PRIVACY POLICY

NEXT LEVEL ELITE

 

This Privacy Policy sets out our practices in relation to the collection, use, disclosure and handling of personal information.

 

In order to provide you with the best service we may ask you to provide us with personal information from time to time. We respect your personal information, and your privacy is important to us. We are committed to maintaining the highest standards to protect your personal information.

 

We comply with the Privacy Act 1988 (Cth) (Privacy Act) and Australian Privacy Principles (APPs) and (if applicable) General Data Protection Regulation (EU) 2016/679 (GDPR) and/or the Data Protection Act 2018 (UK) and “UK GDPR” (as defined in the Data Protection, Privacy and Electronic Communications Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations SI 2019/419) (UK GDPR). The Privacy Act, APPs and if applicable, the GDPR and/or the UK GDPR, govern the way in which we must manage your personal information, and this Privacy Policy sets out our practices in relation to the collection, use, disclosure and handling of personal information.

 

This Privacy Policy also applies to all of our employees, agents, contractors, affiliates and any the related parties in relation to the collection, storage, use and disclosure of personal information in the workplace.

 

This Privacy Policy should be read in conjunction with the terms and conditions for the Website which are available at the Terms and Conditions Address (Terms and Conditions). Any person using the Website should familiarise themselves with the Terms and Conditions and Privacy Policy of this Website, and should ensure they review it from time to time.

 

In this Privacy Policy:  

  1. Courses means the workshops, programs and courses which are provided by us to you in person and through the Website, as specified by us from time to time;
  2. Services means the services provided by us to you on the Website from time to time, including, but not limited to, the provision of access to the Courses, and our other mentoring and educational services;
  3. Terms and Conditions Address means  http://nextlevelelite.com.au/terms-and-conditions;
  4. us, we, and our means Stewart McCully and Vanessa McCully as trustees for the S & V McCully Family Trust trading as “Next Level Elite” ABN 19 195 945 239 and our employees, agents, contractors, affiliates and any other related parties; and
  5. you and your refers to anyone who visits and/or uses the Website and/or is provided access to the Services.

1               OPERATION OF OUR POLICY

You will be made aware when any personal information is required that may allow us to identify or contact you. Personal information will usually be requested when you register for a particular service with us. By consenting, either expressly or impliedly, to us processing your personal information, you will be deemed to have read and accepted the terms of this Privacy Policy. We will not process your personal information, unless it has your actual or deemed consent. Your personal information will only be used in accordance with this Privacy Policy. You are free at any time to opt out of receiving information from us at the end of each communication.  

 

2               COLLECTION OF PERSONAL INFORMATION

  1. The personal information that we may collect and hold includes (but is not limited to):
    1. full name;
    2. mailing or street address;
    3. email address;
    4. telephone number;
    5. date of birth;
    6. gender; and
    7. credit card and/or bank account information.
  2. We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect aggregated information about how users use our Website.
  3. We will collect personal information directly from you unless it is unreasonable or impracticable to do so. We will only ask you to provide information that is relevant to the service or product that you have requested or to enable us to respond to your enquiry. 
  4. When collecting personal information from you, we may collect it at various stages, including (but not limited to):
    1. when you purchase Services from us;
    2. when you register for an account on our Website;
    3. when you contact us via our social media pages; 
    4. when you contact us with an enquiry or complaint in relation to our Services; 
    5. when authorised people provide us with your personal information on your behalf;
    6. when you attend one of our events;
    7. through your access and use of our Website; and
    8. when you apply for a job with us.
  5. We may also collect personal information from third parties including data analysis agencies.

3               COLLECTION OF ANONYMOUS INFORMATION

  1. In order to measure the success of our online advertising we may use pixels, or transparent GIF files, to establish which of our online adverts successfully bring people to our Website. The GIF files are provided by third parties who provide us with online advertising analysis. This system places a cookie on your browser when you enter our Website via online advertisements allowing us to see which online advertisements bring us the most visitors to our Website. Most web browsers automatically accept cookies but you can change your browser to reject them. It is still possible to access our Website without having cookies enabled.  
  2. The information collected on our behalf is anonymous and does not personally identify you, which, for statistical purposes includes: 
    1. your server address;
    2. your top level domain name (e.g. .com, .gov, .au, etc.);
    3. the date, time and length of your visit to the Website;
    4. the pages you accessed;
    5. the previous website you visited;
    6. the type of browser you are using; and 
    7. the protocol version used (e.g. HTTP, FTP).

