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PRIVACY POLICIES 

POLICY OBJECTIVE

To ensure our customers understand how their information is used and protected by the business. 

POLICY SCOPE

Your Right To Privacy

The Shed Fitness Studio respects your right to privacy and will take all reasonable steps to protect personal information disclosed to The Shed in accordance with the Privacy Act and GDPR act.

The purpose of this Privacy Policy is to inform you how we collect and treat your personal information.

For the purpose of this Privacy Policy, “personal Information” means Information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  1. whether the information or opinion is true or not; and

  2. whether the information or opinion is recorded in a material form or not.

 

Collection of Personal Information:

The Shed will, from time to time, collect and store personal information in a variety of ways, including (but not limited to): when you disclose the personal information to us, when you interact with us electronically or in person, when you access our website, when we engage in business with you (including sale and receipt of products and services), or when personal information is provided to us by third parties.

The Shed may collect and store personal information, such as (but not limited to): name, postal address, email address, telephone number, facsimile number, banking details, and credit card details. 

By providing us with information, you consent to the collection, storage and use of that information subject to the terms of this Privacy Policy.

If you withhold your personal information, it may not be possible for us to interact or engage in business with you.

 

Use of Personal Information

You hereby consent to us using your personal information to:

  1. provide you with products and services;

  2. provide you with information regarding products and services;

  3. administer our business;

  4. fulfil any Local or Commonwealth bodies’ requests for information or reporting;

  5. manage, research and develop our products and services;

  6. communicate with you by a variety of measures including (but not limited to): telephone, email, sms or mail; and

  7. investigate any complaints.

 

Disclosure of Personal Information

The Shed may disclose your personal information to any employees, officers, insurers, professional advisers, agents, suppliers or subcontractors of The Shed or any of its related bodies corporate, insofar as reasonably necessary for the purposes set out in this Privacy Policy.

If we do disclose your personal information to a third party, we will take all reasonable steps to protect it in accordance with this Privacy Policy.

We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

 

Storage and Security of Personal Information

We are committed to ensuring that the personal information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

 

Access to Personal Information 

You may request details of personal information that we hold about you in accordance with the Privacy Act. 

Please contact us if you would like a copy of the personal information which we hold about you. 

We reserve the right to refuse to provide you with personal information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

It is important that the personal information we hold about you is accurate, complete and up-to-date in order to effectively engage you in business. If you find that personal information we hold about you is incorrect, inaccurate, out-of-date, incomplete, irrelevant or misleading, you can ask us to correct it by contacting us.

 

Direct Marketing

We may deliver direct marketing communications to you about our products and services and any other products or services you might be interested in. If you notify us that you do not want to receive these communications, we will comply with your instruction and will not use your personal information for such purposes. 

Subject to any other term of this Privacy Policy, we will only use or disclose your personal information for the purposes of direct marketing if: 

(a) Where we collected the information from you:

  • it is reasonable in the circumstances to expect that we would use or disclose the information for direct marketing purposes;

  • we provide you with a simple means to ‘opt-out’ of direct marketing communications from us; and

  • you have not elected to ‘opt-out’ from receiving such direct marketing communications from us.

(b) Where we collected the information from a third party:

  • you have consent to use or disclosure of your personal information for direct marketing purpose, or it is impracticable to obtain that consent; and 

  • we provide you with a simple means to ‘opt-out’ of direct marketing communications from us; and

  • you have not elected to ‘opt-out’ from receiving such direct marketing communications from us.

You may opt-out of receiving direct marketing communications by: 

  1. clicking a link on the email communication sent to you; or

  2. contacting us using our contact details set out at section 13.

 

Cross-border Disclosures

If we propose to disclose personal information overseas, we will do so in compliance with the requirements of the Privacy Act, and take all reasonable steps to ensure that any recipient of the personal information will comply with the requirements of the Privacy Act. You hereby consent to the transfer of your personal information outside of Australia in accordance with this clause.

 

Use of Website

When you come to our website, we may collect certain non-personal information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

We use information from cookies to monitor usage of the website, identify returning users, enable targeted services and opportunities to be directly marketed to you based on your browsing history. Cookies are uniquely numbered identification numbers like tags which are placed on individuals’ browsers. Cookies are necessary for The Shed to create a better user experience on its websites. You can delete cookies and change the settings on your web browser not to accept cookies, however, certain features and content may not be available to you. 

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that The Shed is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

 

Changes to Privacy Policy

We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website. Please check back from time to time to review our Privacy Policy.

 

Complaints About Privacy

If you have any complaints about our privacy practices, please feel free to contact us. We take complaints very seriously and will respond shortly after receiving written notice of your complaint. Our contact details are provided below. 

 

Notifiable Data Breaches Scheme

The Shed will notify individuals whose personal information is involved in a data breach that is likely to result in serious harm. This notification will include recommendations about the steps individuals should take in response to the breach. The local information commissioner will also be notified of such data breaches.

If you believe there has been a data breach, you should contact us as soon as possible.

