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Privacy policy

PRIVACY POLICY

This Privacy Policy describes how KX Pilates Franchising Pty Ltd ACN 158 620 047 as trustee for the KX Pilates Franchise Unit Trust ABN 87 866 900 141 (“KX Pilates”, “we”, “us” and “our”) collects, uses, and discloses your personal information when you use or make a purchase from https://shop.kxpilates.com (“Site”).

By using or making a purchase from the Site, you consent to the collection of your personal information by KX Pilates and its use and disclosure in accordance with this Privacy Policy.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

PERSONAL INFORMATION WE COLLECT

We may collect certain types of information and personal information from you. Personal information is an information that can uniquely identify an individual. We may collect the following types of personal information about you directly from you:

  • full name, date of birth, gender and occupation;
  • contact information such as your billing address and shipping address, email addresses, phone numbers, mobile numbers or other contact numbers and email addresses;
  • transaction details relating to your purchases;
  • financial/payment information such as credit card and/or bank account details;
  • demographic information such as postcode, preferences and interests;
  • other information relevant to customer surveys and/or offers; and
  • any other information which is reasonably necessary for us to provide our products and services to you.

We may collect personal information about you from a third party where you have expressly consented to its disclosure by that third party.

When you use the Site, we collect information which may include your server/IP address, the date and time of your visit, the pages accessed, the information you download and the type of browser used. We collect this information to help us determine how and why people visit the Site, for the purposes of marketing and advertising and to improve the products and services we offer.

We do not generally collect sensitive information about you without your consent. Sensitive information may include information regarding your racial or ethnic origins, political or religious beliefs, sexual preferences, membership of professional or trade associations or unions, health information, or criminal convictions.

How we collect PERSONAL INFORMATION

Generally, we collect personal information from you at the time you make a purchase through our Site or when you have other dealings with us. This includes through:

  • direct contact with you, whether by phone, email or post;
  • the Site when you place an online order with us or otherwise access and/or use the Site;
  • ratings and reviews of our products by you;
  • information service providers, social media sites or other publicly available information; and
  • collection of information from third parties (where you have expressly consented to disclosure by that third party).

Cookies may be used on our Site to collect information about you. A cookie is a small piece of information which is stored by your browser on your device. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use cookies so that we can remember you when you return to the Site, to help customise your web experience with us and to allow our Site to function properly and to monitor aggregate site usage data such as total number of visitors and pages viewed. This helps us analyse data about web page traffic and improve our Site in order to tailor it to customer needs. We may associate personal information with a cookie file in those instances and only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better Site, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your device or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.

Why We Collect PERSONAL INFORMATION

Generally, we collect personal information about you to provide our products and services, to perform our obligations to you and to enable us to conduct and grow our business. We also collect personal information so you can communicate with us.

If you do not to provide required personal information, we may be delayed or prevented from finalising your purchase or satisfying your request or enquiry.

what we do with INFORMATION we collect

We may collect, hold, use and disclose your personal information for the following reasons:

  • as is reasonably necessary to provide our products and services, including improving our products and services;
  • to allow us to manage and fulfil any orders you place with us;
  • to provide you with information about us, our products and services;
  • to keep you up to date with any important changes to our Site;
  • to respond to your enquiries;
  • for accounting, billing and other internal record keeping or administrative purposes;
  • to send you our newsletter;
  • to undertake marketing and promotion of us and our products and services, including by sending promotional emails about new products, special offers or other information which we think you may find interesting;
  • to contact you for feedback on our products and services for market research purposes. We may contact you by email, phone or post;
  • to add you to our mailing list (where you have subscribed);
  • to comply with any applicable laws, regulations, codes and requirements of any relevant body or authority; and
  • any other purpose which you have consented to.

We will ask for your consent if we want to use your personal information for any other purpose unless that other purpose is related to one of the original purposes of collection and you would reasonably expect us to use your personal information for that other purpose.

Where we use and disclose your personal information to inform you of updates and products and services that may be of interest to you, we will not direct market to you unless you have been given an opportunity to opt out of receiving future direct marketing communications.

