Personal Information and/or Sensitive Information about individuals such as:

1. our customers, potential customers and their representatives;
2. our members past and present, including applicants;
3. our franchisees past and present, including applicants;
4. our suppliers and potential suppliers and their representatives, directors, partners, proprietors and shareholders;
5. contractors and subcontractors and potential contractors and subcontractors and their representatives in relation to providing goods and services to us;
6. other individuals who may use our products and Services;
7. our employees past and present, including applicants; 
8. our investors and shareholders; and
9. any other person who comes into contact with Anytime Fitness.

We do collect Personal Information from individuals under the age of 18, but only where we have obtained express consent from a parent or legal guardian. We do not knowingly collect, use, or disclose personal information from minors without such consent. If you are a parent or guardian and believe that your child has provided us with Personal Information without your consent, please contact us immediately so we can take appropriate action.

We may also collect behavioural and/or statistical information about individuals or businesses in connection with the Services.

We collect your Personal Information and Sensitive Information to allow us to conduct our business and organisational functions, to provide, market and sell our products and Services and for the specified purposes set out in clauses 22 to 27. In some circumstances the collection of Personal Information and Sensitive Information may be required by law.

We may collect your Personal Information or Sensitive Information in the course of providing you with goods or Services, or:

1. when you provide information to us in any way (including by completing a form, disclosing information over the phone, via email, fax or post, or providing us a business card);
2. when you apply to set up a membership account with us and/or our franchisees;
3. when you visit premises from which we or our franchisees operate;
4. when a third party purchases products or Services for you to use;
5. when you provide us, or you offer or apply to supply us, with goods or services;
6. when you request information about us, our products or our Services;
7. when you provide feedback to us;
8. when you visit or fill in a form on our Online Platforms;
9. when you (or your employer) provide that information to us in the course of conducting or administering our relationship with you, or when you are carrying out activities in connection with our business operations;
10. where it is required for the purposes of assessing, approving or on boarding members or potential members;
11. where it is required for the purposes of assessing, approving or on boarding franchisees or potential franchisees;
12. when you submit a job application to us;
13. when you make a request to us, for the purposes of processing the relevant request
14. when you otherwise contact us by telephone, fax, email, social media, post or in person; or
15. when you use an Anytime Fitness Club;
16. where we are otherwise required or authorised by law to do so.

Generally, when providing our products and Services, dealing with our personnel, or obtaining goods and services from our service providers, suppliers or contractors, we collect Personal Information and/or Sensitive Information directly from the relevant individual where reasonable and practicable.

We may also collect Personal Information about you from third parties and other sources such as:

1. your nominated representatives (eg spouse, accountant, power of attorney, brokers and other professional advisors);
2. third parties who purchase our products and Services for you, such as when a customer purchases a membership for you to use or when your employer has an account with us and purchases a membership for you to use;
3. Anytime Fitness LLC;
4. publicly available sources of information;
5. related entities, companies and businesses of Anytime Fitness;
6. if required by regulatory bodies;
7. government departments and information providers, such as the Department of Immigration and Citizenship (Vevo check);
8. other commercial credit providers, or
9. credit reporting bodies who provide information about commercial credit worthiness,
10. where it is required for the purposes of assessing, approving or on boarding members or potential members;
11. where it is required for the purposes of assessing, approving or on boarding franchisees or potential franchisees;
12. when you submit a job application to us;

but we will generally only collect your information in this way if it is unreasonable or impracticable to collect this information directly from you or if we are otherwise permitted to do so.

If we collect Sensitive Information, including health information, we will ask for your consent to collect sensitive information, unless the law allows us to collect it without your consent.

Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.

In some cases we are required to collect Personal Information under relevant state and federal legislation. For example:

1. where we are entering into credit arrangements;
2. to verify your identity under the relevant regulations.

If you choose not to provide your Personal Information and/or Sensitive Information to us for the purposes set out in this Privacy Policy, or if we do not or are unable to collect the Personal Information and/or Sensitive Information we require, we may not be able to provide you with any, or part of, the requested information, products or Services, or to effectively conduct our relationship with you.

We use the Personal Information and Sensitive Information we collect about you for our business and organisational functions and activities, in order to operate our business efficiently, and to market our products and Services for the benefit of our customers.

