TERMINATOR FITNESS – PRIVACY POLICY

  1. We respect your Privacy

We are committed to managing your Personal Information in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act) and in accordance with other applicable State and Territory privacy laws.

This Privacy Policy sets out how we handle your Personal Information, including the collection, storage, use and disclosure of your Personal Information, how you can access and correct the Personal Information that we hold about you, provide us with feedback or make a complaint. 

When you contact us, visit our Online Platform, apply to become a client or registered user of our Online Platform, or participate in Sessions provided by us, you agree to the handling of your Personal Information in accordance with this Privacy Policy. 

In this Privacy Policy:

a) Client refers to any clients who participate in group fitness, bootcamp, personal training or other fitness sessions (Sessions) with us;

b) Online Platform refers to the Terminator Fitness App, website at www.terminatorfitness.com.au/ (Website), Facebook page or other platform used by Clients to register and book Sessions and to access online Sessions and other content;

c) “Terminator Fitness”, "we" and "us" refers to Frank Phillip Terminelli trading as Terminator Fitness (ABN 32 763 183 643);

d) Personal Information has the meaning that it is given under the Privacy Act, namely, information or an opinion, whether true or not, and whether recorded in material form or not, about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion;

e) You refers to any Client or individual who shares Personal Information with us via the Online Platform or any other means, such as by submitting an enquiry or completing a pre-exercise screening. In the case of a Client who is under 18 years of age, ‘you’ refers to the Patient’s authorised carer, parent or guardian (as appropriate).

2. Collection of your Personal Information

2.1 The types of Personal Information we collect

The amount and type of Personal Information that we collect from you will vary depending on the circumstances of collection and the kind of service that you request from us, but will typically include:

  • your contact details (including your name, your address, phone number and email address);

        • your age, date of birth and gender;

        • credit and debit card details;

        • next of kin and emergency contact details;

        • name and contact details of any representative, carer, parent or guardian authorised to act on your behalf;

        • photographs or video recordings of you;

        • your IP address and location information if accessing our Online Platform from a mobile device;

        • any additional Personal Information you provide to us, or authorise us to collect, as part of your interactions with us.

When you sign up as a Client or create an account on the Online Platform, a record will be made which contains this information.

We may also collect Personal Information about you which relates to your health, and is considered Sensitive Information under the Privacy Act. This includes:

        • your weight and body measurements;

        • your medical history;

        • whether you smoke or are pregnant;

        • whether you are taking any medication;

        • past or current injuries or illnesses; and

        • other health-related information that is necessary to properly provide you with Sessions.

3. Collection of your Personal Information

3.1 How do we collect your Personal Information?

We will collect your Personal Information directly from you.

We may collect your Personal Information in a range of ways, including:

        • forms that you complete and submit to us, including a pre-exercise questionnaire, to register as a Client or to create an account on the Online Platform;

        • when you subscribe or submit an enquiry on our Website;

        • in correspondence with you (whether in writing or electronically via telephone or using video conferencing technology);

        • during the course of your Sessions with us, including where you have agreed to allow us to take photographs or video or sound recordings of the Session;

        • when conducting customer satisfaction and market research surveys; and

        • when conducting promotions.

We will only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act. 

3.2 Request for anonymity and refusal to provide Personal Information

You can always decline to provide any Personal Information we request or to remain anonymous or use a pseudonym in your dealings with us. However, that may mean we cannot provide you with some or all of the services or information you have requested. If you have any concerns about Personal Information requested by us, please let us know. Our contact details are provided in section 7 below.

You may visit our Website without identifying yourself. If you do identify yourself (for example, by providing your Personal Information in subscribing to our newsletter, submitting an enquiry or creating an account for the Online Platform), any Personal Information you provide to Terminator Fitness will be managed in accordance with this Privacy Policy.

3.3 Online data collection and use

Our Website uses cookies. A “cookie” is a small text file stored on your computer's browser, which assists in managing customised settings of the Website and delivering content. We may use cookies from time to time to collect non-personal information such as: 

        • your device type;

        • your browser type;

        • your IP address;

        • your operating system;

        • pages you have accessed on our Website and on third-party websites immediately before and after visiting our Website;

        • peak usage times; and

        • other information that helps us make our Website easier and more efficient for you to use.

You are not identifiable from such information. This information is used for Website analysis, administration, statistical and maintenance purposes.
You can adjust the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our Website.

3.4 Third Party Websites
Our Website may contain links to third-party websites not owned or controlled by us. These links are provided for your convenience only. Terminator Fitness is not responsible for the content or privacy practices of any such websites that are linked to our Website. We encourage you to read and familiarise yourself with the privacy policies of every website you visit.

Terminator Fitness uses Google analytics to monitor the visitors to our Website. Based on your interactions with our Website, Google and third-party sites may elect to show you content and advertising that directs back to our Website.  

4. Use and disclosure of your Personal Information

We treat your Personal Information as strictly private and confidential. 

4.1 How do we use your Personal Information?

The purposes for which Terminator Fitness collects and uses your Personal Information depends on the nature of your interaction with us and the Sessions or other services we are providing to you, but may include: 

        • for purposes directly related to the provision of Sessions and other fitness services, including making assessments about the type of program which is appropriate for you and to monitor your progress;

        • to identify you when you log in to your account to access our Online Platform;

        • facilitating the booking of Sessions;

        • responding to your requests for information, general inquiries and complaints;

        • contacting you and maintaining records of your Sessions, progress and other details;

        • to verify transactions you make and for billing, security, and authentication purposes;

        • informing you about new and additional services and product offerings available via our Website;

        • for marketing and promotional purposes, such as the use of photos and videos taken during Sessions which identify you, but only where you have consented to this;

        • to share non-identifiable information about our Clients in general to business associates, advisors and advertisers;

        • for administrative and research purposes associated with our business, including internal training and reporting and analysing statistical information about our services; and

        • to comply with any legislation or regulations as required.

