1. Introduction

1.1. The protection of personal information is important to Future Swim Swim Schools.

1.2. Future Swim is committed to respecting the right to privacy and the protection of personal information and for that reason we will only collect, use, disclose, store and otherwise handle your personal and sensitive information in accordance with

our privacy policy as stated below.

1.3. By providing your personal information to Future Swim, you consent to its use, storage and disclosure in accordance with this Privacy Policy. This Policy provides for the way in which Future Swim may collect, use, store and disclose information.

1.4. Third party commercial entities and subsidiaries, whether owned or acting on behalf of Future Swim or an affiliate or not, may be subject to the same privacy laws and may be governed by their own privacy policies. Future Swim will always do its utmost to ensure that personal information is respected and protected.

2. Personal Information

2.1 Generally, personal information is information or an opinion (including information or an opinion forming part of a database) from which it is possible to determine someone’s identity.

2.2 The information collected by a Future Swim about a particular person will vary depending on the circumstances of collection. It may include, but is not limited to:

• name and contact details
• date of birth and gender
• emergency contract details
• bank account and/or credit card details
• payment history (e.g. for invoicing and payments of services, products and membership or personal credit information when you make payments tous)
• health information
• details regarding participation in our programs
• your computer IP address when visiting our website;
• your image, if you are photographed or videoed at one of our venues;
• If you apply for a job in one of our businesses, details about your education, employment history, membership of professional associations, referees and next of kin.

2.3 Where you provide us with information about other people (e.g. recipients of gift vouchers) you must have their consent to do so. If we collect such personal information about an individual from you we will take all reasonable steps to ensure that the individual will or has been made aware of this privacy policy and:

• our identity and how to contact us;
• that he or she can access the information and the main consequences (if any) for the individual if all or part of the information is not provided by us;
• the purpose for which we have collected the information;
• the organisations or types of organisations that we usually disclose the information to;
• any law that requires particular information to be collected; and
• whether any personal information is likely to be disclosed overseas, and if practicable, notify the recipient countries.

3. Sensitive Information

3.1. Sensitive information is a type of personal information that also includes information or an opinion about:

• racial or ethnic origin;
• political opinions;
• membership of a political association, professional or trade association or trade union;
• religious beliefs or affiliations or philosophical beliefs;
• sexual preferences or practices;
• criminal record; or
• health, genetic information or disability.

If it is reasonably necessary in the circumstances, Future Swim may also collect sensitive information such as a person’s medical history, nationality, their ethnic background or disabilities.

3.3. Future Swim is required by law to obtain consent when collecting sensitive information. Future Swim will assume consent to the collection of all sensitive information that is provided to it for use in accordance with this Privacy Policy, unless told otherwise.

3.4. Such information will not be disclosed for any purpose other than providing services to patrons or members other than in exceptional cases such as to lessen a serious threat to a person’s health or safety.

3.5. You are not obliged to provide personal information however failure to do so may result in Future Swim being unable to provide services or products to you, or progressing your interest in a Future Swim Swim School Franchise.

4. How we collect information

4.1. Customer Information: We may collect personal information from you in a number of ways including:

• contact Future Swim via email, telephone or mail or engage with Future Swim via social media
• through transactions you make with us and our swim centres (e.g. making a booking, participating in a promotion, competition, registering for a survey; or using a related digital service);
• provide details to Future Swim in an application form, consent form, survey, feedback form or incident report;
• subscribe to any publication of Future Swim, including electronic publications;
• through our website or email server by way of ‘cookies’. Cookies are small pieces of data that allow the website to remember something about you at a later time, for example by storing information of how you use the site.

You may configure the web browser to refuse or disable cookies;

• through our accounts and payments you make;
• apply for employment Future Swim or franchisees;
• through third parties, including companies running competitions on our behalf and our franchisees, or
• where Future Swim is required to do so by law (child protection, Work health and safety laws or other legislation in Australia).

4.2. Franchise Information

• through the methods listed in points 4.1 (above) and;
• through our agreements and documents relating to the application to become a Future Swim Swim School franchisee, and

4.3. If you do not wish for your personal information to be collected in a way anticipated by our Privacy Policy, we will use reasonable endeavours to accommodate your request. If we do comply with your request, or you provide us with inaccurate or incorrect information, we may not have sufficient information to conduct our business and we may be limited:

• in our ability to provide our services to customers;
• in our ability to manage our franchise/ contract relationships;
• in our ability to keep you informed of company updates and services information;
• in considering your application for employment with us; and
• in our ability to respond to your inquiry or request.

5. How we store and keep information secure

5.1. Future Swim stores information in different ways, including in paper and electronic form.

5.2. The information is added to our database which is hosted by a third party data storage provider. When information is entered into our database, the information may be combined or linked with other information held about that person.

5.3. We will keep personal information as long as we need it for the purposes in clause 6 of this policy, after which time we will destroy or de-identify the personal information. Otherwise we may keep personal information for any period required by law.

5.4. Security of personal information is important to Future Swim. Future Swim has taken steps to protect the information we hold from misuse, loss, unauthorised access, modification or disclosure. Some of the security measures Future Swim uses include strict confidentiality requirements of our employees, franchisees and service providers, security measures for system access, and security measures for our website.