SHARING PERSONAL INFORMATION

We share your personal information to help us provide our services and fulfill our obligations to you. This includes:

  • to service providers or persons who perform functions on our behalf, for example, mailing services, distribution services, IT services, data analysis, research, advertising or consultancy services;
  • to Shopify which powers our online store. You can read more about how Shopify uses your personal information here https://www.shopify.com/legal/privacy;
  • to governmental or semi-governmental offices or organisations;
  • to our business associates, related entities, agents and affiliates;
  • to marketing agencies;
  • to payment processing companies and facilities;
  • to others that you have been informed of at the time any personal information is collected from you;
  • to others (with your consent); and
  • where required or authorised by law or regulation to do so.

Third parties, including Shopify, may use cookies, web beacons and other storage technologies to collect or receive information from our Site and elsewhere on the internet and use that information to provide measurement services and target ads.

We also may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • we may use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your personal information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • we may share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We may collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by visiting sites such as http://www.youronlinechoices.com.au/, and https://adssettings.google.com/. You can find more information on the OAIC website.

DISCLOSURE TO overseas recipients

Some of our third party service providers may perform certain services overseas and as a result your personal information may be disclosed to a recipient in a foreign country.  For example, we may use a server hosted overseas to store data including your personal information or send emails to our customers. 

Under Australian privacy laws, we must take reasonable steps, in the circumstances, before personal information is disclosed to an overseas recipient to ensure that the overseas recipient does not breach Australian privacy laws in relation to that information. This obligation does not apply if you consent to the disclosure of your personal information to an overseas recipient.

By supplying personal information to us, you consent to the disclosure of your personal information to an overseas recipient and agree that the above obligation does not apply.

security of personal information

We are committed to ensuring that your information is secure. In order to prevent misuse, loss, unauthorised access, modification or unauthorised disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we have collected.

In maintaining the integrity of personal information, some of the security measures we include (but are not limited to):

  • firewalls and data encryption, antivirus, antispyware, backup and recovery of systems; and
  • secure work environments and workflow systems that prevent unauthorised access and copying of personal information and other data.

Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of any information transmitted to or from us

LINKS TO OTHER WEBSITES

Our Site may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. We cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy of the website that you visit.

Access and correction of information

You have a right to access and seek correction of your personal information that is collected and held by us. Where you request access, we will provide access to you within a reasonable time after the request is made.

However, we may deny access to your personal information to the extent permitted under the Privacy Act, which includes in circumstances where we consider providing access would pose a serious threat to the life, health or safety of an individual or there would be an unreasonable impact on the privacy of others. In circumstances where access is refused, we will advise you with a written explanation as to the reason/s as to why we refused access and how you may make a complaint concerning our refusal.

If at any time you believe that our record of your personal information is not correct or out-of-date, please contact us using the details below to arrange for correction of that personal information. In those circumstances or where we are satisfied that the personal information held is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that personal information so that it is accurate, up-to-date, complete, relevant and not misleading within a reasonable timeframe.

Before we provide access or make any corrections regarding your personal information as referred to above, we will require proof and verification of your identity.

Notification of data breaches

Where your personal information held by us has been lost, accessed or disclosed without our authorisation and that loss, access or disclosure is likely to cause serious harm to you, we will comply with the relevant notification requirements pursuant to Part IIC of the Privacy Act.

CONTACT

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us using the following details:

  • KX Pilates Franchising Pty Ltd, 27 St Edmonds Rd, Prahran VIC 3181, Australia
  • Email: shop@kxpilates.com.au

We will endeavour to address your complaint efficiently and within a reasonable timeframe. However, if you are not satisfied with our response you may contact the Office of the Australian Information Commissioner via its website at https://www.oaic.gov.au/ or 1300 363 992.

You can obtain further information above privacy in Australia and the protection of personal information by visiting the Office of the Australian Information Commissioner’s website at https://www.oaic.gov.au/.

 

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