Privacy Policy

This Privacy Policy describes the information that is collected from or about you by Lift Brands Inc., or one of the following wholly owned subsidiaries: Lift Brands (Australia) Pty Ltd, SFA Development Pty Ltd, Snap Fitness, Inc, GoFit, LLC, Lift Brands New Zealand Limited, HealthFran, LLC, or Wholesale Fitness Supply, LLC. Throughout this Privacy Policy, the term “Lift Brands” refers collectively to Lift Brands (Australia) Pty Ltd, Lift Brands, Inc., and its other wholly owned subsidiaries, some of which trade under the name ‘Snap Fitness’ or ‘9Round’. For convenience, we refer collectively to Lift Brands, Inc., and these subsidiaries as “Lift Brands,” “we,” “us,” or “our.”

This Privacy Policy applies in respect of this website, our Social Media Sites (defined below) and applications, and through any other communications with us. It also describes how we use and share that information and some of the steps we take to protect your privacy. This Privacy Policy does not apply to any social media platforms that are owned and operated by our franchisees or any other third party.

We adopt and are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). You can find more information about the Privacy Act and the APPs at www.oaic.gov.au.

If anything in this Privacy Policy is unclear or if you require more information, please contact us by using the contact information provided below.

SCOPE OF THIS POLICY

This Privacy Policy applies to ‘Personal Information’ about you that is collected, used, and disclosed by us if you are (or have enquired about becoming) one of the following:

• a franchisee or a prospective franchisee;
• a customer or potential customer;
• a user of our website;
• a supplier engaged by us;
• an agent acting on our behalf;
• an applicant for employment; or
• an employee, except where the use or disclosure is directly relates to the relationship between us as employer and you as the employee, or relates to an “employee record” about you as a present or past employee.

WHAT IS PERSONAL INFORMATION?

For the purposes of this Privacy Policy:

• “Personal Information” means information or an opinion about you as an identified person or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form. Personal Information can include your name, birth date, contact information, bank details, height and weight, and your image in a photograph or video.
• “Sensitive Information” is Personal Information about a person’s racial or ethnic origin, or political opinions, or membership of a political association, or religious beliefs or affiliations, or philosophical beliefs, or membership of a professional or trade association, or membership of a trade union, or sexual orientation or practices, or criminal record or health information, genetic information, biometric information or templates.

Except for health information, we do not generally seek to collect Sensitive Information. In the limited cases where we collect Sensitive information, we will do so in accordance with the Privacy Act and this Policy. If you choose to provide us with unsolicited Personal Information or Sensitive Information, you consent to our using such information in accordance with this Privacy Policy.

Generally, the Personal Information that we collect will include your name, address, telephone number, facsimile number, email address, and credit card details. If relevant, we may ask for your date of birth. The type of Personal Information that we collect may differ depending on whether you are (or would like to become) a franchisee, customer, supplier, employee, or independent contractor.

From our franchisees (and prospective franchisees) we also require company details, including ABN/ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, sales data, and other business-related information which may contain Personal Information.

From our employees (and prospective employees) we collect several types of Personal Information, including employment commencement dates, employment status, location, gender, bank account details, emergency contact details, qualifications, previous employment details, driver’s licence numbers, car registration numbers, medical and health information, passports, leave summaries, wages and salary information, date of birth, superannuation information, tax file numbers, visa and immigration information, and information relating to performance and conduct.

Personal Information does not include an “employee record”. An “employee record” is a record of information relating to the employment of the employee. This includes health information and personal information relating to the:

• engagement, training, disciplining of an employee,
• resignation or termination of an employee;
• terms and conditions of employment of an employee;
• employee’s performance or conduct;
• hours of employment, salary or wages;
• personal and emergency contact details;
• employee’s membership of professional or trade associations or trade union membership;
• employee’s recreation, long service, sick, personal, maternity, paternity and other leave; and
• employee’s taxation, banking and superannuation affairs.

“Employee records” are treated with absolute confidentiality. We will not disclose your employee records to any third party other than as permitted by law or this Privacy Policy without your consent. If a request is made from a third party and you consent to disclosure, we will only confirm or deny information that they have already received from you.

In some circumstances you may deal with us anonymously or using a pseudonym, however, in most circumstances it is impractical to do so because if you do not provide us with Personal Information that we require, or if you provide it in a way that does not identify you, we are unlikely to be able to provide the goods, services, information, or assistance that you have requested.

