privacy policy.

The Business Owner (as defined below) states its Privacy Policy herein pursuant to the Article B.78 of the Australian Privacy Principles issued pursuant to the Privacy Act, 1988. 

In this document, unless there is something in the subject matter or context inconsistent therewith, the following terms and expressions will have the following meanings:

“Business Owner” or “Us” or  “We” — Wiyn Wellbeing (ACN No. 621 105 566), a business registered under the laws of Australia.

“Cookie” — Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file of text that a website transfers and stores on your device with the purpose of tracking your movements within the website and your interaction with the various components and features of the website. The Cookies used on the Website facilitate to improve and enhance the user’s experience on the Website and record their preferences. The Cookies do not seek to control the devices on which they are stored and nor are they damaging and nor do they extract your personal information from your device. The Cookies will reside on your device(s) until they expire or are deleted.

“Service” — The process of the User using the Website to book and participate in individualised weight loss coaching sessions offered on the Website.

“Survey” — All Users who desire to use the Service are required to complete the Exploratory Session Survey at www.wiynwellbeing.com/survey. The information gathered from the Survey will facilitate preparation for the initial preparatory session with the User and will enable the User to maximise benefit from the session. 

 

“TOS” — The Terms of Service in relation to the Service and the Website as set out herein, inclusive of but not limited to, all the express and implied terms and conditions set out herein for the use of the Service and the Website and shall also include without limitation the Privacy Policy, Disclaimer and Copyright Policies which form an indivisible part of this Terms of Service except as otherwise provided herein. 

 

“User” — Any person over the age of 18 or legal entity who visits any part of the Website for any duration whatsoever shall be deemed to be a User and such person or legal entity shall have been deemed to  accept all the terms and conditions of the TOS until such time that they leave the Website or close their browser. 

 

“Website” — www.wiynwellbeing.com, including any subdomains and sub-folders, which is developed and operated by the Business Owner.

This document sets out the Business Owner’s Privacy Policy in relation to the User and their data and personal details in respect of the Service. This Privacy Policy forms an integral and indivisible part of the Business Owner’s Terms of Service and the two documents are not mutually exclusive and should be read in conjunction with each other.  

 

Consent

You are advised to carefully read the contents of this Privacy Policy as it governs the relationship between the User and the Business Owner in the context of the use by the User of the Website and/or the Service.

In order to use the Service, the User will be providing the Business Owner with personal information through the completion of the Survey and telephone conversations. In doing so, you consent to the Business Owner collecting using and storing information relating to you in accordance with this Privacy Policy. While there is nothing compelling the User to provide such information, it may affect the quality of your experience on the Website and will prevent you from using the Service.

The use and/or continued use of the Service and/or the Website by the User Constitute his/her/its consent and agreement to the terms of this Privacy Policy and the Terms of Service of the Business Owner in respect of the Service and the Website. If you do not agree to be bound by this Privacy Policy and the Terms of Service, you should immediately cease to use the Service and the Website.

 

Best Efforts Basis

The Business Owner collects certain information about the User and his/her/its use of the Service and the Website. The information collected is used for the following purposes:

  • To allow the Business Owner to analyze the use of Service and the Website to enable the Business Owner to improve the breath and quality of the Service and the user experience enjoyed by all Users of the Website;

  • To allow the Business Owner to analyze which parts of its if marketing efforts are working best to attract new users to the Service and the Website and allow the Business Owner to more efficiently use its resources;

  • To allow the Business Owner to learn about the preferences of the User so as to be able to offer better directed services to them.
     

Except insofar as working with third parties to analyze data and develop marketing and business strategies, we do not share, lease, sell or otherwise deal in your data and we never disclose your identity, address or credit card details to anyone. All information shared with our third party vendors is on an anonymous basis.

The Business Owner will use its best efforts to preserve and protect the privacy of the User. Our systems are designed to ensure the best possible protection against unauthorized use of the Service and the Website and all content and information and data that reside thereon, including that of the User.

 

Data Collected, Its Use And Other Related Matters

To assist us in providing our customers an efficient and high quality service and user experience and to enable us to better develop our business and the services we offer, we collect the following types of data —

  • Personal And Financial Data; 
    To be able to process our customer’s orders, payment, and security verification, we collect:

    • First and Last Names;

    • Address;

    • Email address;

    • Phone Number;

    • Age.

 

The Business Owner does not collect any financial information on Users through the Website. Payment for the Service is facilitated through independent third party payment gateways, who will collect the necessary information from you.