5.5. While we strive to protect your personal and sensitive information, we cannot guarantee or warrant its complete security. No data over the internet can be guaranteed to be 100% secure. If you have an online account (including but not limited to intranet, SwimBiz) with Future Swim, your account will be able to be accessed by anyone who knows your login details. You should keep login details, and any other information you use to remember these details, private and secure.

5.6. We will not be responsible for any loss or harm that you may suffer as a result of a leak of your personal information unless we have breached this privacy policy or the Australian privacy laws.

6. How we use your personal information

6.1. Customer Information : Your personal information may be used in a number of ways including:

• for the purpose requested;
• to assist you with queries or respond to your feedback;
• to process a booking or application that you have made;
• to conduct and administer swim school memberships;
• to promote and market all current and future Future Swim businesses, swim schools, products and services and to inform you about the products and services of our commercial partners;
• to process and fulfil a gift voucher order;
• for surveys, research, direct marketing, promotions and competitions;
• to evaluate and improve the effectiveness of our website or social media;
• respond to emergency situations involving or requiring medical treatment;
• to facilitate our internal business operations, including the fulfilment of legal requirements and analysing our services and customer needs with a view to adopting new and/or improved services.

6.2. Franchisee Information: Franchisee’s information may be used in a number of ways including:

• for the methods listed above in 6.1;
• to assess your suitability as a franchisee and/or contract partner, where you make an application to us;
• for accounting purposes such as calculation and processing of franchise

fees and royalties, billing of services, products and membership; and

• as required under the Franchise Code of Conduct and other legislation

Future Swim Swim Schools must abide by.

7. Direct Marketing

7.1. When you provide your personal details to us, you consent to us using your personal information for direct marketing purposes (for an indefinite period).

Some personal information will be disclosed to an organisation or people who assist in our direct marketing.

7.2. From time to time, we may contact you with information about products and services or franchise opportunities offered by us and our related entities and our business partners, that we think may be of interest to you.

7.3. Every person whose data is collected by Future Swim has the option to refuse e-mail, SMS or posted offers by making a request in writing to Future Swim Privacy Officer via the contact details set out below, or by making use of the opt-out procedures included in any communications from us.

8. Other Disclosures

8.1. Future Swim may also disclose personal information:

• with your express or implied consent;
• when required or authorised by law;
• to an enforcement body when reasonably necessary; or
• to lessen or prevent a threat to an individual or public health or safety.

9. Future Swim website

9.1. When users visit the Future Swim website, our systems may record certain information about their use of the site, including the web pages visited and the time and date of their visit. Future Swim uses this information to help analyse and improve the performance of the Future Swim website.

9.2. In addition, we may use “cookies” on the Future Swim website. Cookies are small text files that help a website to remember the preferences of users to improve the experience of using that website. In some cases, the cookies that we use may collect some personal information. Future Swim will treat this information in the same way as other personal information we collect. You are free to disable cookies on your internet browser to prevent this information being collected; however, you may lose the benefit of an enhanced website experience that the use of cookies may offer.

9.3. Websites linked to the Future Swim website are not subject to Future Swim’s privacy standards, policies or procedures. Future Swim does not take any responsibility for the collection, use, disclosure or security of any personal information that you provide to a third party website.

10. Disclosure of personal information

10.1. We may disclose personal information in a variety of circumstances including to:

• our contract partners, franchisees (to verify membership details, confirm a booking, gift voucher or prize and to provide you with services);
• a third-party contractor who may be performing services for us that involves your personal information such as advertising agencies, suppliers and our public relations agency;
• in the case of contract partner or franchisee information, this may be provided to third party suppliers in order to provide you with additional services (e.g. group purchase savings), contracted assessors for assessment of the quality control standards of our franchisees; and
• any other party to which the law obliges us to.

10.2. We may exchange your personal information with service providers engaged to assist with services including data processing, data analysis, printing, contract management, legal, accounting, business consulting, marketing, research, auditing, delivery, security and mailing services.

10.3. We will not sell your personal information to marketing bodies without your consent.

11. Access and the quality of your personal information

11.1 We believe it is important to make sure that the personal information we hold about you is accurate and up to date. To this end, our staff have procedures to monitor some of your personal information. However, the accuracy of the information we hold depends to a large extent on the information you provide. We request that you contact us and tell us if any of your personal information has changed (e.g. your address) or if you believe that the personal information is inaccurate. After you advise us, we can then update our records and ensure that the personal information we hold is accurate and up to date.

12. Privacy queries, complaints and further information

12.1. If you have any concerns, queries, disputes or complaints about our privacy policy or our privacy practices, please contact Future Swim’s Privacy Officer through emailing management@futureswim.com.au

12.2. Our Privacy Officer will respond to your complaint within 30 days and try to resolve it within 90 days. If after receiving our response you consider that your privacy complaint has not been resolved, you may then take your complaint to the Office of the Australian Information Commissioner (www.oaic.com.au) and on 1300 363 992.

12.3. This privacy policy may be amended or updated to ensure that we maintain the highest standards from time to time.

12.4. Some Future Swim Swim Schools are owned and operated by franchisees which are independent entities that are responsible for their own privacy policies. For their privacy, please contact them directly