Privacy Issues with Gym

LSnapper1 on 01/10/2019 - 08:39
Last edited 01/10/2019 - 12:13 by 1 other user

Hey guys,

Was just seeing of anyone had any experience in relation to 24 hour gyms and cancelling contract.

April 2019 - signed up with 24hr gym
September 2019 - moved a substantial distance from the gym, request a copy of the contract via email from the registered email address.

Get told to come in, attend the gym and get given a copy of all the information. Including cc details.

Now before I pay the $170 cancellation fee are there any suggestions? I have emailed them including their listed privacy officer and head office a week ago and haven't got a response.

Note this gym account is for my partner who has moved in with me, I didn't provide any id or even a name when walking into to get a copy of the details.

Sports & Outdoors

Comments

  • orangetrain on 01/10/2019 - 08:46
    +1

    Which gym? The gym I go to shows my face on a nearby computer whenever I swipe to get in. They are likely to have a picture of your face.

    • Snapper1 on 01/10/2019 - 08:48

      Dont really want to shame them just yet.

      NOTE it was my partners gym account i had never contacted/attended that gym. I walked in off the street. Said my partner had emailed about getting a copy of the contract

      Without asking me for anything else she printed all the documents off.

      • HighAndDry on 01/10/2019 - 09:25

        Said my partner had emailed about getting a copy of the contract

        They had. Unless you were using their email without their authority?

      • idonotknowwhy on 01/10/2019 - 11:02
        +18

        Dont really want to shame them just yet.

        Don't worry, they're not the ones being shamed here.

  • 87percent on 01/10/2019 - 08:48
    +1

    Look to transfer your membership. That’s hope I joined my gym. You’ll have to pay some small fees but it’ll be a lot less than paying the cancellation fee

  • Eeples on 01/10/2019 - 09:01
    +12

    You used your partners email address to communicate with the gym about the contract?
    Then you organised to pick up the document in the reply to your partners email address?
    Surely it is right that the gym assumes it is talking to your partner via email?
    (Did you have permission of your partner to use their email account and to contact the gym?)
    The gym knew your partner wanted the contract and you come and collects it… don’t see the problem. (You really think the gym would have provided the contract without the email trail?)

    Oh, you (or more correctly your partner) are trying to weasel out of paying the break contract fee.

    Have some honour?

    • Snapper1 on 01/10/2019 - 11:29
      -7

      Show some honour ?

      We are talking about a 24 hour gym here,

      at what point would you consider them to be breaking there contract with you ?

      I sure know providing someone with all my personal information / medical information & banking details without my consent, breaches almost every part of the privacy policy stated in the contract.

      • Early September partner rang three times do ask about relocation / cancellation no answer or reply each time
      • Mid september she emailed them stating that she had moved and would like cancel or transfer her membership (depending on options)
      • Reply next day stating there would be a $245 cancellation fee in the first 6 months.
      • Partner replied asking for a copy of the intial agreement, and terms and conditions (to look at options due to relocation or transfer)
      • Gym replied saying they tried to send it but it was blocked due to security restricitons and would have to be picked up.

      Fast forward a week with know contact between the two parties

      • I walk into said gym, Hi im here about a contract, that couldn't be sent through email (weird they are using Google suite)
        She goes sure I know what you are talking about.
      • proceeds to print off agreements / intro - orienation agreeement & banking details including CC with CCV and EXP hands them to me and i walk out.

      I had never been to the gym before this day or spoken to anyone from there, my partner is a female im a bald male with difrrent last name. so there could be no confusion there.

      • HardlyCharly on 01/10/2019 - 11:59
        +6

        They were given consent. Get over it.

        • Snapper1 on 01/10/2019 - 12:05
          -7

          Where they ?

          would you consider that reasonable disclosure ?
          failing that no written notice of disclosure was given.

          Wow just looked at your ozbargain post's,

          everyone your whinging in the opening statement,

          You must be fun at partys

          • Eeples on 01/10/2019 - 12:27

            @Snapper1: The email trail.
            And, they knew what you were talking about when you came in.