4          PURPOSES FOR COLLECTING, HOLDING, USING AND DISCLOSING YOUR PERSONAL INFORMATION

  1. We may use personal information about you so that we can provide you with a high quality of customer service. 
  2. We collect, hold, use and disclose your personal information for the following purposes: 
    1. to provide Services to you and to send communications to you;
    2. to answer enquiries and provide information or advice about existing and new Services;
    3. to advise you if we relocate; 
    4. to advise you if our Terms and Conditions or Privacy Policy have been updated or amended;
    5. to assess the performance of the Website and to improve the operation of the Website;
    6. to assess our customer service and to improve our customer service to you;
    7. to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties; 
    8. for administrative, marketing (including direct marketing and marketing research), planning, product or service development, quality control, human resources, educational and research purposes;
    9. to provide your updated personal information to our related bodies corporate, contractors or service providers;
    10. to update our records and keep your contact details up to date;
    11. to process and respond to any complaint or enquiry made by you; and
    12. to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country. 
  3. We may contact you regarding anything set out in the above by e-mail, post or telephone.
  4. We may also collect personal information about third parties from you, such as personal information about your family members, so that we can provide Services to those third parties. If you provide personal information about a third-party individual to us, you must ensure that the third-party individual is aware of this Privacy Policy, understands it and agrees to accept it. If you provide personal information about a third-party individual and that individual does not have the capacity to understand and agree to these terms (for example, a minor), we require a parent or guardian to acknowledge and agree to this paragraph. The acknowledgement will be through the acceptance of the Terms and Conditions.
  5. From time to time we may use the information you give us for marketing purposes. Other than as required by law, or as set out in this Privacy Policy, we will not disclose information about you to any third party without your permission. Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. We will not use your personal information for any purpose for which you would not reasonably expect us to use your personal information. Additionally, we will not disclose your sensitive information without your consent, unless there is a need to disclose such information in accordance with the Privacy Act and GDPR or UK GDPR, or to comply with any other regulatory requirement.
  6. We will immediately remove your personal information from our database if requested by you. We will do this in accordance with our policy on destroying personal information (see clause 12), in order to keep your information secure. 
  7. Where possible, we will give you the option of not identifying yourself or of using a pseudonym. We may not always be able to interact with you in this manner, especially where it is required by law to identify you before providing certain information. In general, we will not be able to assist you anonymously or where you are using a pseudonym when it is impractical or we are required or authorised by law or a court/tribunal order to deal with you personally.

5               DIRECT MARKETING

  1. By accepting the Terms and Conditions and providing us with your personal information, you consent to us sending you direct marketing communications by any of the methods listed above (see clause 4). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt out of receiving marketing communications from us by contacting us (see contact details below) or by using opt out facilities provided in the marketing communications, and we will then ensure that your name is removed from our mailing list. 
  2. Please note that by opting out of receiving marketing communications, you may still receive communications from us (such as invoices and notices) in relation to the Services you have purchased from us.  

6               DISCLOSURE TO OVERSEAS RECIPIENTS

  1. We may disclose your personal information to our related bodies corporate, third party suppliers, service providers, government and quasi-governmental organisations, prospective purchasers of part or whole of our business and stock exchanges located overseas for some of the purposes listed above (see clause 7). 
  2. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

7               DISCLOSURE OF PERSONAL INFORMATION

  1. We may disclose your personal information to: 
    1. our employees, related bodies corporate, contractors or service providers for the purposes of operating our Website or our business, fulfilling requests by you, and to otherwise provide Services to you including, without limitation, suppliers and manufacturers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, archivists and professional advisors such as accountants, solicitors, business advisors and consultants;
    2. suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes;
    3. government and regulatory bodies and law enforcement agencies; and
    4. any other organisation for any authorised purpose with your express consent, including your insurers and your solicitors.
  2. We may combine or share any information that we collect from you with information collected by any of our related bodies corporate. 
  3. We are not responsible for the privacy policies of any third party, and we accept no liability on behalf of any third party. Third parties are responsible for informing you about their own privacy practices. 
  4. Except as set out in this Privacy Policy, we will only disclose personal information with your permission or as required or allowed to do so by law.