We may collect, hold and use your Personal Information and Sensitive Information:

1. to identify and communicate with you (Online Platform, email or by telephone);
2. to enable us to provide you or a third party you nominate with requested information, products or Services;
3. to otherwise assist customers and members by providing them with information and support;
4. to collect and process payments;
5. to help us to manage and enhance products or Services we provide to you;
6. to help us to manage and enhance goods and services we procure from our suppliers and subcontractors;
7. to personalise and customise your experiences on our Online Platforms;
8. to facilitate, manage and administer any membership account you may hold or seek to hold with us;
9. to facilitate any other agreements which involve us, or in which we have a commercial interest in;
10. to manage and maintain credit accounts for the provision of products or services on credit
11. to carry out, or request a third party to carry out on our behalf, credit checks as well as credit reporting where you or your business are seeking to use a credit facility;
12. to carry out checks on the Personal Property and Securities Register (PPSR) (which may involve a disclosure to the PPSR operator) to confirm your business’ details including ACN or ABN where you have applied for credit;
13. to carry out debt and equipment recovery functions;
14. to promote and market our products and Services to you;
15. to provide you with information that we believe may be of interest to you or that you may be interested in receiving, including advertising material, regarding us, our clients, and our business partners;
16. to conduct research for the purposes of improving existing products or Services or creating new products or services;
17. to help us research the needs of our customers and members, including by de-identifying the information or undertaking data analytics, to enable us to understand our database and to market our products and services with a better understanding of your needs and the needs of customers and members generally
18. to notify and assess insurance claims, pay settlements and finalise claims, and determine liability;
19. to protect you and us from fraud;
20. to provide for the safety and security of workers and onsite visitors;
21. to help us manage our business operations;
22. for business support purposes including maintenance, backup and audit;
23. to process any job application submitted by you;
24. to process requests submitted by you;
25. to respond to any queries or complaints you may have; or
26. to comply with our statutory and legal obligations.

We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, but we have no obligation to monitor the use of the Online Platform or to retain the content of any user session.

We may aggregate Personal Information of our customers for reporting and statistical purposes, for business improvement and for marketing purposes. This allows us to better inform ourselves of our customers’ preferences and requirements, and to enable us to monitor the effectiveness of and constantly improve our Online Platform and our products and services. If we disclose any aggregated, demographic or de-identified information to third parties it will not contain any Personal Information.

You consent to us using your Personal Information in the above ways and as set out in this Privacy Policy.

We may otherwise collect, use or disclose your Personal Information where the collection, use or disclosure is:

1. in accordance with this Privacy Policy or any agreement you enter into with us, or
2. required or authorised by law, including without limitation the Australian Privacy Principles under the Act.

Anytime Fitness may disclose, or provide access to, your Personal Information and, if necessary, your Sensitive information to third parties in connection with the purposes described in clauses 22 to 27. Depending on the circumstances and the nature of your engagement with us, we may disclose your Personal Information to our related entities, to third parties that provide products and services to us or through us, or to other third parties (such as your referee(s) in connection with a job application you have submitted).

We may also disclose your Personal Information and Sensitive Information to:

1. any of our internal divisions, business units or departments
2. your nominated representatives
3. our franchisees and their employees and contractors;
4. other organisations or individuals who assist us in providing products and Services to you;
5. professional service providers and advisors who perform functions on our behalf, such as lawyers;
6. medical providers including medical and rehabilitation practitioners for assessing insurance claims;
7. representatives, agents or contractors who are appointed by us in the ordinary operation of our business to assist us in providing goods or services or administering our business (such as for data storage or processing, data analytics, printing, mailing, marketing, planning and product or service development);
8. credit reporting bodies and mercantile reporting agencies (e.g.Equifax);
9. debt collecting agencies;
10. other entities who are your credit providers or trade suppliers;
11. banks, lenders, valuers, insurers, brokers, auditors, business consultants and IT service providers, in connection with products or services that those parties provide to us; and
12. Government, regulatory authorities and other organisations as required or authorised by law (such as ATO, ASIC and the police).

We may also disclose your information to our Online Platform host or software application providers in certain limited circumstances, for example when our Online Platform experiences a technical problem or to ensure that it operates in an effective and secure manner.

As we continue to develop our business, we may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, Personal Information and/or Sensitive Information may be among the transferred assets. Similarly, in the event that a portion or substantially all of our business or assets are sold or transferred to a third party, we may also disclose customer information including your Personal Information to a purchaser or potential purchaser in connection with the sale or potential sale of us, our business or any of our assets, including in insolvency.

Personal or Sensitive Information that is in our possession is not subject to rent, sale or any other disclosure to any other company or organisation, except where otherwise lawfully permitted under this Privacy Policy or without prior consent of individuals where that consent is required by law. Individuals consent to our use and disclosure of their Personal Information where it is incidental to a sale of our business (or any part thereof) to a third party or where the Personal Information is or becomes de-identified as otherwise permitted under this Privacy Policy or under the law. They also consent to Personal and Sensitive Information being disclosed to Anytime Fitness support office, franchisees and placed on an intranet that is accessible by support office and all franchisees. This is required to enable individuals to be recognised as an Anytime Fitness member, no matter which Anytime Fitness Club they attend in Australia.

