Privacy policy

1. About this privacy policy

This document sets out the policy of CWG Massage Pty Ltd (ACN 610 676 652), its related companies and Massage Envy franchised Clubs (collectively, Massage Envy) relating to the privacy of your personal information (Privacy Policy).

Massage Envy is committed to protecting the privacy of the personal information it collects and receives.

This Privacy Policy applies to all your dealings with Massage Envy whether at a Massage Envy outlet, Massage Envy head office or via Massage Envy’s website (www.massageenvy.com.au).

This Privacy Policy seeks to explain:

  • the kinds of personal information Massage Envy collects & holds;
  • how Massage Envy collects and holds your personal information;
  • why Massage Envy collects, holds, uses and discloses your personal information;
  • how you may access and seek the correction of your personal information as held by Massage Envy;
  • how you may complain about a breach of the Australian Privacy Principles (APPs) or a registered APP code (if any) that Massage Envy are bound by, and how Massage Envy will deal with such a complaint; and
  • if Massage Envy is likely to disclose your personal information to overseas recipients and the countries in which such recipients are likely to be located (if it is practicable to specify those countries in this policy).

By using Massage Envy’s website www.massageenvy.com.au, completing any membership application forms, massage therapist forms, competition entry forms and filling any forms in the franchisee recruitment process, you accept this Privacy Policy and expressly consent to Massage Envy’s collection, use and disclosure of your personal information in the manner described in this Privacy Policy.

2. Your Personal Information

Massage Envy only collects personal information (being information that identifies or could reasonably identify an individual) where Massage Envy considers it to be reasonably necessary for Massage Envy’s functions and activities.

Massage Envy collects personal information to deliver our products and services to members including in circumstances when:

  • Processing and managing membership and franchisee applications;
  • facilitating members & casual members Massage Envy outlet access, including the provision of services;
  • conducting marketing activities, research & special offers;
  • accurately identifying who is using Massage Envy’s services;
  • communicating with members, franchisees & website visitors to Massage Envy’s website and online enquiries;
  • profiling our members & their interests;
  • operating Massage Envy’s business; and/or
  • transferring memberships and making membership services available between outlets.
  • The types of personal information Massage Envy collects includes:
  • name, age, gender, date of birth & next of kin;
  • health information (height, weight, medical conditions);
  • license and banking details;
  • contact details (including phone, fax and e-mail);
  • views and opinions; and
  • 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 Massage Envy’s policy to only collect your sensitive information where it is reasonably necessary for Massage Envy’s functions or activities and either you have consented or Massage Envy are required or authorised under law to do so.

The types of sensitive information Massage Envy generally collects includes information relating to health issues that is necessary to properly provide customers with massage and related services. The types of health related information include medical history, whether individuals are using medication, are pregnant and other health related information.

4. How Massage Envy collects your personal information

Massage Envy will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.

Massage Envy 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);
  • on hard copy forms (including registration forms, application forms, competition entry forms and surveys);
  • in person;
  • through the Massage Envy website (online purchases, web form submission or participation in a live chat);
  • electronic systems such as applications; and
  • through Massage Envy’s security surveillance cameras.

 

Massage Envy may collect information from third parties including:

  • market researchers & direct marketing providers;
  • parents or guardians of underage members;
  • our current members (refer a friend);
  • the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
  • 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 Massage Envy receives that Massage Envy has taken no active steps to collect (such as a job application sent to Massage Envy by an individual on their own initiative, rather than in response to an advertisement).

Massage Envy may keep records of unsolicited personal information if the information is reasonably necessary for one or more of Massage Envy’s functions or activities. If not, it is Massage Envy’s 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 Massage Envy collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Massage Envy’s membership.

Massage Envy can use your information to:

  • process applications for memberships, franchisees & prospective franchisees;
  • understand Massage Envy members’ needs and requirements;
  • manage & run Massage Envy’s website & social media platforms;
  • provide you with information about Massage Envy’s services;
  • delivering or enhancing Massage Envy’s products and services;
  • help Massage Envy maximise the benefits provided to members;
  • any other purpose directly related to Massage Envy’s business and for which you have provided consent (where it is reasonably required by law).

Massage Envy’s website requires subscriptions or registrations to use certain services, functions or content. You will know what information is being collected via these processes when you complete the relevant forms and provide the required details prior to submitting the application. Massage Envy will collect data relating to any transactions you carry out through Massage Envy’s website and the fulfilment of your order.

Massage Envy may also use your data to monitor for any unauthorised use of Massage Envy’s website, content or subscriptions to Massage Envy’s services.