8               ACCESS TO PERSONAL INFORMATION

  1. We require accurate personal information about you to ensure you receive the best possible service from us.
  2. You will be able to access personal information that we hold about you if it can be readily retrieved, subject to some exceptions allowed by law. Where we hold information that you are entitled to access, we will try to provide you with a suitable means of accessing it (for example, by mailing or emailing it to you).
  3. To request access to your personal information, please contact us in writing, and we will use reasonable endeavours to provide you with access to that information.
  4. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. In these instances, we will provide written reasons for any refusal.

9               UPDATING PERSONAL DETAILS

  1. We take reasonable steps to ensure that your personal information is up-to-date whenever we collect it or use it. This may include, for example, using data obtained from third parties to verify the accuracy of your personal information. 
  2. If you find that current personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us immediately and we will take reasonable steps to correct it.

10             INABILITY TO COLLECT PERSONAL INFORMATION

If you do not provide us with the personal information described above (see clause 2), some or all of the following may happen: 

 

  1. we may not be able to provide the requested Services to you, either to the same standard as if we did have access to personal information, or at all;
  2. we may not be able to process any third party discounts or benefits;
  3. we may not be able to notify you of any updates to our Privacy Policy and/or Terms and Conditions;
  4. we may not be able to provide you with information about Services that you may want, including information about discounts, sales or special promotions; or
  5. we may be unable to tailor the content of our Website to your preferences and your experience of our Website may not be as enjoyable or useful.

11             SECURE STORAGE OF PERSONAL INFORMATION

  1. We take reasonable steps to ensure we protect any personal information that we hold from misuse, loss and unauthorised access, modification and disclosure. 
  2. Your personal information may be stored in hard copy documents and electronically. 
  3. We maintain physical and electronic security over our paper and electronic data storage. We also maintain computer and network security. For example, we use firewalls (security measures for the Internet) and other systems such as user identifiers and passwords to control access to computer systems.
  4. Although we take reasonable steps to maintain the security of our Internet connections, for reasons outside of our control, information transmitted to us over the Internet may not be absolutely secure. We assume no responsibility for disclosure of data due to errors in transmission. 
  5. If we become aware that any of your personal information has been accessed by an unauthorised party (Data Breach), we will notify you of the Data Breach within 72 hours of us becoming aware of such breach. 

12             DESTRUCTION OF INFORMATION

  1. If the personal information we collect is no longer needed for any purposes and we are not required by law to retain it, we have procedures in place to ensure that any document or record containing your personal or health information is disposed of in a manner that preserves your privacy.
  2. We will immediately remove your personal information from its database if requested by you.

13             THIRD PARTY WEBSITES

  1. Our Website may contain links to other mobile applications or websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party mobile applications or websites and we are not responsible, or in any way liable, for the privacy policies or the content of any third party mobile applications or websites. Third party mobile applications or websites are responsible for informing you about their own privacy practices. 
  2. We take precautions to protect your personal information collected through the Website, but in the event that our system is infiltrated by unauthorised third parties, we will not be liable for any resulting misuse of personal information.

