Privacy Policy

Ray Kelly Fitness (“we”/”us”) understands the importance of the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). We are committed to ensuring the privacy of your Personal Information. The following Privacy Policy explains how we manage your Personal Information. Personal Information, as defined in the privacy legislation, is information, or an opinion, in any form, and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. We will only use the information that we collect about you lawfully. Any additional information inadvertently provided by you will be destroyed and will not be retained.

By using this app, you consent to the collection and use by us of any personal and other information you provide whilst using the app in accordance our Privacy Policy (Privacy Policy). If you do not agree to the Privacy Policy, please do not use the app.

What sort of information do we collect?

We collect Personal Information in accordance with the relevant privacy laws in Australia.

The amount and type of personal and/or sensitive information we collect and hold depends on the business unit you are dealing with. It also extends to the type of our products you use. For example, we will need to collect and hold information in order to process a sale of products to you that may differ from those when we are dealing with a customer service matter. Generally we will only collect Personal Information where the information is necessary for us to perform one or more of its functions or activities. In this context, “collect” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.

Personal Information is collected about you only when you supply it to us on a voluntary basis, for example when you:

• Enter data
• Request information about our products or services
• Purchase any of our products
• Participate in contests or competitions
• Visit certain parts of this app where you are invited to provide content, submissions and suggestions or participate in interactive online activities (i.e. community postings, voting, chat, games, bulletin boards, wish lists, my account) or

Where you contact us online

Personal Information can include your name, age/age group, gender, address, country, email address, phone numbers, product interests, credit card details along with transactional information such as the type and quantity of products that you purchase, and any other information of a personal nature which you provide.

Should you later choose to purchase products from us, we will also collect specific personal and sensitive information about you including your full name, address and details about your credit card to process a sale to you.

Please note:

• Before we can provide any product, we will ask your permission to collect and use the information needed. This is done via application forms, administration processes and other ways of collecting information.
• If you don’t provide us with all required information, we may not be able to provide you with the product as requested.
• There may be times when it is lawful and practical for you to work with us anonymously, however; by doing so we may not be able to provide you with the product as requested.
• Unsolicited information and information received from third parties will be destroyed.

We will notify you of the matters listed below at the time of collecting any Personal Information:

1. the main reason that we are collecting Personal Information (this reason will be the Primary Purpose);
2. other related Uses or Disclosures that we may make of the Personal Information(Secondary Purposes);
3. our identity and how individuals can contact us, if this is not obvious;
4. that individuals can access the Personal Information that we hold about them;
5. that individuals should contact us if they wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;
6. where applicable, any law that requires the Personal Information to be collected;
7. the consequences (if any) for the individual if all or part of the Personal Information is not provided to us

Where it is not practicable for us to notify individuals of all of the Collection Information before the collection of Personal Information, we will ensure that individuals are notified of the Collection Information as soon as possible after the collection. We will provide “post collection notification” in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.

We also collect general statistical information from our website, such as the number of visitors to the website, the number of pages viewed, the date, time and duration of visits and how the visitor came to the website. We may also collect Internet Protocol (IP) addresses and internet browser type. This information will not identify you. For more information, please read the section on cookies below.

So that we can continue to offer you great offers and promotion information, we give you the opportunity to say yes to being contacted by us by e-mail or SMS. This is totally your choice and you can opt out of future contact whenever you want by contacting us via phone or via the unsubscribe function in all our email marketing communications to the preference centre.

We will not collect Sensitive Information about you except with your express consent and only where it is necessary for Ray Kelly's Transform to collect such information for an activity or function.

How do we use and disclose Personal Information?

We use Personal Information to fulfil prizes, for editorial and feedback purposes (to the extent that is explained when guests provide the information), to process e-commerce transactions or to contact you about products or services that are relevant to you or send you information that may be of interest to you. We will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

We will not disclose Personal Information we collect from you on our website without your consent. A user’s email address will not be posted by us on our website. If we plan to post your Personal Information on the website, you will be given prior notification of such posting and given the option of preventing such posting.

Unless otherwise disclosed during collection, we will not provide any Personal Information, to any third party for any purpose whatsoever other than in the event of a sale of our business or company (then to that purchaser), to enable our suppliers to fulfil an order that you have made with us or to one of our related body corporate. Please note, if you provide your credit card information to us in order to conduct an e-commerce transaction on the website, we will provide your information to participating merchants in order to process that transaction. We are not responsible for how that information may be used by participating merchants.

