1. About this privacy policy
This document sets out the policy of The Muscle Group (ACN 614 053 575) and its related businesses including Muscle Medicine, relating to the privacy of your personal information (Privacy Policy).
We are committed to protecting the privacy of the personal information we collect and receive.
This Privacy Policy applies to all your dealings with us; through the practice, through online bookings, emails, phone calls and on our website (www.musclemedicine.com.au)
This Privacy Policy seeks to explain:
the kinds of personal information we collect & hold;
how we collect and hold your personal information;
why we collect, hold, use and disclose your personal information;
how you may access and seek the correction of your personal information as held by us;
how you may complain about a breach of the Australian Privacy Principles (APPs) or a registered APP code (if any) that we are bound by, and how we will deal with such a complaint; and
our commitment to the use of your personal information
By using our website www.musclemedicine.com.au, completing any client information forms, competition entry forms, contact, newsletter or other information forms, you accept this Privacy Policy and expressly consent to The Muscle Group's collection, use and disclosure of your personal information in the manner described in this Privacy Policy.
2. Your Personal Information
The Muscle Group only collects personal information (being information that identifies or could reasonably identify an individual) where we consider it to be reasonably necessary for our functions and activities.
The Muscle Group collects personal information to deliver our products and services to our clients including in circumstances when we are:
processing and managing client medical information forms
conducting marketing activities, research & special offers;
communicating with visitors to website and online enquiries;
profiling our members & their interests through questionnaires and surveys;
operating our business; and/or
The types of personal information we collect includes:
name, age, gender, date of birth & next of kin;
health information (height, weight, medical conditions);
contact details (including phone and e-mail);
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 The Muscle Groups policy to only collect your sensitive information where it is reasonably necessary for our functions or activities and either you have consented or we are required or authorised by law to do so.
The types of sensitive information we generally collect includes information relating to health issues that are necessary to properly provide you with massage and related services. The types of health-related information include medical history, whether you are using medication, are pregnant and other health-related information.
4. How The Muscle Group collects your personal information
The Muscle Group will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.
The Muscle Group will collect directly personal information:
by email;
over the telephone (including calls and SMS);
via social media and over the internet (including surveys);
by written correspondence (such as letters, faxes);
in hard copy forms (including client forms, competition entry forms and surveys);
in person;
through the Muscle Medicine website (online purchases, web form submission or participation in a live chat);
electronic systems such as applications;
The Muscle Group may collect information from third parties including:
parents or guardians of underage clients;
our current clients (refer a friend);
public sources (directories, membership lists, professional and trade associations, ASIC, bankruptcy or court registry searches).
5. Unsolicited personal information
Unsolicited personal information is personal information The Muscle Group receives that we have taken no active steps to collect (such as a job application sent to us by an individual on their own initiative, rather than in response to an advertisement).
We may keep records of unsolicited personal information if the information is reasonably necessary for one or more of our functions or activities. If not, it is our policy to destroy the unsolicited information or ensure that the information is de-identified, provided it is lawful and reasonable to do so.
6. Using your personal information
The main purposes for which The Muscle Group collects, holds, uses and discloses personal information are to provide services and benefits to our clients and to grow our following.
The Muscle Group can use your information to:
process client historical forms;
understand our clients’ needs and requirements;
manage & run our website & social media platforms;
provide you with information about our services;
delivering or enhancing our products and services;
any other purpose directly related to our business and for which you have provided consent (where it is reasonably required by law).
The Muscle Group may also use your data to monitor for any unauthorised use of our website or content.
7. Purpose of collection
If The Massage Group collects personal information for a purpose (the primary purpose), we will not use or disclose the information for any other purpose (the secondary purpose) unless:
you would have consented to the use or disclosure of your personal information; or in relation to the use or disclosure of your personal information:
you would reasonably expect us to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose (sensitive information) or related to the primary purpose (not sensitive information);
use or disclosure is required or authorised under Australian law or a court/tribunal;
a permitted situation exists in relation to our use or disclosure of the information;
a permitted health situation exists in relation to use or disclosure of the information; or
We reasonably believe 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.