ACCEPTANCE OF THIS PRIVACY POLICY

You consent to your Personal Information being collected, used, and disclosed in accordance with this Privacy Policy by taking one or more of the following actions:

• using this website or any other Lift Brands website on which this Privacy Policy is posted (collectively referred to as “the Site”);
• visiting any Site or social media site established by us, including, but not limited to, Facebook, Twitter, Instagram, YouTube, and LinkedIn (Social Media Sites);
• by participating in any activity on a Social Media Site including, but not limited to, posting, pinning, or uploading any material on a Social Media Site, following, liking, and/or commenting on us, or anything on any Social Media Site (Social Media Activity);
• making enquiries about or applying to become a franchisee, employee, independent contractor, or supplier of us or any of our franchisees; and
• otherwise providing us with your Personal Information.

If you do not agree to be bound by this Privacy Policy, you should not access or use this Site, or take any of the further actions detailed above.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect Personal Information in a number of ways, including:

• Personal Information you manually provide: We collect the Personal Information that you manually provide when you use this Site, when you use a Social Media Site, undertake a Social Media Activity, or otherwise communicate with us through any means, including customer service enquiries and participation in competitions and promotions. For example, we collect the Personal Information that you provide when you sign up for a trial membership, express interest in owning a franchise, register for an event, make a purchase, apply for a job, enter a competition, engage in an online chat, or otherwise interact with us.
• Personal Information from third parties: such as credit reporting agencies and financial institutions (in the case of franchisees), recruitment agencies (in the case of employees), insurers and insurance brokers, health professionals, referees nominated by you, your representatives, or third parties that assist Lift Brands to conduct surveys and gather feedback.

• Information from third-party social media sites: You may be able to register with, log on to, or enhance your profile on this Site by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media site (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including Personal Information, from your profile on that platform. We treat such Personal Information as we do any other Personal Information under this Privacy Policy.

Information from your browser or device: Lift Brands collects Personal Information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The Personal Information we receive may depend on your browser or device settings.

• We may use cameras in or around our clubs or gyms for operational purposes, fraud detection or security.
• Information Collected from Publicly Available Sources.

• Information Collected by Cookies and Other Technologies: A “cookie” is a small file placed on your device when you visit a website. When you return to that site, the saved data is used by the site to enhance your visit (for example, by securely storing your login and password or keeping track of selections in a ‘shopping cart’). Like many other commercial websites, we use cookies and other technologies to support certain features of this Site. For example, we may use these technologies to: 
• collect information about your use of this Site, such as the pages you visit, the links you use, and how long you stay on each page;
• support the features and functionality of this Site, for example, by saving you the trouble of re-entering information or to prompt the settings you established on previous visits;
• personalize your experience when you use this Site; and
• improve our marketing efforts, including through use of targeted advertising.

The information we collect using cookies and similar technologies may in and of itself personally identify you and we may link it to personal data that you provide. The information we collect may depend on your browser settings.

If you do not wish to accept cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. This may prevent you from taking full advantage of the Site or the Social Media Site. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org which includes information on how to manage your settings for the major browser providers.

• Information Collected by Third-Party Cookies: In addition to the cookies that we deliver to your device through this Site, third parties that we have engaged may deliver cookies to your device for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. To learn more about Google Analytics, click here.

Other third parties engaged by us may deliver cookies to your device to track your online behaviours over time and across non-affiliated websites and/or to deliver targeted advertisements.

You have choices about the collection of information by third party cookies. For example, if you don’t want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to Lift Brands.

HOW WE USE AND DISCLOSE PERSONAL INFORMATION

Generally, we use and disclose your Personal Information for the following primary purposes:

• supplying our products and services to you;
• to provide you with effective customer service;
• to provide you with a personalized experience when you use this Site;
• to contact you with information and notices related to your use of this Site and or any Social Media Site;
• to promote and market Lift Brands’ businesses and products, including Snap Fitness and 9Round;
• to contact you with special offers and other information we believe will be of interest to you;
• to process any application that you have made (for example, an application for employment or to become a franchisee);
• to invite you to participate in surveys and provide feedback to us;
• to better understand your needs and interests;
• to improve our products and services;
• to improve our marketing and promotional efforts;
• for security, credit or fraud prevention purposes;
• to manage and monitor the performance of our business and our franchisees, employees, suppliers and independent contractors;
• to enforce any terms of engagement with our customers, franchisees, employees, suppliers and independent contractors;
• for any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.

We may collect, hold, use, and disclose your Personal Information for reasons which are related to a primary purpose (Secondary Purpose), provided that you have agreed, or that you would reasonably expect, that we may use your Personal Information for that Secondary Purpose. In the case of Sensitive Information, the Secondary Purpose must be directly related to the primary purpose for which we collected such information.

