Bec Jenkins - The Empowering Life Coach Pty Ltd (“Bec Jenkins - The Empowering Life Coach”, “we”, “us”, “our”) respects, and is committed to safeguarding, your privacy. We believe that information received by us that can be used to identify an individual user (“you”, “your”, “User”) should be taken very seriously. We are committed to the security and confidentiality of your personal information, and are transparent in how we manage it. Unless given consent to do otherwise, we will only collect and use personal information as set out below.
We follow the spirit of the Australian Privacy Principles in the Privacy Act 1988 (Cth) (the “Privacy Act”). However, until such time (if at all) as we are subject, in whole or in part, to the Privacy Act, we have chosen not to opt in to be treated as an organisation for the purposes of the Act.
This website is not intended for children and we do not knowingly collect data relating to children.
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes, but is not limited to, personal data you provide when you:
sign up for and/or participate in our marketing materials, questionnaires, promotions, competitions, surveys and free offers
apply for, make an enquiry and/or purchase our products or services
create an account on our website
complete registration forms, surveys, user profiles, or comments and public interactions, when you provide your name, email address or other information to us voluntarily
subscribe to our service or publications
complete feedback communications or customer service requests, where you may supply or we may ask for your name and contact details
request marketing to be sent to you
download software and/or mobile applications, where you may provide your name and contact details and other information for the purposes of signing up to the application and obtaining its services; and submit your curriculum vitae, where you provide your personal information to us.
Automated technologies or interactions
As you interact with our website, we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
Third Parties Or Publicly Available Sources
We may receive personal data about you from various third parties and public sources including:
analytics providers, such as Google
contact, financial and transaction data from providers of technical, payment and delivery services
data from social media, list brokers, referral agents and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.
We use social networking services such as Facebook, Instagram, and LinkedIn to communicate with the public about us. When you communicate with us using these services we may collect your personal information. The social networking service will also handle your personal information for its own purposes. These sites have their own privacy policies.
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
where we need to perform the contract we are about to enter into or have entered into with you
where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
where we need to comply with a legal obligation.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional Offers From Us
We may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or other transactions.
Change Of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, financiers, suppliers or subcontractors and other users as permitted by the functionality of our website, products and services insofar as reasonably necessary for the purposes set out in this policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
DATA RETENTION & SECURITY
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances, we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
We take measures, including the implementation and maintenance of physical, electronic, and managerial procedures, in an effort to assure the security, integrity, and accuracy of all personal information that we collect. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps.
We are committed to ensuring that the information you provide is secure. We use reasonable technical, administrative and physical measures to safeguard personal information. However, no personal information shared on the internet can be 100% guaranteed to be secure. Users are responsible for the access and security of their own computers.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
WHEN YOUR INFORMATION LEAVES AUSTRALIA
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. We will only transfer personal information to a foreign country for the purpose of providing you with our services and for carrying out any request you make when you use and interact with our website and services (e.g., if we outsource data storage to a cloud service provider).
In the event that we are required to disclose your personal information to overseas third parties, we will take reasonable steps to ensure that such disclosures are subject to reasonable confidentiality terms.
PRIVACY DATA BREACHES
Australian laws provide that an eligible data breach arises when the following three criteria are satisfied:
there is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that we hold;
this is likely to result in serious harm to one or more individuals; and
we have not been able to prevent the likely risk of serious harm with remedial action.
We are required to take all reasonable steps to ensure an assessment of an eligible data breach is completed within 30 days. If an eligible data breach is confirmed, as soon as practicable we must provide a statement to each of the individuals whose data was breached or who are at risk, including details of the breach and recommendations of the steps individuals should take. A copy of the statement must also be provided to the Office of the Australian Information Commissioner.
HOW TO CONTACT US ABOUT YOUR PRIVACY
If you want to send us notices or service of process, please contact us:
online at: [www.theempoweringlifecoach.com.au]; or
by mail at: [8 Perregreen Street, Doolandella Qld 4077].
If you have a complaint, please email us at [firstname.lastname@example.org]. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
If you have any complaints about our privacy practices, please feel free to send details of your complaint to the Office of the Australian Information Commissioner, GPO Box 5218 Sydney NSW 2001 Phone 1300 363 992 or oaic.gov.au.