      • HighAndDry on 01/10/2019 - 13:14
        +5

        Who do you think you're fooling here? Just be honest and admit you're trying to find an excuse to get out of paying the cancellation fee.

      • John Kimble on 01/10/2019 - 16:19

        They aren't breaking the contract, they just mishandled your partner's private information. Two separate things.

  • Seraphin7 on 01/10/2019 - 09:19
    +33

    Are you asking if you can use this little trap you've set to get out of the cancellation fee?

    • plmko on 01/10/2019 - 09:30
      +12

      This is pretty sad if true.

    • Snapper1 on 01/10/2019 - 11:13
      -1

      I'd hardly call it a trap,

      I am more than happy for the cancellation fee to be paid should it need to be,

      some gyms have clauses in the contract that specify you can cancel due to change of address if they don't have servcies near you.

      • [Deactivated] on 01/10/2019 - 12:39

        sure m8

  • brad1-8tsi on 01/10/2019 - 10:07
    +2

    So is your issue trying to cancel or them giving you information about your partner?

    • Snapper1 on 01/10/2019 - 11:31
      -4

      Giving away information without providing any id name etc,

      what stopping me seeing someone's instagram photo of them at the gym, going in giving there name receiving there details and then proceeding to use there credit card information ?

      • this is completley hypothetical *
      • Eeples on 01/10/2019 - 12:23

        But, you admit the gym knew what you were talking about… because of the email trail

      • brad1-8tsi on 01/10/2019 - 12:50
        +2

        So you went in there expecting to get your partners information and when they gave you the information it made you unhappy.

        This is my standard question when a colleague or client or contractor thinks our procedure or actions are wrong:

        What did you expect to happen or what outcome would have made you happy?

        If you honestly think it's a rock show then give their policy/HR folk a call and ask them if that's how they would have seen it pan out.

        • SlavOz on 09/10/2019 - 21:18

          LOL this is what I'm struggling to understand as well. He's concerned that the gym gave him the information he asked for.

          OP maybe you have nothing better to do in life but argue with gym staff, but the people working there have a job to do and a private life to go home to. Don't expect them to kick up a fuss over something and make things harder for everyone just so you can feel some sense of royalty. Get over it.

  • bhubb18 on 01/10/2019 - 11:34
    +1

    Just report it to their HR team if you're so concerned, rather than wasting your time with rants online.

    • Snapper1 on 01/10/2019 - 11:45
      -4

      Why would I report it to there HR department :S

      Its more so getting some other views, you must be one of those people who love giving away personal information.

      Below is the privacy policy set out in the agreement Zap has breached this severly, surely this would be enough to Null the agreement

      If Zap collects personal information for a purpose (the primary purpose), Zap 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 your personal information; or
      in relation to the use or disclosure of your personal information:
      you would reasonably expect Zap to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose;
      use or disclosure is required or authorised under Australian law or a court/tribunal;
      a permitted situation exists in relation to Zap’s use or disclosure of the information;
      a permitted health situation exists in relation to use or disclosure of the information; or
      Zap 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 Zap uses or discloses your information because Zap 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, Zap will make a written note of the use or disclosure.

      • DASH8 on 01/10/2019 - 12:27

        From the gym's perspective. They've had numerous communications from your partner referencing the issue.

        You turn up at the gym and reference exactly the same details and want to cry about it when the gym says they're aware of your partner's communication like some random would possibly turn up and do this.

        If they had asked for your ID how would you have correlated this back to your partner's communication?

      • Eeples on 01/10/2019 - 12:33
        +1

        Did you think you were authorised to pick up the contract?
        Did you have that authorisation in writing from your partner?
        If you were authorised why didn’t you show that authorisation to the gym?
        If you weren’t authorised why did you accept the contract and such?

        They knew about the email trail and so did you.

      • bongom on 01/10/2019 - 12:39
        +4

        Partner consented over the phone to have someone collect the documents.
        This why people hate working in public CS roles?

      • jjjaar on 01/10/2019 - 13:42

        you would have consented to the use or disclosure of your personal information

        This was done when your partner said you’d pick it up.