By agreeing to be bound by this Privacy Policy, you agree that the following are (without limitation) Secondary Purposes for which we may collect, hold, use, and disclose your Personal Information:

• to enforce any legal right that is available to us;
• to perform any legal obligation that we are required to undertake;
• to publish testimonials on our website if a testimonial has been provided by you;
• the prevention, detection, investigation, or remediation of improper conduct;
• obtaining legal advice; and
• preparing for and/or participating in any legal proceeding (or potential legal proceeding).

How We Share Information With Others

You agree that we may disclose your Personal Information to the following third parties:

• Within the Lift Brands Corporate Family: We may disclose your Personal and Sensitive Information to companies in the Lift Brands corporate structure and those companies may further share it among themselves. You agree that these affiliate companies are permitted to use your information for their own marketing purposes and in a manner that is otherwise consistent with this Privacy Policy.
• With Third–Party Vendors: We may disclose your Personal Information to third-party vendors who act on our behalf. For example, we may use third-party vendors to conduct surveys or to help us with our promotional efforts. These third-party vendors may need your Personal Information to perform their obligations. Third party vendors are required by contract to keep your Personal Information confidential and use it only to provide services on our behalf.
• With Lift Brands Franchisees: If you seek to use or express interest in another gym owned by a Lift Brands franchisee, we may share your information with the owner of that gym. All Lift Brands franchisees are required by contract to keep your Personal Information confidential and use it only in accordance with the terms of the contract.
• With Other, Carefully Selected Business Partners: From time to time, we may share your Personal Information with selected third parties for their own marketing purposes. For example, we may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the Personal Information you submit to us to participate in the contest or take advantage of the promotion.
• In Aggregate or De-Identified Form: We use information (including Personal Information) collected through this Site to create a compiled, aggregate view of usage patterns. We may share aggregated information with third parties, so that we and they can better understand our user base. We may also share with third-parties information about how particular individuals use this Site, but only on a de-identified basis (“Individualized Data”). Individualized Data is not personally identifiable, but it does reflect the usage patterns of a particular Site user, as opposed to Site users collectively. We may provide basic demographic information (including gender and age) in conjunction with providing Individualized Data. Third parties typically use this information for analytical purposes and to market their own products and services. 
• As Part of a Business Transfer: Your Personal Information may be transferred to a successor organization if, for example, we merge with or are acquired by another organization or if we liquidate our assets. If such a transfer occurs, the successor organization’s use of your Personal Information will remain subject to this Privacy Policy and the privacy preferences you have expressed to us.
• As Described in a Privacy Notice or Click-Through Agreement: We reserve the right to disclose your Personal Information as described in any privacy notice posted on this Site, or as described in any click-through agreement to which you have agreed.
• Compliance with Laws: We may disclose your Personal Information when we believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your Personal Information to:
• prevent or investigate a possible crime, such as fraud or identity theft;
• enforce or apply other agreements; or
• to protect our own rights or property or the rights, property or safety of our users or others. However, we will not disclose your Personal or Sensitive Information to third parties unless we have your consent do so, or as otherwise contemplated by this Privacy Policy.
• If you are our franchisee: Some of your Personal Information will be made available to other franchisees, including sales data, profit and loss statements, and other financial results. Your Personal Information will also be provided to landlords of business premises, to suppliers, to third party consultants who may manage all or part of our database or computer systems or websites, and to our lawyers for the preparation of franchising documentation and in respect of any matter requiring us to seek legal advice or assistance.
• If you are our employee: Some of your Personal Information will be supplied to third parties to enable us to carry out our role as employer and to enable you to carry out your role as employee. Your Personal Information will be submitted to the superannuation fund nominated by each employee.
• Cross Border Disclosure We may disclose your Personal Information and Sensitive Information to our parent company, Lift Brands Inc., and to other wholly owned subsidiaries of Lift Brands Inc. in the United States. Lift Brands Inc. and its wholly owned subsidiaries are U.S companies headquartered in the United States. Lift Brands (Australia) Pty Ltd takes reasonable steps to ensure that Lift Brands Inc. and its wholly owned subsidiaries are aware of and do not breach the Australian Privacy Principles in relation to your Personal and Sensitive Information. You give your consent to this disclosure in accordance with this Privacy Policy. By accepting and consenting to this Privacy Policy, you agree and consent to this cross-border disclosure.

