This Privacy Policy applies to the services offered by Barry’s Bootcamp Australia Pty Limited (ACN 621 552 510) (Barry’s Australia).

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

Barry’s Australia 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, Barry’s Australia 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 client’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history, any bankruptcy details, health fund details and sensitive information.

Barry’s Australia will only collect your personal information by lawful and fair means including directly from you or authorised third parties. We collect personal information primarily to enable us to provide client with our services or improving our services. Barry’s Australia may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).

Barry’s Australia may collect information (including sensitive where applicable) from third parties including but not limited to the following third parties:

• your trainer;
• your employer with whom we have negotiated a corporate partnership;
• market researchers & direct marketing providers;
• parents or guardians of underage client;
• a current client (refer a friend);
• the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
• public sources (directories, client lists, professional and trade associations, bankruptcy or court registry searches).

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

Personal information is collected directly from a client or potential future client when a service or product (e.g. a class pack) is purchased online or in person at one of our studios. Personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Barry’s Australia products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Barry’s Australia being unable to provide services or products to you.

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

Sensitive information will only ever be used for providing services to the client. 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 Barry’s Australia, any Barry’s Australia 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.

Barry’s Australia uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer's hard disk for record keeping purposes. Web beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user's browser. These tracking technologies allow Barry’s Australia to monitor the Barry’s Australia web site, and to record how many people are using the different parts of the site. It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by Barry’s Australia's web site.

Personal Information will be used for the following primary purpose:

• To render services and provide products to a client;
• To provide information about products, services and/or special offers to a client;
• To obtain opinions or comments about products and/or services from a client;
• To record statistical data for marketing analysis from a client.

Barry’s Australia 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 client lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function(s). They cannot use that information for other purposes.

Barry’s Australia recognises 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 Barry’s Australia, any Barry’s Australia group company, or any member of the public, or to lessen a serious threat to a person's health or safety.

Barry’s Australia does not send advertising information without obtaining prior consent. If an individual receives communications from Barry’s Australia which they do not wish to receive, they may remove their name from the database by contacting Barry’s Australia at [email protected]

Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the Barry’s Australia database. Information may be reviewed, amended or deleted by emailing us at [email protected].

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 Barry’s Australia being unable to sell products directly and/or provide certain services including after sales services.

If Barry’s Australia refuses your request to access personal information, Barry’s Australia will provide a written notice setting out the reasons for the refusal and how you can complain about the refusal. Barry’s Australia may refuse such a request in the following circumstances:

• poses a serious threat to the life, health or safety;
• would have unreasonable impact on privacy of others;
• is frivolous or vexatious;
• relates to legal proceedings;
• reveals Barry’s Australia’s intentions or prejudice 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.

Barry’s Australia 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 servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. All data in respect of Barry’s Australia including client’s personal information will be stored in the United States of America. Barry’s Australia employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by Barry’s Australia. Barry’s Australia 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.

Barry’s Australia provides links to web sites outside of the Barry’s Australia site. These linked sites are not under the control of Barry’s Australia, and Barry’s Australia is not responsible for the conduct of companies linked to the Barry’s Australia web site, nor for the performance or otherwise of any content and/or software contained in such external websites.

For further information regarding this Privacy Policy or to make a complaint about the steps taken by Barry’s Australia to protect your personal information or privacy, please contact Barry’s Australia 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).

Barry’s Australia 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.