If The Muscle Group uses or discloses your information because we reasonably believe 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, we will make a written note of the use or disclosure.
8. Do you have to provide personal information?
You can refuse to provide personal information. However a refusal may mean that The Muscle Group may not be able to safely provide the service you requested.
9. Sharing your personal information
The Muscle Group may use and disclose personal information for related purposes to third parties. Types of organisations to whom we may disclose your personal information includes:
The Muscle Groups associated businesses (Muscle Medicine, Muscle Marinade, Muscle Medicine Academy & Education)
government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts (as required by law);
various law enforcement agencies and governments for security, customs and immigration purposes;
banking service providers;
rewards partner program providers;
professional or government organisations; and
The Muscle Group contracted service providers including:
information technology service providers;
planning research and development providers;
conference organisers;
marketing and communications agencies;
mailing houses, freight and courier services;
printers & distributors of marketing material;
debt collectors and banks;
massage therapists; and
external advisers (recruiters, auditors & lawyers).
The Muscle Group does not rent, sell or exchange your personal information to third parties without your prior approval.
10. Government Identifiers
The Muscle Group does not adopt, use or disclose government related identifiers (such as a Medicare number or licence number) as our own identifier for you unless:
it’s required/authorised by law or court/tribunal order;
it’s reasonably necessary to verify your identity;
it’s reasonably necessary to fulfil our obligations; or
The Muscle Group reasonably believes it is reasonably necessary for one or more enforcement related activities.
11. Cookies
To improve The Muscle Groups services, we may sometimes collect de-identified information from web users. The information collected does not identify an individual but does help us to analyse and improve its web services.
When you visit our website, a record of your visit may be logged and the following data may be supplied by your browser:
your IP address and/or domain name;
your operating system (type of browser & platform);
the date, time and length of your visit; and
the resources you accessed or downloaded.
We use 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.
12. Links to other websites
Links to third party websites that The Muscle Group does not operate or control are provided for your convenience. The Muscle Group is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which we encourage you to read before supplying any personal information to them.
13. Direct Marketing
If The Muscle Group holds your information, we may use or disclose that information (other than sensitive information) for direct marketing if:
The Muscle Group collected the information from you; and
you would reasonably expect us to use or disclose the information for that purpose; and
The Muscle Group provided you with a simple way to opt out of receiving direct marketing from us; and
you have not made such an opt-out request to us
The Muscle Group may also use or disclose your information (other than sensitive information) for direct marketing if:
The Muscle Group collected the information from you and you would not reasonably expect The Muscle Group to use or disclose the information for that purpose or someone other than you; and
either:
you have consented to the use or disclosure of the information for that purpose; or
it is impracticable to obtain that consent; and
The Muscle Group provided you with a simple way to opt out of receiving direct marketing from us; and
in each direct marketing communication with you:
The Muscle Group includes a prominent statement that you can request to opt out; or
The Muscle Group otherwise draw your attention to the fact that you can request to opt out; and
you have not made such a request to us.
The Muscle Group 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.
If The Muscle Group has collected the personal information that we used to send you direct marketing material from a third party, you can ask us to notify you of its source of information. It is The Muscle Group policy to do so unless it is unreasonable or impracticable.
14. How to opt out of direct marketing
If The Muscle Group uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from The Muscle Group.
If The Muscle Group uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that The Muscle Group does not use or disclose your information for this purpose.
The Muscle Group will give effect to your request not to receive direct marketing from us or an entity facilitated by us free of charge within a reasonable time after the request is made.
15. Protecting your personal information
The Muscle Group stores information in different ways, including paper and electronic form. we take reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure including:
secure password protected databases for storage;
confidentiality requirements of staff;
servers kept at a secure location with limited access;
document storage security requirements;
granting access only to verified individuals;
limited the provision of personal information to third parties and subject to guarantees about use; and
training staff to deal with the information.
The Muscle Group cannot guarantee that personal information will be protected against unauthorized access or misuse and The Muscle Group does not accept any liability for the improper actions of unauthorised third parties.
