Privacy Policy

Privacy Statement

  1. We respect your privacy and are committed to protecting your personal information which will be held with the utmost care and proper regard for privacy. This privacy policy outlines our approach to privacy and how we collect, use and protect your personal information. It also sets out your rights in relation to accessing the personal information we collect and hold about you.
  2. At any time you may request a list and copy of the personal information we hold about you. If for any reason you believe that we are holding inaccurate or incomplete information about you, you may request a correction and we will amend as necessary. As relevant information may become out of date quickly, we will update this information if required.
  3. Please remember that information you submit via email is unsecured. It should be regarded as unsecured unless it has been encoded or encrypted. Email is often compared to a postcard in that anyone who receives it can read it. An email will be deemed public information and is not confidential. There is a risk that such communication methods can be collected/intercepted and used by others. Please be careful and responsible when you are using email to communicate with us.
  4. Our Website may contain links to third-party websites. We are not responsible for the privacy policies of any third-party websites and recommend that you review the privacy policy of each website you visit.
  5. We take reasonable steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuses. When no longer required, personal information is destroyed in a secure manner or deleted.

Collection of Personal Information

  1. We only collect personal information for the purposes of conducting our business as a fitness services provider. The personal information we collect from you will include information you give us when you register or subscribe to our Website, complete a transaction or contact us.
  2. The personal information that we collect on individuals may include but is not limited to your name, contact details including your email, billing/home address and other personal information that we collect in the course of a transaction with you, or that you provide to us when you contact us.
  3. We only collect sensitive information in circumstances where you consent to the collection of this information, or it is reasonably necessary for, or directly related to the purposes outlined above.
  4. When you visit our Website, we, and/or third parties, may place cookies on your browser to enhance and manage our Website and improve our business and the services we provide to you. We and/or Google may use this information to optimise and place advertisements, including advertisements of third-party vendors and remarketing advertisements based on past visits to this website, on our own and third-party websites. Google’s ability to use and share information collected by Google Analytics is restricted by the Google Analytics Terms of Service and Privacy Policy. Cookies can be managed by accessing the individual settings in your browser.
  5. We will not identify users or their browsing activities, except where required by law.
  6. If you have any concerns about how we handle your personal information, you may write to us at Privacy Enquiries c/o First 42K Pty Ltd, PO Box 405, Jannali NSW 2226 or contact us in any other manner provided for on our website. We will endeavour to respond to your complaint within a reasonable time after it is received. If you are not satisfied with our response, you may acquire further information regarding privacy from the Office of the Australian Information Commissioner.

Using and Disclosing Your Personal Information

  1. We will generally use or disclose your personal information only for the primary purpose for which it was collected, or for a related secondary purpose where you would reasonably expect us to use or disclose the personal information for that secondary purpose. We may otherwise use and disclose your personal information if you have given us consent for the use or disclosure or it is required or authorised by law.
  2. Generally, we use and disclose your personal information for the purpose of providing you with the services that you have requested, or otherwise to enable us to carry out our business as a fitness services provider.
  3. When registering with us, you consent to us using your personal information, such as your email address, for direct marketing purposes. We maintain several email lists to keep our clients informed about areas of specific interest. We do not sell, rent, loan, trade or lease the addresses on our lists to anyone. If at any stage you wish to have your name removed from a mailing list, please contact us or click the “Unsubscribe” link provided in the relevant email.
  4. We may share your information with other members of the First42K group. First42K is a registered business name held by First 42K Pty Ltd.
  5. We may provide your information to third parties that provide services to us, including third parties that provide our payment gateway, marketing, logistics and technology support services. This may include providing your information to third parties that are located outside of Australia. Where your personal information is transferred outside Australia, we will do so in accordance with this privacy policy.

Retention and Deletion of Personal Data

  1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
  2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
  3. If you choose to terminate your First42K account or subscription, we generally delete your information within 30 days of account closure, except as noted below and subject to the request erasure section below.
  4. We retain your personal data even after you have closed your account if we believe that this is necessary or required to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, protect and/or enforce our rights or to fulfil any instructions not to communicate with you any further.
  5. We may retain de-personalized information after your account has been closed.
  6. Information you have shared with others First42K users, including on the Website or Online Community, may remain visible after you close your account or terminate your subscription.
  7. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. Users are able to request the deletion or removal of personal data. Users can email hello@first42k.com.au and we will remove their personal data from all records, including archive records, and disable their account. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
  8. Once an account has been deleted, we will not be able to recreate it. Note that content you have shared with others or that others have copied may also remain visible after you have deleted your account or deleted the information from your own account. Please also note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  9. If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all of your information, like the data recorded stored in our backup systems. This is due to the size and complexity of the systems we use to store data. As noted above, we may also preserve data for legal reasons or to prevent harm.

Last updated April 2021.