If we find that we no longer require (including for our internal record-keeping and compliance purposes) or have no further need for your Personal Information or Sensitive Information, we may, to the extent permissible, de-identify it or remove it from our systems and destroy all record of it.

No Personal Information is collected by Anytime Fitness when individuals visit our Online Platforms, unless they chose to provide it to us (for example, by sending us emails through our Online Platforms). However, we may collect certain data that does not identify individuals (sometimes called “web log information”) when they visit certain pages (such as the type of browser and operating system they have). We may also use “cookies” which are small files that are stored on computer and that manage the security and navigation process of the Online Platform. Users can choose to block these cookies but some portions of the Online Platform may not function correctly if they do. This type of data is collected for statistical purposes only, and while cookies will identify a computer, they are unlikely to identify users personally.

You consent to Anytime Fitness using your Personal Information for sending you information, including promotional material, about us or our products and Services, as well as the products and services of our related entities and third parties, now and in the future.

You also consent to us sending you such information by means of direct mail, email, SMS and MMS messages, and by other channels from time to time (such as app push notifications on mobile phones and devices, or through participating in chat bot interactions).

If you do not want to receive marketing information from us, you can unsubscribe in any of the following ways:

1. clicking on the ‘Unsubscribe’ or subscription preferences link in a direct marketing email that you have received from us;
2. following the opt out instructions provided in an SMS communication that you have received from us;
3. disabling app push notifications in your phone via device settings, which will disable all app notifications from us (these can be enabled again via the settings menu at any time, which will also re-enable the marketing app notifications);
4. logging into your account and editing your communication preferences, or
5. contacting us using the contact details specified below.

Our Online Platforms use up-to-date technology to maximise the security of user’s Personal Information. Anytime Fitness places an importance on the security of all information associated with our customers. Our security and this Privacy Policy are continually reviewed and updated and the user information is accessed by authorised personnel. We aim to prevent accidental manipulation, destruction, use, disclosure loss or unauthorised access of Personal Information and/or data.

Our Online Platforms (and particularly the Anytime Fitness application) contain capabilities of collecting your Personal Information and Sensitive Information via the use of those Online Platforms. Specifically, this may occur via the integration between the Anytime Fitness Online Platforms (including our API) and third-party affiliated applications and services such as Apple Health, Google Health or Evolt 360 Body Composition Analyzer

The collection of Personal Information via any third-party integrated or affiliated applications and/or software will be subject to the privacy policies and practises of those third-parties. The Apple, Google and Evolt privacy statement and information may be obtained via:

1. Apple: https://www.apple.com/legal/privacy/en-ww/.
2. Google: https://safety.google/privacy/data/.
3. Evolt: https://evolt360.com/privacy-policy/.

Our Online Platforms may contain links to other websites which we do not control and therefore they are not covered by our Privacy Policy. If users access other websites using the links provided, operators may collect information from users and use it in accordance with their own privacy policy, which may differ from ours. We have no control over the types of information third-party site owners choose to collect and how they use it.

Anytime Fitness encourages all comments on any of our social networking pages (Facebook, Instagram YouTube, X (formerly known as Twitter) etc.), as we would like to hear from our followers, customers, fans, clients, friends and staff. Customer views, news, ideas, insights and criticisms about Anytime Fitness are very important to us, yet the social networking sites must not be used to abuse others, expose others to offensive or inappropriate content, or for any illegal or unlawful purpose.

It is the user’s responsibility to protect their personal privacy when using our social networking pages. We advise users not to include any Personal Information of either themselves or of others in their published posts or comments (such as email addresses, private addresses or phone numbers).

In addition, it is recommended to refrain from posting materials to any of our social media pages or profiles that infringe the intellectual property rights of others and not to include internet addresses or links to websites, or any email addresses in such published posts.

Any information posted to the Anytime Fitness Social Networking pages (Facebook, Instagram, YouTube, X (formerly known as Twitter) and others) is recorded and used for the purpose of administering pages and addressing any comments made, while no attempt will be made to identify users except where authorised by law.

We are not responsible for the privacy practices or content of social networking pages (Facebook, Instagram, YouTube, X (formally known as Twitter) and others). The responsibility of Anytime Fitness is limited to our own published posts made on the official Anytime Fitness Australia social media accounts.

We may use your Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business. We may also provide, including by way of sale, de-identified information in aggregated form, to third parties. This information may include (but is not limited to):

1. age demographics;
2. purchasing trends;
3. trends and statistics in relation to the Services;
4. statistics about purchasing patterns of the Services;
5. statistics surrounding the Services.

When your Personal Information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.

We use all reasonable endeavours to secure any Personal or Sensitive Information that we hold and aim to keep this information accurate and up-to-date. Technical and organisational security measures are in place to ensure the security of information and to protect it against deliberate or accidental manipulation, destruction, use, disclosure loss or unauthorised access.