  • Usage Data
    Through the use of cookies and other techniques, we also collect information on how the Service and the Website are accessed and used by Users to enable us to develop and model Usage Data which may include the following elements:

    • The User’s Internet Protocol address;

    • Type of browser being used and browser version;

    • The page from which you landed on our Website and the page from which you departed our Website;

    • The pages of our Website you visited and the services you accessed;

    • The times of your entry into and exit out of our Website and the duration spent on our Website;

    • Unique device identifiers and other diagnostic data;

    • Crash logs to allow us to debug in our systems and to ensure continuous Service availability

 

  • Tracking & Cookies Data​

To track and trace the use of the Service by the Users, we utilize cookies and similar tracking and tracing technologies and some of the information collected is stored in cookies files, which reside on your device(s). Cookies are tiny files, which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. Cookies are sent by our server based Website software to your browser and the cookie will reside on your device(s) until they expire or are deleted. 

You can elect to refuse cookies by making the appropriate selections in the settings menu of your browser or you can take a middle path of requiring a notification every time a cookie is sent to your device(s). If you elect to refuse our cookies, you may not be able to use some parts of our Service. The principal types of cookies we use in relation to our Service are:

  • Session Cookies - which are used to operate our Service;

  • Preference Cookies - used to remember your preferences and settings so that you do not have to reset them each time you utilize our Service; and

  • Security Cookies - used to maintain the security of our Service to allow all users a safe and rewarding user experience.

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Examples of tracking and tracing technologies used are beacons, tags and scripts that are designed to track and collect usage information to enable us develop and improve the Service. 

 

Use Of Data

The Business Owner uses data collected for various internal purposes and these include:

  • Maintaining and providing the Service and the Website;

  • Notifying users about changes and improvement(s) to the Service and the Website;

  • Enabling users to access interactive features of the Service and the Website;

  • Forwarding marketing information to Users who have agreed to receive such information;

  • Providing access to customer and technical support;

  • Accounting and administrative purposes;

  • To deliver to you any notices pursuant to the TOS, this Privacy Policy or a statutory obligation;

  • Monitoring usage of the Service and the Website to maintain a stable and safe usage environment; and

  • Detecting preventing and solving technical issues.

 

Data Transfer

The Website is hosted on the Wix hosting platform which maintains servers at multiple locations around the world.  The Business Owner’s operational offices are located in Sydney, Australia and the personal and other data of all Users will be located and accessed from these locations. Users may be located in jurisdictions other than those indicated above and the laws and regulations as regards personal and other data may be different in the jurisdiction of individual Users as compared to the indicated jurisdictions. By accessing and continuing to use the Service and the Website you expressly consent to the transfer of your personal and other data to the indicated jurisdictions and subjected to the laws and regulations of such jurisdictions.

The Business Owner has put in place measures that are necessary to ensure that the personal and other data of all Users is securely maintained and no data will be transferred to any third party in any jurisdiction who does not maintain and operate security protocols equivalent to those maintained and operated by the Business Owner.

 

Disclosure of Personal And Other Data

The Business Owner may disclose your personal and other data to a third party in the following circumstances:

  • In compliance with a valid court order and/or search warrant issued by a competent court or authority;

  • To protect itself from incurring legal liability in any respect;

  • To protect and preserve the property, rights, goodwill and reputation of the Business Owner and its employees and agents;

  • To prevent wrongful and/or illegal use of the Service and the Website; and

  • To protect the personal safety of Users, employees, agents, third party vendors and the public at large.

 

Web Forms And Survey

To enable us too efficiently respond to inquiries from Users who make use of the Web Forms provided on the Website, we do collect certain information. Except as indicated otherwise, information requested on Web Forms is entirely voluntary and at your discretion and such information will only be used in a manner that is consist with our Privacy Policy as state herein.

Due to the nature of our business, we need to collect certain personal information on Users who make use of the Service. This information is collected directly from the User in the form of the Survey that the User is required to complete in order to access the Service. While the completion of the Survey is requisite to access use of the Service, the information is collected from Users on a voluntary basis.

The information collected through the Survey is strictly controlled and any medical/health information provided by the User is never shared with any 3rd Party under any circumstance. Such information provided by the User is used exclusively for the purpose of:

  • Assessing the suitability of the User to use the Service;

  • Working out a program for the User to follow as part of the Service;
     

Information Received From Third Parties

In some instances, the Business Owner may receive information about you from third parties either through the Website or independently. For example, our payment gateways will submit information relating to your transaction to us for the purpose of identifying your transactions and processing them to allow us to deliver the Service to you and/or to maintain our accounting records for audit and taxation purposes. We may also in certain instances develop and maintain information about you independently. For example, if we have reason to believe that you have provided false or incorrect information, we reserve the absolute right to verify such information and to establish the correctness of your identity.

