We are committed to protecting your privacy and respecting and upholding your rights under the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) and the General Data Protection Regulation (EU 2016/679) (the “GDPR”) (collectively, “Privacy Laws”). We are a data controller for the purposes of the GDPR. We ensure that we will take all necessary and reasonable steps to comply with the relevant Privacy Laws and to deal with inquiries or complaints from individuals about compliance with the relevant Privacy Laws.
1. Your Information
We will collect Personal Information only by lawful and fair means and not in an unreasonably intrusive way. Generally, we will collect Personal Information directly from you, and only to the extent necessary to provide our services requested or ordered by you and to carry out our administrative functions or as required by a relevant Privacy Law.
We may also collect Personal Information from you when you enter a draw for the randomly generated opportunity to buy a product displayed on the Website (“Draw”), fill in an application form, communicate with us, visit our Website, provide us with feedback, complete online surveys or participate in competitions. We may collect Personal Information about you that you have provided to our business partners or from third parties and in respect of which you have given the third-party permission to share with us.
If you use a pseudonym when dealing with us or you do not provide identifiable information to us, we may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our Website, do not sign into it or provide any information that might identify you.
We require individuals to provide accurate, up to date and complete Personal Information at the time it is collected.
2. Information about children under 18
Our Website is not intended for users under the age of 18. We acknowledge that the definition of a “minor” changes between jurisdictions, however we do not knowingly seek or collect Personal Information from any children below the age of 18 years.
3. Information we may collect about you
Personal information is any information relating to an identified or identifiable natural person (“Personal Information”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Stripe is an online payment system that is used to process payments on the Website. Personal Information will be collected from you for the purpose of processing such payments.
4. What is our legal basis?
Under the GDPR, we must have a legal basis to process Personal Information collected from individuals residing in the European Union. We rely on several legal bases to process your Personal Information, including:
a) where it is necessary to provide you with access to, and use of, products, services and websites;
b) for our legitimate interests to provide, operate and improve our products, services or Website;
c) where you have freely and expressly consented to the processing of your Personal Information by us, which you may withdraw at any time; or
d) where we are under a legal obligation to process your Personal Information.
5. How your information is used
We use, process and disclose your Personal Information for the purposes for which the information is collected, or for a directly related purpose, including (but not limited to):
a) providing our Website, products and services to you;
b) conducting Draws;
c) providing Personal Information including your full name, telephone number and email address details, payment details and product preferences to Coaches (as defined in our Terms and Conditions) and/or retailers of any product displayed on our Website (“Retailer”) to, process the required payment and enable them to provide and deliver products to you, including Coaching Services and/or Coaching Products;
d) administering, protecting, improving or optimising our Website, products and services (including performing data analytics, conducting research and for advertising and marketing purposes);
e) creating industry reports from de-identified data;
f) verifying your identity and age;
g) billing you via Stripe on behalf of Coaches and/or Retailers for purchasing products, including Coaching Services and/or Coaching Products;
h) informing you about our Website, Draws, products, services, rewards, surveys, contests, or other promotional activities or events sponsored or managed by us, Coaches, Retailers or our business partners;
i) responding to any inquiries or comments that you submit to us;
j) verifying your identity;
k) any other purpose you have consented to; and
l) any use which is required or authorised by a relevant Privacy Law;
m) verifying the qualifications of Coaches and requisite insurance held.
a) have your express consent (which you may withdraw at any time by contacting us in writing at firstname.lastname@example.org);
b) have a legal basis; or
c) are otherwise permitted by relevant Privacy Laws,
we may use and process your Personal Information to send you information about products and services we believe are suited to you and your interests or we may invite you to attend special events.
At any time, you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your Personal Information as detailed above will continue. You can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us in writing at email@example.com.
6. Disclosure of Personal Information
We may disclose your Personal Information to:
a) the specific Coaches and/or Retailer who are selling the products, including Coaching Products and Coaching Services, that you have enquired about through our Website;
b) third parties we ordinarily engage from time to time to perform functions on our behalf for the above purposes;
c) any person or entity to whom you have expressly consented to us disclosing your Personal Information to;
d) our external business advisors, auditors, lawyers, insurers and financiers;
e) our payment processing service provider Stripe; and
f) any person or entity to whom we are required or authorised to disclose your Personal Information to in accordance with the relevant Privacy Laws.
Cookies are small files that can be stored on and accessed from a user’s device when the user accesses a website. They enable authorised web servers to recognise you across different websites, services, devices and browsing sessions.
a) identify users of our Website and Services;
b) process user requests;
c) improve user experience;
d) remember user preferences on our Website;
e) monitor the use of our Website and for analysis of our user base;
f) facilitate communication with users;
g) control access to certain content on our Website; and
h) protect our Website.
The data collected through Cookies will not be kept for longer than is necessary to fulfil the purposes mentioned above. We will handle any Personal Information collected by Cookies in the same way that we handle all other Personal Information.
You can delete and refuse to accept browser Cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website.
8. Onekeelo Website
When transmitting Personal Information from your computer to our Website, you must keep in mind that the transmission of information over the internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
9. Data Storage
We may hold your Personal Information in either electronic or hard copy. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. For example, authentication is handled via Amazon Cognito, which is HIPAA eligible and PCI DSS, SOC, and ISO/IEC 27001, ISO/IEC 27017, ISO/IEC 27018, and ISO 9001 compliant. Further, your Personal Information is stored in Amazon DynamoDB which is fully encrypted at rest.
However, we cannot guarantee the security of any Personal Information transmitted over the internet and therefore you disclose information and Personal Information to us at your own risk. We will not be liable for any unauthorised access, modification or disclosure, or misuse of your Personal Information.
10. Access to information
Under the GDPR, an individual residing in the European Union has enhanced privacy rights, including the right to:
a) require us to correct any Personal Information held about you that is inaccurate or incomplete;
b) require the deletion of Personal Information concerning you in certain situations;
c) data portability for Personal Information you provide to us;
d) object or withdraw your consent at any time to the processing of your Personal Information;
e) object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you; or
f) otherwise restrict our processing of your Personal Information in certain circumstances.
Subject to some exceptions provided by the relevant Privacy Laws, you may request access to your Personal Information in our customer account database, or seek correction of it, by contacting us. See Section 11: Contact information. Should we decline you access to your Personal Information, we will provide a written explanation setting out our reasons for doing so.
We may charge a reasonable fee that is not excessive to cover the charges of retrieving your Personal Information from our customer account database. We will not charge you for making the request.
If you believe that we hold Personal Information about you that is not accurate, complete or up-to-date then you may request that your Personal Information be amended. We will respond to your request to correct your Personal Information within a reasonable timeframe and you will not be charged a fee for correcting your Personal Information.
11. Third Party Sites
12. Contact information
13. Notices and Revisions
We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personally identifiable information that cannot be resolved between us and the individual.
Dated: May 2021