The Muscle Group will retain your personal information for as long as necessary to fulfil our obligations to you, to protect our legal interests, to comply with laws or as otherwise stated to you when we collect your personal information.
Once The Muscle Group is no longer required to retain your personal information, we will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.
16. Anonymity
You have the option of not identifying yourself or using a pseudonym when dealing with The Muscle Group provided that is it lawful and practicable.
We will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
The Muscle Group is required/authorised by law or court/tribunal order to deal with identified individuals; or
it is impracticable for us to deal with individuals who have not identified themselves.
It is our policy to enable you to access our website and make general phone queries without having to identify yourself and to enable you to respond to The Muscle Group surveys anonymously.
In some cases, however, if you don’t provide The Muscle Group with your personal information when requested, we may not be able to respond to your request or provide you with service. It is important that when we are providing you with services we are aware of any medical issues you may experience and build a history of treatment. If you wish to use a pseudonym it is important
17. Access to your personal information
You have the right, upon request, to access any of The Muscle Group records containing your personal information.
To request access to your personal information please contact us at info@musclemedicine.com.au.
We 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, we will give you access to the information requested.
If The Muscle Group refuses your request to access personal information, we 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:
poses a serious threat to the life, health or safety;
would have an unreasonable impact on the privacy of others;
is frivolous or vexatious;
relates to legal proceedings;
reveals The Muscle Group intentions or prejudices 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.
When you make a request to access personal information, The Muscle Group will require you to provide some form of identification (such as a driver’s licence or passport) so we can verify that you are the person to whom the information relates.
18. Help us keep your personal information accurate
The Muscle Group will take reasonable steps to ensure our 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 us all the personal information we may require, or the personal information provided is inaccurate or incomplete, then the products, services and information we provide may be affected.
If you think there is something wrong with the information The Muscle Group holds about you please contact us to:
let us know if there are any errors; and
keep us up-to-date with any changes,
and The Muscle Group will try to correct your personal information.
The Muscle Group will respond to your request to correct your personal information free of charge and in a reasonable period of time. If we refuse your request, we will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.
If we refuse to correct your personal information, you may request that we associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. The Muscle Group will take reasonable steps to make the statement visible to users of your personal information.
If we don't correct your personal information and The Muscle Group has previously disclosed your personal information to a third party, upon your request, we will notify that third party of the correction unless it is impracticable or unlawful to do so.
19. Dealing with SPAM and Do Not Call register
The Muscle Group will not send you any commercial electronic messages unless it is permitted by the Spam Act (e.g., The Muscle Group has your express/inferred consent). Any commercial electronic message that we send will identify The Muscle Group as the sender and will include relevant contact details and an unsubscribe facility. If you do not wish to receive commercial electronic messages from The Muscle Group, please unsubscribe or contact us at info@musclemedicine.com.au.
The Muscle Group will only call you in relation to appointments you have made with us, reminders of appointments or follow up of appointments. We will not call you for marketing activities on a number on the Do Not Call Register unless permitted under the Do Not Call Register Act & related instruments. If you don’t wish The Muscle Group to call you on a particular number, please contact us at info@musclemedicine.com.au.
20. Resolving your privacy issues
If you have any issues you wish to discuss with The Muscle Group or if you’re concerned about how The Muscle Group has collected or managed your personal information please contact us directly.
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.
21. Changes and access to this privacy policy
The Muscle Group may, from time to time, review and update this privacy policy to take account of new laws and changes to our operations. Changes to this Privacy Policy will not affect The Muscle Group use of previously provided information.
This Privacy Policy is available on Muscle Medicine's website at www.musclemedicine.com.au. A printed Privacy Policy can be obtained free of charge by contacting us at info@musclemedicine.com.au.
22. The Muscle Group's privacy officer
The Muscle Group Director acts as the privacy officer and can be contacted at:
Email: info@musclemedicine.com.au
Telephone: 02 8323 4648
Post: Shop 6, 21-25 Knox St, Double Bay, 2028
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