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.
“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” — , including any subdomains and sub-folders, which is developed and operated by the Business Owner.
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;
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.
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.
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.
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;
Monitoring usage of the Service and the Website to maintain a stable and safe usage environment; and
Detecting preventing and solving technical issues.
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
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.
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.
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
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 email@example.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.
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.
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.