4.2 Who do we disclose your Personal Information to?

Access to your Personal Information will be restricted to those persons who require access in order to deliver our services to you and who have been properly authorised. 

The Personal Information collected at the time of registering an account on the Online Platform or otherwise registering as a Client will be shared with any trainers who provide Sessions to you. 

Any photos or videos which identify you, with your consent, may be disclosed to our other clients and network, the public and third party service providers who provide us with marketing and promotional services.

Terminator Fitness may be required to disclose your Personal Information to third parties where necessary to complete a request from you or to carry out a service. Examples include:

        • to third party contractors and suppliers we use for data processing, payment processing, data analysis, customer satisfaction surveys, information technology services and support, Website maintenance/development, printing and archiving;

        • to our professional advisors, insurers and agents; and

        • where required by law.

We may also disclose your Personal Information to third parties for research purposes, however this will always be in an aggregated and de-identified format. 

4.3 Does Terminator Fitness disclose your Personal Information overseas?

Some of your Personal Information may be transferred, stored, processed or used overseas by us or by third parties as set out above. This may happen if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection. You consent to the disclosure, use, storage, and processing of your Personal Information outside of Australia.

In particular, your Personal Information may be disclosed to third party service providers who host our Online Platform, which may store your Personal Information in the UK and USA, and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy. In these circumstances, you consent to the collection, use, storage and processing of your Personal Information in the UK and USA. 

Where such parties are located overseas, you may have rights to enforce such parties' compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your Personal Information.

4.4 Does Terminator Fitness use or disclose your Personal Information for direct marketing?
Terminator Fitness may use or disclose your Personal Information for the purpose of informing you about our services, product offerings via our Website, upcoming promotions and events that are directly related to the purpose for which we collected your Personal Information. If you do not want to receive direct marketing communications from us, you can opt-out at any time by contacting us using the contact details in section 7 below or using the unsubscribe function in any communication that you receive.
If you opt-out of receiving marketing material from us, Terminator Fitness may still contact you in relation to its ongoing relationship with you.

We will not disclose your Personal Information to third parties for marketing purposes without your consent. 

5. Security and storage of your Personal Information

We take reasonable steps to ensure that your Personal Information is stored securely and is protected from misuse and loss and from unauthorised access, modification or disclosure. This includes by maintaining:

        1. physical security over any paper-based and electronic data, such as through locks and security systems at our premises and secure databases (including trusted third-party storage providers located in Australia); and

        2. computer and network security, for example, we use firewalls, password protected secure system access and data encryption.

Our Online Platform is hosted in Australia. If you access the Online Platform from outside Australia, you are voluntarily transferring content (potentially including personally identifiable and health information) to Australia and agreeing that Terminator Fitness’s collection, use, storage and sharing of that content is exclusively subject to the laws of Australia rather than the laws of the country in which you are located. 

If you choose to provide Terminator Fitness with Personal Information, you are consenting to the collection, use and disclosure of that information and to the transfer of that information to our servers in Australia. 

Transmission and exchange of Personal Information with us or a Practitioner is at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us.

We will retain your Personal Information for as long as it is required to provide you with our services and to comply with legal requirements. If we no longer require your Personal Information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or permanently de-identify your Personal Information. 

6. How can you access or seek correction of your Personal Information?

You are entitled to request access to, and correction of, your Personal Information that we hold about you at any time. To do so, please contact us using the contact details set out in section 7 below. 

6.1 Your right to access your Personal Information

We will always endeavour to meet your request for access within a reasonable time and in the manner requested by you, if it is reasonable to do so. However, in some circumstances we may decline a request for access. If we decline your request for access, we will give you written reasons for our decision when we respond to your request. If you have any concerns about the refusal, please see section 7 below. 

We reserve the right to charge you an administrative fee for access to some types of Personal Information that we hold about you, including for example the preparation and copying of files and records. These charges will be limited to the cost of recouping our expenses for providing you with the requested information. 

6.2 Correcting your Personal Information

We will take reasonable steps to ensure that the Personal Information we hold about you is accurate, complete and up-to-date at the time of collecting, using or disclosing the information. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change. We will respond to your request within a reasonable period and take reasonable steps to amend our records. In the event that we disagree with the changes you have requested to your Personal Information, we will give you written reasons for our decision and notate your records that you disagree with our decision. 

7. How to Contact us

You may contact Terminator Fitness at any time if you have any questions or concerns about this document, or about the way in which your Personal Information is handled. Please direct all correspondence to:  

Contact: Privacy Officer

Mail: PO Box 1022, Blackburn North VIC 3130

Email: frank@terminatorfitness.com.au

Phone: 0448 870 216


We take all enquiries and complaints seriously. We endeavour to investigate and respond to any complaint within 30 days of receipt. If the matter is more complex or our investigation may take longer, we will let you know.


If you are not satisfied with our handling of your complaint, you may contact the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992, by email enquiries@oaic.gov.au or by using the contact details on the OAIC website.

8. How are changes made to this Privacy Policy?

Terminator Fitness may amend this Privacy Policy from time to time to reflect our current data collection and disclosure practices, with or without notice to you. The most recent version of our Privacy Policy is available on our Website. We recommend that you visit our Website regularly to keep up to date with any changes to this Privacy Policy.

This Privacy Policy was last updated in September 2021.