In addition, some programs, software, online tools or Social Media Sites used by us and/or our third party service providers, are based in or housed overseas. Our use of such resources may involve the disclosure of your Personal Information to these overseas organisations. The use and disclosure of your Personal Information by these organisations is in accordance with their own terms and conditions and privacy policies. Please see the below table showing the products that we use and links to their privacy policies.

By accepting this Privacy Policy you consent to us disclosing your Personal Information to the above entities and acknowledge that Lift Brands will not be responsible or accountable for breaches of the APPs by any third party and you may not be able to seek redress. You may not be able to access your Personal Information that is held by the above entities.

RIGHTS FOR UK/EU RESIDENTS

For residents of the United Kingdom or the European Union where the Data Protection Act 2018 (UK) or the General Data Protection Regulation 2016/679 of the EU (GDPR) applies, you also have the right to restrict the processing of your personal data, object to processing of your personal data, object to the portability of your personal data, and to obtain erasure of your personal data, in each case in accordance with applicable data protection laws. Please click on this link for the UK Privacy Notice for more information.

Note that references in this Privacy Policy to ‘Personal Information’ should be read as ‘personal data’ for the purposes of the GDPR.

HOW TO ACCESS, UPDATE OR CORRECT YOUR PERSONAL INFORMATION

To access, update, or correct the Personal Information or Sensitive Information we hold about you, please contact us at the contact details provided below. We will respond to you within a reasonable time. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity.

STEPS WE TAKE TO SAFEGUARD YOUR INFORMATION

We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of the Personal Information that we collect. For example, when collecting credit card information for online purchases, we offer secured-service transactions that encrypt your information in transit to thwart others from intercepting or misusing it. Unfortunately, no website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that your Personal Information will not be disclosed, misused or lost by accident or by the unauthorized acts of others. Further, we cannot control dissemination of Personal Information you post on or through this Site using any social networking tools we may provide, and you should have no expectation of privacy in such information.

CHILDREN UNDER THE AGE OF THIRTEEN

This Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through this Site without the consent and supervision of a parent or guardian, please contact us using the information provided in this Notice so that we can take appropriate action. 

LINKS TO OTHER SITES 

This Site, or any of our Social Media Sites, may provide links to other websites operated by third parties, including in some cases our third-party vendors. Lift Brands does not control these websites and is not responsible for their data practices. Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Privacy Policy. We urge you to review the privacy notice posted on any site you visit before using the site or providing any personal data.

SOCIAL MEDIA FEATURES

The Site may include ways to interact and share using Social Media Sites, such as “liking” with a “thumbs up/down” button, “share this” button or interactive programs that run on our Site “widgets”. These features may collect Personal Information such as your IP address or the page you are vising on our Site and may set cookies to enable the feature to function properly. Social media features can be hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the social media company providing the feature.

THIS POLICY MAY CHANGE

From time to time we may decide to amend or update this Privacy Policy. When this occurs, we will post the new version of the Privacy Policy on the Site. We encourage you to periodically review this Privacy Policy so that you remain informed as to how we are protecting your Personal Information.

You may access the current version of this Policy at any time by clicking the link marked “Privacy Notice” at the bottom of each page of this Site. 

COMPLAINTS

If you believe that we have not complied with our obligations pursuant to the Privacy Act, or have a complaint about the use or disclosure of your Personal Information or Sensitive Information by us, please contact us at the contact details below. We will liaise with you regarding your concerns and act as necessary to address such concerns. We will endeavour to resolve your complaint as soon as possible, however, the length of time will depend on the nature and complexity of the issues you have raised. You will receive an acknowledgement of receipt of the complaint from us within five business days and you will be given an estimate of how long it may take to deal with the matter which should not exceed 30 days. If it is decided that your complaint is justified, the appropriate response or action will be determined. We will try to match the response to the nature of your complaint and your desired outcome, but this may not always be possible. Some of the things that may be decided include:

• steps to rectify the problem or issue you have raised;
• providing you with additional information or advice so that you can understand what happened and how it has been dealt with; and
• taking steps to change our policies or procedures if your complaint identifies a problem in the way things are being done.

It is not always possible to resolve a complaint to everyone’s satisfaction. In that case, you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: http:www.oaic.goc.au/privacy/making-a-complaint.

CONTACT US

If you have any questions regarding this Privacy Policy, please contact us by e-mail at [email protected] or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN, US A 55317. Alternatively, you can contact us at your local Club.

WEBSITE TERMS OF USE

This Privacy Policy is part of the Terms of Use that govern your use of this Site. A link to our Terms of Use is provided at the bottom of each page of this Site.

Effective Date: April 12, 2022