Personal and Sensitive Information is stored behind industry standard firewalls and where applicable, protected by user names and passwords. Where appropriate, Personal and Sensitive Information is kept within a locked storage room.

Anytime Fitness reserves the right to change this Privacy Policy from time to time and without prior notice. Any changes to Privacy Policy will be posted on the Anytime Fitness website or via our other Online Platforms or we may decide to inform you via other means, such as by way of direct email communication. In order to remain updated and informed on protection of Personal and Sensitive Information, we encourage users to review this Privacy Policy regularly. If, at any time, you have questions, comments or concerns about our privacy commitment or our privacy obligations please contact us.

The access to Personal Information that we and/or our contractors hold can be obtained on request. It is at the discretion of Anytime Fitness to provide this information to individuals, depending upon legal circumstances or our obligations. Users are entitled to tell us if they do not wish us to hold their information, we will remove all such information from our database. Individuals also have the right to ask us to correct information about them which is inaccurate, incomplete or out of date.

If you wish to seek access to, correction of or deletion of Personal Information that Anytime Fitness holds about you, please contact us at privacy@anytimefitness.com.au. We may ask you to put your request in writing. It is important to us that the Personal Information we hold about you is accurate, complete and up to date.

We are a national organisation, and a sub franchisor of an internationally run organisation, and may collect, use and disclose Personal Information and Sensitive Information generally within Australia (including between states and territories). Generally, we do not send or disclose your Personal Information (and Sensitive Information) to overseas recipients. However, there may be certain circumstances in which some of your Personal Information and Sensitive Information may be disclosed, transferred, stored, processed or used overseas by us, or by third party service providers (including Anytime Fitness LLC, in the United States). For example, this may happen if:

1. you access and use any of Anytime Fitness Clubs around the world;
2. our offices or related entities are overseas;
3. we outsource certain activities overseas
4. transactions, information, services or products have an overseas connection, or
5. our computer systems including IT servers are located overseas.

You consent to the collection, use, storage, and processing of your Personal Information and Sensitive Information outside of Australia as set out in this Privacy Policy.

In particular, your Personal Information and Sensitive Information may be disclosed to third parties outside Australia in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy.

Should a member visit an Anytime Fitness club overseas in accordance with their reciprocal access, their Personal Information will be shared with that club in accordance with the privacy policy applicable, either to that club or the entity/entities which operates or manages that club. Prior to accessing any Anytime Fitness club outside of Australia, you should ensure that you familiarise yourself with the privacy policy or privacy statement applicable to that club. For a list of all countries whereby Information may be shared in this manner, please visit the following link: https://www.anytimefitness.com/locations/

You can either provide a written request or complaint at one of our clubs, or you can contact our Privacy Officer as follows;

1. By registered post: Privacy Officer, Anytime Fitness, Level 2, 110 Alexander Street, Crows Nest, NSW 2065, Australia;
2. By email: privacy@anytimefitness.com.au. 

This Privacy Policy applies to Anytime Australia Pty Limited, its employees, franchisees and contractors.
If we decide not to correct or provide you with access to your Personal Information, we will give you our reasons for our decision.

We are committed to ensuring our Privacy Policy is accessible. Please contact us if you require this policy in a different format.

If you have a complaint about the way we have dealt with your Personal Information, please contact us at via the details available in the previous section of this Privacy Policy. We will make all reasonable attempts to respond to your complaints or requests.

We undertake an ongoing video recording in every Anytime Fitness gym for the purpose of ensuring security and the safety of all Anytime Fitness members and occupants in every club via CCTV cameras, recording the time and date at which images are taken.

Video recordings can be accessed only by authorised staff.

Video recordings of a specific incident may be released to state and territory police services only under the terms of this policy or subject to the execution of a search warrant or other legal process and only with the approval of Anytime Fitness Legal Counsel.

This Privacy Policy contains specific provisions applicable to users using Services in or accessing our  Online Platforms from Australia. Note, the main section of the Anytime Fitness, LLC Privacy Policy shall continue to apply for Australia-based users. However, where any provisions in the main Privacy Policy conflict with this Privacy Policy, this Privacy Policy shall take precedence for Australia-based users only.

If you are:

1. a resident of the European Union accessing our Online Platforms or attending an Anytime Fitness club in Australia; or
2. accessing our Online Platforms or receiving our Services from within the European Union,

then in addition to our obligations under the Act, Anytime Fitness is required to comply with the General Data Protection Regulation (EU) 2016.679 (GDPR) with respect to your Personal Information.

Any reference to Personal Information in this Privacy Policy is also a reference to Personal Data (as defined under the GDPR).