7. Purpose of collection

If Massage Envy collects personal information for a purpose (the primary purpose), Massage Envy 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 the your personal information; or in relation to the use or disclosure of your personal information:

  • you would reasonably expect Massage Envy 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 Massage Envy’s use or disclosure of the information;
  • a permitted health situation exists in relation to use or disclosure of the information; or
  • Massage Envy reasonably believes 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 Massage Envy uses or discloses your information because Massage Envy reasonably believes 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, Massage Envy 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 service you requested is not provided or membership will be refused or forfeited.

9. Sharing your personal information

Massage Envy may use and disclose personal information for related purposes to third parties. Types of organisations to whom Massage Envy may disclose your personal information includes:

  • Massage Envy’s master franchisor;
  • 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
  • Massage Envy’ 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).

Massage Envy does not rent, sell or exchange your personal information to third parties without your prior approval.

10. Government Identifiers

Massage Envy does not adopt, use or disclose government related identifiers (such as a Medicare number or licence number) as Massage Envy’s 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 Massage Envy’s obligations; or
  • Massage Envy reasonably believes it is reasonably necessary for one or more enforcement related activities.

11. Cookies

To improve Massage Envy’s services, Massage Envy may sometimes collect de-identified information from web users. The information collected does not identify an individual but does help Massage Envy to analyse and improve its web services.

When you visit Massage Envy’s 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.

Massage Envy uses 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 Massage Envy does not operate or control are provided for your convenience. Massage Envy is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Massage Envy encourages you to read before supplying any personal information to them.

 

13. Direct Marketing

If Massage Envy holds your information, Massage Envy may use or disclose that information (other than sensitive information) for direct marketing if:

  • Massage Envy collected the information from you; and
  • you would reasonably expect Massage Envy to use or disclose the information for that purpose; and
  • Massage Envy provided you with a simple way to opt out of receiving direct marketing from Massage Envy; and
  • you have not made such an opt out request to Massage Envy.

Massage Envy may also use or disclose your information (other than sensitive information) for direct marketing if:

Massage Envy collected the information from you and you would not reasonably expect Massage Envy 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
  • Massage Envy provided you with a simple way to opt out of receiving direct marketing from Massage Envy; and
  • in each direct marketing communication with you:
  • Massage Envy includes a prominent statement that you can request to opt out; or
  • Massage Envy otherwise draw your attention to the fact that you can request to opt out; and
  • you have not made such a request to Massage Envy.

Massage Envy 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 Massage Envy has collected the personal information that Massage Envy used to send you direct marketing material from a third party, you can ask Massage Envy to notify you of its source of information. It is Massage Envy’s policy to do so unless it is unreasonable or impracticable.

 

14. How to opt out of direct marketing

If Massage Envy uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Massage Envy.

If Massage Envy uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Massage Envy does not use or disclose your information for this purpose.

Massage Envy will give effect to your request not to receive direct marketing from Massage Envy or an entity facilitated by Massage Envy free of charge within a reasonable time after the request is made.

 

15. Collection Notices

At or before the time of collection of personal information from you, or as soon as practicable afterwards, Massage Envy will take reasonable steps to notify you or to otherwise ensure that you are aware of certain matters. Massage Envy will generally include these matters in a collection notice. For example, where personal information is collected on a paper or website form, Massage Envy will include a collection notice, or a clear link to it, on the form or a separate follow up communication.

Collection notices may provide more specific information than this Privacy Policy in relation to particular collections of personal information. The terms of this Privacy Policy are subject to any specific provisions contained in collection notices and in terms and conditions of particular offers, products and services. Massage Envy encourages you to read those provisions carefully.

 

16. Protecting your personal information

Massage Envy stores information in different ways, including paper and electronic form. Massage Envy takes 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;
  • access controls for Massage Envy’s buildings;
  • limited the provision of personal information to third parties and subject to guarantees about use; and
  • training staff to deal with the information.

Massage Envy cannot guarantee that personal information will be protected against unauthorized access or misuse and Massage Envy does not accept any liability for the improper actions of unauthorised third parties.

Massage Envy will retain your personal information for as long as necessary to fulfil Massage Envy’s obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Massage Envy collects your personal information.

Once Massage Envy is no longer required to retain your personal information, Massage Envy will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.

 

17. Disclosing your personal information overseas

Massage Envy may disclose your personal information to other third party service providers operating outside Australia who work with Massage Envy or one of Massage Envy’ suppliers, related companies, agents, or partners, or its master franchisor.  Massage Envy may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.

Before disclosing your personal information to an overseas third party, Massage Envy will first take reasonable steps to ensure that the overseas recipient:

  • does not breach the APPs in relation to your personal information; or
  • the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the APPs protect the information.