 

All information received and/or gathered on you from third parties will be maintained on our servers in the same manner and to the same standard as information provided by you or gathered directly by us. In terms of sharing such information, we will apply the same rules and standards as any other information we maintain on you.

 

Data Security

The security of your data is of primary importance to us and we shall take all reasonable measures that comply with industry standards to keep your personal and other data safe and private. However, we cannot give you a guarantee that your personal and other data will be 100% safe and secure and we make no such guarantee, warranty and/or undertaking, express or implied.

Third Party Vendors

From time to time, the Business Owner uses third party vendors who specialize in providing specialist data analytic services that assist us in improving and developing the Service and the Website and increasing the efficiency of our marketing efforts. As part of this process, we need and do disclose some of your personal and other data to our third party vendors but such disclosure is only made on an anonymous basis and no credit card details are made available other than the name of the issuer and/or payment gateway. All third party vendors are required to maintain and operate security protocols at least equivalent to those operated by the Business Owner and all third party vendors are required to sign and observe a strict Non-Disclosure Agreement.

The Business Owner makes use of the Google Analytics service as required. This service tracks and reports on website traffic and the data collected is shared with other Google services and Google may use such data to improve and personalize advertising on its own network. Users may opt out of having their activity monitored by Google Analytics by installing the Google Analytics opt out addon for their browser. For information on Google’s privacy policy, please visit https://policies.google.com/privacy?hl=en.

Your Data Protection Rights

Users are entitled to request for copies of your personal data. Users also have the right to request the Business Owner to correct your personal information which you consider to be wrong and/or incomplete. In the latter case, you may be requested to provide supporting information to verify your claims. Users are free to request us in writing to delete your personal information and data from our servers and we shall comply within thirty (30) days of receiving such written request.

 

However some information and data will be retained for accounting, taxation and auditing purposes and also as required by laws and regulations in Australia where our operations office islocated respectively. The Business Owner shall be entitled to charge a fee to process any request pursuant to this section to cover administrative and transactional costs such as retaining the services of a suitably qualified software specialist to amend or delete the relevant information on our servers.

To protect your personal information, we may require Users to provide proof  of identity before releasing/amending/deleting any information.

Link To Other Websites

Our Service and the Website may link to third party websites that are not operated by us and we have no control and/or influence over such websites and their respective Terms of Service, Privacy Policy and other policies. If you do elect to follow such links, you do so entirely at your own risk and we strongly recommend that you review the Terms of Service and Privacy Policy of such websites. We accept no liability whatsoever in respect of any loss and/or any damage or injury you may incur as a result of following such links.

Advertising

From time to time, we may display advertisements by third parties on the Website. To assist the third parties in assessing the performance of their advertisements, they may set cookies that allow their servers to identify you and your activity on the Website. These cookies allow the third parties to direct more relevant advertisements taking into consideration your activities on the Website and your preferences.

Privacy Of Children

Our Service is restricted to persons over the age of 18. The Business Owner does not knowingly collect data and information relating to persons under the age of 18.  Any parent who is aware that their child has provided us with misleading and/or false information in order to access the Service should inform us immediately in writing by way of email to office@wiynmedia.com. Once we are aware the information on a person under the age of 18 has been collected without parental consent, we will take all actions necessary to remove such information from our records and our servers.

Data Retention Period

The Business Owner will retain your information on our servers for as long as required by the laws and regulations of the relevant jurisdictions.

 

Complaints

If the User believes that we are in any way in breach of our obligations within the terms of the Australian Privacy Principles, you are entitled to lodge a complaint. Should you so wish to lodge a complaint, kindly contact us in writing providing full details of your grievance? We undertake that we shall immediately investigate the circumstance of your complaint and respond to you in writing with the results of such investigations. In the event that we find that are issues to be addressed, we shall also give the User an indication of the steps we intend to take. 

 

Unsubscribe

If you wish to opt out of  our e-mail database, please contact us in writing and we will make the necessary changes. We would be grateful if you could give us a reason for wanting to opt out of our email database as it may assist us in improving our service.

 

Changes To Privacy Policy

The Business Owner at all times reserves the right to change any and all aspects of this Privacy Policy at any time without giving advance notice of such changes to Users and without giving reasons for such changes. If the Business Owner does give any explanation for changes in the Privacy Policy it is done so only as a courtesy and not as a requirement. Any changes to the Privacy Policy shall become effective immediately the new Privacy Policy is posted on the Website and a notice of such changes is posted on the Website. All Users are advised to review our Privacy Policy from time to time to keep themselves updated on any changes.

 

Contact Us

Any person or legal entity requiring information in respect of our Privacy Policy should contact us by way of email to office@wiynmedia.com and we will endeavour to respond within 1-2 business days.