        End thread.

  • Nutrino on 01/10/2019 - 12:05
    +7

    We need more popcorn here!!!!…..

    • [Deactivated] on 01/10/2019 - 12:46
      +3

      Still got some left over from Yesterday's Accident thread.

  • Dundundunnnn on 01/10/2019 - 12:30
    +2

    likely would be just as annoyed if your partner went in to pick up the details and the gym refused to hand over documents due to privacy laws. Angling for free cancellation is all.

  • xers on 01/10/2019 - 13:15
    +7

    Wow OP can't be serious. This must be the lowest of the low on list of entitled Ozbargainers' ridiculous forum topics

  • Fredfloresjr on 01/10/2019 - 14:13
    +3

    Wife should start worrying after this post by OP.

  • Baysew on 01/10/2019 - 14:19
    +13

    I have the solution. However, as the OP is not the actual Gym member, I am unable to discuss the matter.

  • [Deactivated] on 01/10/2019 - 14:29

    why would you need suggestions before paying the fee? You are trying to blackmail an honest small business just to get out of a cancellation fee, absolute disgraceful bc

  • John Kimble on 01/10/2019 - 16:09
    +1

    You are right, they shouldn't have provided you any information. It is/was a breach of your partner's details.

    Your partner can contact https://www.oaic.gov.au/privacy/privacy-complaints/ if they do not respond satisfactorily after 30 days.*

    *I googled this in 30 seconds.

    Nothing to do with your partner's contract and cancellation fees though.

    • HighAndDry on 01/10/2019 - 17:14

      They'd have to explain why OP was pretending to be them via email in the first place. Good luck with that…

      • John Kimble on 01/10/2019 - 17:31

        Where does it say OP pretended to be the partner via email?

        I can't find anywhere that states the partner advised the gym, the OP would come and collect the information either.

        And even if he did, how do they prove that? Plus, it doesn't have any relevance to them incorrectly disclosing the information to a third party.

        • HighAndDry on 01/10/2019 - 18:06
          +1

          request a copy of the contract via email from the registered email address.

          If the post is in first person, this is OP emailing the gym from the "registered" (aka partner's) email address.

          Get told to come in, attend the gym and get given a copy of all the information. Including cc details.

          Again, if this is first person, this is OP accessing the partner's email and being told this.

          These are the exact point - the gym only informed OP's partner at their registered email address to come in to get the details. Unless OP had access to that email account, there's no way they would have known to go in and ask for so-and-so's details at all.

          This isn't just someone waltzing into a store and getting a customer's details. In this case, the customer already corresponded with the store to request that their information be made ready and available for pick up.

          • John Kimble on 01/10/2019 - 18:17

            @HighAndDry: This states the partner was emailing https://www.ozbargain.com.au/comment/7791266/redir

            Doesn't matter anyway. If the contract is for a woman and a man walks in asking for it, it's fairly straightforward that they technically shouldn't have provided it to him.

            This doesn't void the contract in any way though.

          • John Kimble on 01/10/2019 - 18:26
            +1

            @HighAndDry:

            In this case, the customer already corresponded with the store to request that their information be made ready and available for pick up.

            No, they emailed asking for it, the gym said they cant email it, and they would have to come in for it in person. The customer never requested it was made ready for pick up.

  • bloom on 01/10/2019 - 21:36
    +1

    Next time I go to the post office and they hand over a package for my wife I'm gonna hit the roof!
    OzB will hear about… major privacy breach!

  • Strahany on 02/10/2019 - 00:08
    +2

    Seems like OP just wants to complain, and would probably have made a post complaining about how the gym turned them away, and wasted their time, had they not been provided everything due to privacy reasons.

    To OP - I’m as big on privacy as anyone else. But policies are only worth as much as their end result; following anything to the letter, “just because” is some absurd, McDonald’s-level-training “you have to do everything exactly like x, even if it is detrimental to the purpose of the policy” approach which fails to account for the reasoning ability of workers. The gym attendant acted entirely pragmatically.

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