Personal information may be disclosed by Massage Envy to other Massage Envy entities and third parties in jurisdictions including Australia, Canada and the United States of America.

To make it easy for you to deal with Massage Envy and other Massage Envy entities and provide you with a more personal and consistent experience, Massage Envy may exchange and combine personal information with other Massage Envy entities for the purposes described in this Privacy Policy.

If your personal information is collected using a document that references this Privacy Policy, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.

You acknowledge and understand that by providing such consent:

  • Massage Envy will not be required to take steps as are reasonable in the circumstances to ensure that such third parties comply with the APPs;
  • if the overseas recipient handles your personal information in breach of the APPs:
  • Massage Envy will not be liable under the Act; and
  • you will not be able to seek redress under Act.
  • the overseas recipient may not be subject to any privacy law or principles similar to the APPs;
  • you may be unable to seek redress overseas;
  • the overseas recipient may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.

If you withdraw consent, Massage Envy will not rely on this consent when dealing with your personal information going forward.

 

18. Anonymity

You have the option of not identifying yourself or using a pseudonym when dealing with Massage Envy provided that is it lawful and practicable.

Massage Envy will try to accommodate a request for anonymity if possible.  However, your right to anonymity does not apply in relation to a matter if:

  • Massage Envy is required/authorised by law or court/tribunal order to deal with identified individuals; or
  • it is impracticable for Massage Envy to deal with individuals who have not identified themselves.

It is Massage Envy’s policy to enable you to access Massage Envy’ website and make general phone queries without having to identify yourself and to enable you to respond to Massage Envy’s surveys anonymously.

In some cases however, if you don’t provide Massage Envy with your personal information when requested, Massage Envy may not be able to respond to your request or provide you with service. For example, you must identify yourself to become a Massage Envy member or franchisee.

 

19. Accessing to your personal information

You have the right, upon request, to access any of Massage Envy’s records containing your personal information.

To request access to your personal information please contact the Privacy Officer.

Massage Envy 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, Massage Envy will give you access to the information requested.

If Massage Envy refuses your request to access personal information, Massage Envy 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 unreasonable impact on privacy of others;
  • is frivolous or vexatious;
  • relates to legal proceedings;
  • reveals Massage Envy’s 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, Massage Envy will require you to provide some form of identification (such as a driver’s licence or passport) so Massage Envy can verify that you are the person to whom the information relates.

 

20. Help Massage Envy keep your personal information accurate

Massage Envy will take reasonable steps to ensure Massage Envy’s 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 Massage Envy all the personal information Massage Envy may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Massage Envy provide may be affected.

If you think there is something wrong with the information Massage Envy holds about you please contact the Privacy Officer to:

  • let Massage Envy know if there are any errors; and
  • keep Massage Envy up-to-date with any changes,
  • and Massage Envy will try to correct your personal information.

Massage Envy will respond to your request to correct your personal information free of charge and in a reasonable period of time.  If Massage Envy refuses your request, Massage Envy will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.

If Massage Envy refuses to correct your personal information, you may request that Massage Envy associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading.  Massage Envy will take reasonable steps to make the statement visible to users of your personal information.

If Massage Envy does correct your personal information and Massage Envy has previously disclosed your personal information to a third party, upon your request, Massage Envy will notify that third party of the correction unless it is impracticable or unlawful to do so.

 

21. Dealing with SPAM and Do Not Call register

Massage Envy will not send you any commercial electronic messages unless it is permitted by the Spam Act (e.g., Massage Envy has your express/inferred consent). Any commercial electronic message that Massage Envy sends will identify Massage Envy as the sender and will include relevant contact details and an unsubscribe facility.  If you do not wish to receive commercial electronic messages from Massage Envy, please contact the Privacy Officer.

Massage Envy will not call you 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 Massage Envy to call you on a particular number, please contact the Privacy Officer.

 

22. Resolving your privacy issues

If you have any issues you wish to discuss with Massage Envy or if you’re concerned about how Massage Envy has collected or managed your personal information please contact the Privacy Officer.

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.

 

23. Changes and access to this privacy policy

Massage Envy may, from time to time, review and update this privacy policy to take account of new laws and changes to Massage Envy’s operations.  Changes to this Privacy Policy will not affect Massage Envy’s use of previously provided information.

This Privacy Policy is available on Massage Envy’s website at www.massageenvy.com.au.  A printed Privacy Policy can be obtained free of charge by contacting the Privacy Officer.

