Terms and Conditions
At Penny Benjamin privacy and the importance of the protection of Personal and Sensitive Information is of high importance to us. We know you value your own privacy and we have developed this Privacy Statement to inform you of how we manage your personal information and maintain its integrity and security.
This statement details how we may use, collect and disclose information and is developed in accordance with the provisions of the Privacy Act 1988 (Cth) (“the Act”) and compliance with the EU General Data Protection Regulation and Australian Privacy Principles (“APPs”) detailed in Schedule 1 of the Act. You can find additional information of the Act and the APPs at www.oaic.gov.au Office of the Australian Information Commissioner.
Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.
1. Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information that is relevant to and necessary for Penny Benjamin to provide its service and products to you. This includes but is not limited to your name, billing address, shipping address, payment information (including credit card numbers), email address, date of birth and phone number. We refer to this information as “Order Information.”
When you subscribe to receive newsletter updates and newsletters, we collect information including your email address and name. We refer to this information as ‘Subscription Information’.
In circumstances where you may be required to complete a pre-activity questionnaire form personal information will also be collected by us. These forms and questionnaires may also include sensitive information which is generally but not limited to:
- Your weight and body measurements
- Your medical history and any allergies
- Current state of your health e.g whether you are pregnant or a smoker;
- Whether you are currently on any medication; and
- Any other information necessary to properly advise you in relation to your nutrition, health and fitness needs.
Website Use and Online User accounts
Our website is pennybenjamin.com.au and any related Facebook and social media accounts and we may collect some Personal Information from you following your online use and access to our sites, the type of information we may collect is:
- Your full name, email address and user name or account name;
- Passwords associated with any of our online account and log in facilities
- Geographic location where you may use your computer and mobile devices; and
- Other information that may form part of your account profile
As a registered user of Penny Benjamin, we may also collect the following:
- information you post in the form of messages, conversations, or contributions to discussions exchanged within our social media and online forums
- Sensitive Information you track or post in the form of weight, measurements, mood, journals, food and exercise or images you post within our social media and online forums
- information we may receive relating to communications you send us, such as queries or comments concerning our services
- information relating to your real time location, but only where you enable your computer or mobile device to send us location information
We use the collected information for the following general purposes:
- to identify you when you log in to your account
- to enable us to provide our services to you
- to verify transactions you make and for billing, security, and authentication
- to analyse the Website, services and our visitors, including research into our user demographics and user behaviour in order to improve our content and services
- to contact you about your account and provide support
- to share aggregate (non-identifiable) statistics about users of our services to prospective advertisers and partners
- to keep you informed of information about our Services we think you may find useful or which you have requested from us, provided you have indicated you would like to be contacted for these purposes
By submitting information to Penny Benjamin when registering, you consent to the use of your information for these purposes. We may collect and use your Personal Information for other purposes not listed above. If we do so, we will make it known to you at the time we collect or use your Personal Information.
Through our website, pennybenjamin.com.au we can obtain Personal Information if you send an email message, complete an online inquiry, or register to receive our monthly newsletter. By submitting this information anywhere on our site you consent to the use of your information for the purposes of communicating with you, including for direct marketing purposes.
- Your Internet protocol (IP) address; The date and time of your visit to the site;
- The pages you have accessed and documents downloaded; and
- The type of browser you were using.
Any such statistical analysis does not identify you.
2. Use of Personal and Sensitive Information
Any Information that we collect about you will be used and disclosed by us so that we can provide you with the services that you have requested or otherwise to enable us to carry out our functions. For example, we must make all of our staff aware of information about your health, so that they can safely advise about fitness programs and diet and so on. If we sell our business, we may disclose your Personal or Sensitive Information to the purchaser of the business.
As a client or you register an online account we will add your name, address, mobile and telephone numbers, facsimile number and email address to our database. The database may be used for ongoing marketing and educative purposes. If we elect to retain such Personal Information, you have our commitment to your privacy.
You consent to us using your Personal Information for sending you information, including newsletters, promotional material, about us, our products and services, as well as the products and services of our related entities and third parties, now and in the future. You also consent to us sending you such information by email or SMS. The type of marketing and educative activities that we undertake includes forwarding material to you so that you are kept updated in relation to relevant matters including, new offers, health and wellness retreats and promotions, dietary or other health or fitness related information.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
3. Sharing Personal and Sensitive Information
We do not and will not rent, sell or otherwise disclose your Personal or Sensitive Information to any other company or organization, without your prior consent where that consent is required by law.
You consent to our use and disclosure of your Personal Information to third parties:
- where it is incidental to a sale of our business to a third party
- where we outsource duties to an external service provider for purposes of rendering the required services, including enforcing the terms and conditions of our engagement with you or managing our database , or
- where the third party provides products and services to us or through us (such as paypal, travel agents and airlines) for the purposes of conducting our business functions (such as providing health and fitness advice, processing online payment transactions or direct marketing).
Some of your Personal Information may be transferred, stored, processed or used overseas by us or by these third parties. This may happen if our related entities are overseas, if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection. You consent to the collection, use, storage, and processing of your Personal Information outside of Australia.
4. Security of your Personal and Sensitive Information
When emailing Personal or Sensitive Information to us, or completing an online inquiry, please be aware that there are risks involved in transmitting such information across the Internet. Our website contains links to other websites. We have no control over and take no responsibility for the privacy practices employed at other websites.
We have secured our Website using industry standard technology. However, we cannot provide any guarantee with respect to the security of your Personal or Sensitive Information that you submit via the Website and we will not be liable for any breach of security or unintended loss or disclosure of information due to the Website being linked to the Internet.
We use all reasonable endeavours to secure any Personal or Sensitive Information that we hold about you and to keep this information accurate and up-to-date. Your Personal and Sensitive Information is stored behind industry standard firewalls and where applicable, protected by user names and passwords.
5. If you want to unsubscribe from our newsletters and website notifications
In each e-mail or each piece of marketing material that you receive from us, we will endeavour to attach simple instructions on how you can immediately unsubscribe from our mailing list. In any event, you can also opt out from receiving promotional material by sending an email to firstname.lastname@example.org with Unsubscribe in the subject line.
If you wish to view the Personal or Sensitive Information we hold about you, please contact us by sending an email to email@example.com
We take all reasonable steps to ensure that any Personal or Sensitive Information we collect and use is accurate, complete and up-to-date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested, and properly update the information provided to us to keep it true, accurate, current and complete. If you wish to amend that information because it is out of date or incorrect, or if you wish your Personal or Sensitive Information to be deleted from our database, please contact us by email with your request. We will use all reasonable endeavours to ensure the information is up-to-date and correct.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org.