Ray Kelly Fitness generally does not send information overseas. We will not transfer Personal Information about you to an organisation outside Australia without your consent unless it is part of a sale of our business or company and then we will supply the information to that purchaser. If at anytime we are required by law or legal process to release Personal Information about you, we must cooperate fully.

Specific policy for users under 16 years of age: We encourage parents and guardians to spend time online with their children and to participate in the interactive activities offered on the website. No personal information should be submitted to or posted at the website by users under 16 years of age without the consent of their parent or guardian. Although users under 16 years of age are allowed to participate in contests, if such a guest wins, notification and prizes are sent to the parents or guardians identified in the initial registration process for the contest. No information collected from users under 16 years of age is used for any marketing or promotional purposes whatsoever, either inside or outside our company.

How can you access and correct your Personal Information?

You are entitled to access your own personal information being held. This information is generally provided upon request. So that we can respond quickly and efficiently to requests, it is asked that you complete a ‘Personal Information Access Request Form’. There may be a service fee for retrieving and sending the information. Please contact us if you would like more information on how to request access to this information or to confirm the applicable charges.

In limited circumstances, however, access may be refused if permitted by law. For example, you may be refused access to your personal information related to anticipated or existing legal proceedings and which cannot be subject to a process of discovery, information regarding negotiations with you, legal advice about your matter with us, where providing access poses a serious threat to the life, health or safety of any individual or if access may have an unreasonable impact on the privacy of other individuals.

If we are unable to give you access to the information you have requested, we will give you reasons for this decision when we respond to your request.

Correcting your Personal Information

To enable us to provide you with the best possible service, it is important that the information we hold about you is accurate.

We will take reasonable steps to ensure that any information being held is relevant, accurate, complete, up-to-date and not misleading. However, it is your responsibility to notify us when your details change.

If you believe the information being held about you is not accurate, complete or up-to-date, you should contact us and we will amend your records.

You can subject to the above, access the information that we hold about you by emailing Ray@RayKellyFitness.com.au. If you find any inaccuracies we will delete or correct it promptly.

How do we keep your Personal Information secure?

The Personal Information, which we hold, will be held securely in accordance with our internal policy and the law. We take steps to protect the Personal Information we hold against loss, unauthorised access, use, modification or disclosure, and against other misuse.

We cannot guarantee, in every circumstance, the security of the Personal Information you provide on the website. All incoming encrypted information is routed through our firewall, which serves as a gatekeeper for our system. Only data containing the correct authorisation is permitted past the firewall. Attempts to pass the firewall are constantly monitored for suspicious activity.

“Cookies”

We use technology to track the patterns of behaviour of visitors to our site. These can include using a “cookie”, which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

We use ‘cookies’ to track how and when guests use this website. ‘Cookies’ are used to see which areas are popular and which are not. Many improvements and updates are made to the website based on data collected by ‘cookies’ such as total number of visitors and pages viewed.

This information is most easily tracked with cookies. If you accept the first tracking cookie from the website, you won’t be offered as many afterwards. If you’d prefer, you can set your web browser to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the website, such as the shopping, contest, and game areas, will not function properly if you do so.

We may use cookies to personalise your visit to our website.

We do not use cookies to:

• retrieve information from your computer that was not originally sent in a cookie.
• identify specific individuals, except in such cases as online shopping (see above) and contest registration (where a cookie allows you to enter a contest every day without registering again each time).
• Except as described above, we do not use the information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties.

How can Ray Kelly Fitness can be contacted?

Should you have any inquiries about privacy issues, the first point of contact will be via phone, email or web inquiry. Any formal privacy related complaints should be directed in writing to the Ray Kelly's Fitness Privacy Officer, PO Box 7059 Toowoon Bay 2261. We will endeavour to manage any privacy related complaint efficiently and in a timely manner.

Contacting Ray Kelly Fitness

If you have any questions or comments regarding our Privacy Policy, you should contact us.

Phone: 0447 972 172

Email: Ray@RayKellyFitness.com.au

Changes to this Privacy Policy

This privacy policy is current as at 02 October 2020.