 

24. Massage Envy privacy officer

Massage Envy’s privacy officer can be contacted at:

  • Email: privacy@massageenvy.com.au
  • Telephone: 02 9415 5360
  • Post: Level 2, 71 Longueville Road, Lane Cove NSW 2066

 

Privacy Collection Notice

CWG Massage Pty Ltd (ACN 610 676 652), its related entities and Massage Envy franchised Clubs (collectively, Massage Envy) use this collection notice to set out the prescribed information in the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act).

 

1. Massage Envy Privacy Policy

A complete summary of Massage Envy’s policies relating to the privacy of your personal information is available on Massage Envy’s website at www.Massage Envy.com.au (Privacy Policy).

The Privacy Policy explains how you may access personal information held by Massage Envy and seek the correction of the information and how you may complain about a breach by Massage Envy, or a registered APP code (if any) that Massage Envy is bound by and how Massage Envy will deal with a complaint.

A printed copy of the privacy policy can be obtained free of charge by contacting Massage Envy’s Privacy Officer.

 

2. Massage Envy’s contact details

If you have any questions or concerns regarding Massage Envy’s Privacy Policy or Massage Envy’s use of your information, please contact Massage Envy’ privacy officer at:

  • Email: privacy@massageenvy.com.au
  • Telephone: 02 9415 5360
  • Post: Level 2, 71 Longueville Road, Lane Cove NSW 2066

 

3. How Massage Envy collects your personal information (if collected from someone other than you)

Massage Envy may collect your personal information from third parties including:

  • market researchers & direct marketing providers;
  • parents or guardians of underage members;
  • our current members (refer a friend);
  • the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
  • public sources (directories, lists, professional & trade associations, ASIC, bankruptcy or court registry searches).

 

4. Is the collection of your personal information required/authorised by law or a court/tribunal order?

No.

 

5. Why did Massage Envy collect the personal information?

The main purpose for which Massage Envy collects personal information is to provide services and benefits to members and to maintain, extend and grow Massage Envy’s membership.

Massage Envy may use your information for:

  • processing & managing membership & franchisee applications;
  • facilitating members & casual members Massage Envy outlet access and the provision of services;
  • marketing activities, research & special offers;
  • accurately identifying who is using Massage Envy’ services;
  • communicating with members, franchisees & website visitors to Massage Envy’ website & online enquiries;
  • profiling our members & their interests;
  • operating Massage Envy’s business; and / or
  • transferring memberships and making membership services available between Massage Envy outlets.

 

6. Consequences to you if Massage Envy does not collect all or some of your personal information

You can refuse to provide personal information. However a refusal may mean that the service you requested is not provided or membership will be refused or forfeited.

 

7. Sharing your personal information

Massage Envy may use and disclose personal information for related purposes to third parties. Types of organisations to whom Massage Envy may disclose your personal information includes:

  • government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority & 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
  • Massage Envy’ contracted service providers including:
  • Massage Envy’s master franchisor;
  • information technology service providers;
  • planning research & development providers;
  • conference organisers;
  • marketing & communications agencies;
  • mailing houses, freight & courier services;
  • printers & distributors of marketing material;
  • debt collectors & banks; and
  • external advisers (recruiters, auditors & lawyers).

Massage Envy does not rent, sell or exchange your personal information to third parties without your prior approval.

8. Does Massage Envy disclose your personal information overseas?

Massage Envy and Massage Envy group entities may disclose your personal information to other third party service providers operating outside Australia who work with Massage Envy or one of Massage Envy’ suppliers, agents, or partners, or its master franchisor. Massage Envy may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.

Before disclosing your personal information to an overseas third party, Massage Envy will first take reasonable steps to ensure that the overseas recipient:

  • does not breach the Australian Privacy Principles (APPs) in relation to your personal information; or
  • the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the APPs protect the information.

Personal information may be disclosed by Massage Envy to other Massage Envy entities and third parties in jurisdictions including Australia, Canada and the United States of America.

To make it easy for you to deal with Massage Envy and other Massage Envy entities and to provide you with a more personal and consistent experience, Massage Envy may exchange and combine personal information with other Massage Envy entities for the purposes described in this Collection Notice.

Despite the above, if your personal information is collected using a document that references this Collection Notice, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.

 

You acknowledge and understand that by providing such consent:

  • Massage Envy won’t need to take steps as are reasonable in the circumstances to ensure such third parties comply with APPs;
  • if the overseas recipient handles your personal information in breach of the APPs, Massage Envy will not be liable under the Act and you will not be able to seek redress under Act.
  • the overseas recipient may not be subject to any privacy law or principles similar to the APPs;
  • you may be unable to seek redress overseas;
  • the overseas recipient may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
  • If you withdraw consent, Massage Envy will not rely on this consent when dealing with your personal information going forward.