 

Contact Details

Further information can be obtained by contacting: 

Jeremy Portelli
Owner & Founder
E | shedfitnessmalta@gmail.com
A | 20, C.Mallia, San Gwann, SGN2202

Terms and Conditions – The Shed | Fitness Studio
 
  1. General Terms
(A) ‘The Shed – Fitness Studio’ goes under the ownership of Jeremy Portelli,
(B) “Member” means the person(s) named in the Application Form and the Membership Card.
(C) “Membership” means membership of the gym in accordance with the terms and conditions set out herein.
(D) “Gym means the premise(s) operated by Jeremy Portelli in San Gwann, Malta 
(E) “Facilities” means all exercise and treatment facilities, changing rooms, showers, and equipment available at the gym.
(F) “Membership Period” means the first term of the Membership and any subsequent period thereafter.
(G) “Membership Fees” means the fees due by the Member in consideration for Membership of the Clubs.
(H) “Gym Rules” means the rules and regulations which apply to the operation of the Club and the conduct of the Members displayed in each Club and which may be varied from time to time.
(I) “Application Form” means the application form attached to these terms and conditions.
  1. Membership is subject to these terms and conditions as may be amended by Jeremy from time to time on reasonable notice.
  2. All terms and conditions shall apply to all persons mentioned in the Membership. Membership shall entitle the Member to use the Facilities as set out below.
  3. Submission of the Application Form is an offer to become a member of The Shed subject to the terms and conditions set out herein. Membership shall only become effective upon signature of the Application Form as applicable and payment by the Member of the Membership Fee. The Gym  reserves the right to refuse, reject or terminate any membership, whether upon application or renewal stage. All information collected by the Company from its Members shall be processed in accordance with the The Shed’s Data Protection Policy. The purpose of such processing shall in all cases be limited to membership administration and marketing initiatives to be undertaken by the The Shed for the benefit of its Members.
  4. A Member is entitled to use all the Facilities for the Membership Period provided that the Member is not in arrears in respect of any monies due to The Shed or in breach of any of these terms and conditions or the GymRules.
  5. Subject to these terms and conditions, Membership is available to anyone aged 18 years and over. Provided that Individuals under 18 years of age may apply for Membership subject to producing written parental consent and any additional requirements which the gym may request from time to time.
  6. The Membership purchased may only be used by the Member and not loaned to anyone else. Breach of this condition may lead to immediate termination of the Membership.
  7. A Member is required to adhere to Gym Rules at all times. The Club Rules are available upon request and displayed in each Club. Any changes to the Club Rules will be available following such changes being made. Proper gym wear must be worn by the Members in the Clubs. The use of towels is mandatory within the gym. Towels shall be used by Members at all times and shall not be less than 50cmsx100cms in size. Non-observance of these conditions is tantamount to a breach of these terms and conditions. All weights, dumbbells and accessories shall be put by the Members in their place after use. All Members are required to clean and appropriately disinfect any training machine used in the Clubs immediately after completing use.Cleaning and disinfection shall be undertaken through the sanitizing material provided by The Shed. 
  8. All Membership Fees are to be paid by the Member or Members (as applicable) prior to the commencement of the Membership Period. Payments in cash or contactless payment will be accepted by the gym. Membership Fees are non-refundable.
  9. The Member agrees and undertakes that he/she shall use the Facilities entirely at his/her own risk and The Shed and Jeremy Portelli and/or its employees shall under no circumstance whatsoever be liable for any loss, personal injury or damage sustained by the Member within the Facilities, or when using any other service provided by The Shed and/or its employees. By agreeing to these terms and conditions, the Member expressly agrees that participation in any physical activity within the Facilities or any other service provided by The Shedand/or its employees is voluntary undertaken by the said Member who knowingly assumes all such risks and elects to proceed with the Membership despite all the risks. The Member further acknowledges and agrees to unconditionally release The Shed and Jeremy Portelli and/or its employees from any and all liability to the greatest extent allowed or otherwise permitted by law.
  10. Jeremy Portelli and The Shed are not responsible, under no circumstance whatsoever, for any loss of personal items or damage to personal property either at the gym.
  11. It shall be the responsibility of any Member and/or parents or guardians of children under 18 years of age to supervise their children whilst in the Club premises.
  12. Any Member shall use the Facilities in accordance with the advice provided by any representative of the The Gym and/or notices displayed. A Member must not abuse the Facilities and the Member will be responsible for any willful damage or damage caused by negligent use of the Facilities. Members are required to behave in a reasonable and courteous manner so as not to be offensive or cause disturbance. The Shed, its staff and representatives have the right to restrict, at any point in time, access to any Member who is deemed or otherwise considered to be unsafe to the other members within the gym.
  13. Membership may be terminated for violation of the Club Rules or for conduct reasonably considered by The Shed to be detrimental to the welfare, good order, health and safety and character of the Clubs and its Members. The Company reserves the right to retain a proportion of the Membership Fees paid by the Member relating to the use of the gym prior to termination and any reasonable cost incurred as a result of the termination.
  14. Members shall not freeze their Membership.
  15. Smoking within the Clubs is strictly prohibited. Membership allows access and use of the Facilities only. The Shed reserves the right to change, add to, reduce or cease any Facilities and to utilise the Facilities for any special events, parties, seminars, tournaments or other activities it may deem desirable upon giving such reasonable notice as possible in the circumstances. Compensation will not be given for such closures. The Shedreserves the right to refuse access and use of the Facilities to person who are or are deemed to be under the influence of alcohol, narcotics or any banned substances.
  16. The Shed may, on a temporary basis, withdraw use of part of the Facilities at a Club due to the failure of services or for the purpose of undertaking necessary maintenance or repair work or for the replacement of Facilities. Any work will be completed as quickly as practicable. Compensation will not be given for such closures. 
  17. No marketing, promotional or commercial activity shall be undertaken in the gym by Members or third parties on the Member’s initiative without the gym’s prior written consent.
  18. By signing this form, the Member expressly consents to The Shed, using and publishing the Member’s and/or image and/or videos (which may contain the Member’s image) in any of its publications, websites, and social media platforms and materials (including written, electronic, and multimedia material) for distribution anywhere in the world or on the internet. The Member further acknowledges that upon publication of the above data and media on the internet, The Shed shall have no further control over its subsequent use and disclosure.
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