14             GENERAL DATA PROTECTION REGULATIONS

  1. If you are an individual residing in the European Union (EU) or the United Kingdom (UK)we will comply with the EU or UK data protection regulations contained in the GDPR or UK GDPR (as applicable) which provides a framework for the fair and transparent collection and use of personal information.
  2. Any data collected by us will be collected with your express consent, and will only ever be collected for a specific purpose (which shall not be excessive). We use and process your personal information as a “Processor” and/or (if applicable) as a “Controller”, as defined in the GDPR or UK GDPR
  3. We only collect and process your personal information where, it is necessary:
    1. for our legitimate interests;
    2. to maintain your health, safety and wellbeing, and in medical circumstances;
    3. to undertake a task that is in the public interest and has a clear legal basis;
    4. to provide Services, and to send communications, to you;
    5. to comply with the terms of a contract and/or fulfil other legal obligations; and
    6. for any other purpose listed above (see clause 4), provided such purpose does not contravene the GDPR or the UK GDPR.
  4. We will not collect or process personal information known as “Sensitive Personal Information” under the GDPR or UK GDPR (such as personal information regarding your ethnicity, or sexual orientation) without your consent, unless such personal information is otherwise collected pursuant to the GDPR or UK GDPR.
  5. We do not collect or process personal information of children (i.e. individuals aged younger than 18). If you are under the age of 18, you need the consent of your parent and/or legal guardian before you, and you must not without your parent’s and/or legal guardian’s consent, provide your personal information to us. 
  6. If you are an individual residing in the EU or UK, in addition to any other right provided in this Privacy Policy (that does not contravene the GDPR or the UK GDPR), you have the following rights:
    1. to gain access to (at your request) your personal information - if you would like to gain access to your personal information, please contact us and we will provide you with access to such information at any time. However, there may be certain instances where we cannot grant you access to the personal information we hold, such as where it may interfere with the privacy of others;
    2. to be provided information regarding how your personal information is used by us – we have provided a comprehensive explanation of how your personal information is used in this Privacy Policy (see clause 4 and 14(c));
    3. to update, correct and amend (at your request) any or all of your personal information where such personal information is incomplete or inaccurate – if any personal information you have provided to us is inaccurate or incomplete, please let us know and we will promptly correct it;
    4. to be forgotten and (at your request) have your personal information deleted from our records – if you do not want us to use your personal information anymore, where we no longer need to use the personal information, you may request we delete your personal information and we will delete that personal information from our records. If requested by you, we will delete such personal information in accordance with our policy of destroying information (see clause 12);
    5. to restrict our processing of your personal information – if you would like us to stop processing any or all of your personal information, you can stop us from processing your personal information by notifying us in writing of what personal information you would like to restrict us from using and why;
    6. to (for your own purposes) use your personal information – any personal information that you provide to us may be reused and retained by you;
    7. to object (under specific circumstances) to our use of your personal information – where you do not want us to use your personal information for a certain purpose (set out in this Privacy Policy) you may request we do not use your personal information in such way by contact us and objecting to such use. If you object to our use of your personal information for a direct marketing purposes, we will immediately stop using your personal information. Where you object to our use of your personal information for all other reasons, unless we are able to provide “legitimate grounds” for using your personal information, we will no longer use your personal information for the purposes you object to; 
    8. to object to us profiling and engaging in automated decision making – you may request that we do not engage in automated processing (i.e. processing solely by a computer without human intervention) of your personal information to evaluate certain personal aspects relating to you;
    9. to have your information protected in a safe and secure manner – we will retain your personal information in a confidential manner, whilst ensuring the personal information remains available for you at any time (at your request); and
    10. to have your personal information transferred to recipients only under specific circumstances – we will only transfer (without your express consent) your personal information to recipients that are permitted under the GDPR or the UK GDPR. In all other respects, we will obtain your consent before transferring your personal information to third-parties.
  7. To the extent of any inconsistency between the terms of this clause 14 and any other term of this Privacy Policy, the terms of this section and any term of the GDPR or the UK GDPR shall prevail, as applicable (where you are residing in the EU or UK).

15             INDEMNITY

  1. Whilst we will use all reasonable endeavours to safeguard your personal information, we cannot guarantee that your personal information will be protected against unauthorised access, misuse or disclosure. We do not accept any liability for the improper actions of unauthorised third parties. 
  2. We also assume no responsibility or liability for third parties such as advertisers or other entities who utilise banner advertisements and links from our Website. If you click through a banner, advertisement, or link and submit your information to a third party, you will be subject to the privacy policies of that third party.
  3. We will ensure that all employees and contractors are bound by a confidentiality agreement requiring that they do not use or disclose your personal information in a manner contrary to this Privacy Policy.
  4. We retain your personal information in line with relevant legislation and for as long as the information is relevant to our business purposes as set out above (see clause 2) or until you request that we remove the information by contacting us. 
  5. You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website and/or the Services or your breach of the Terms and Conditions.

16             CHANGES TO PRIVACY POLICY

All information which is held by us is governed by the latest version of this Privacy Policy at all times. We may change this Privacy Policy at any time without notice. We will let you know as soon as reasonably practicable after our Privacy Policy has changed.

 

17             COMPLAINTS

  1. If you believe that your privacy has been breached, please contact us immediately using the contact information below and provide details of the incident so that we can investigate it.
  2. We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint and undertake our own thorough investigation into such breach. We will attempt to confirm as appropriate and necessary with you, your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will investigate your complaint and advise you of the outcome of our investigations in writing. 
  3. If you feel we have failed to deal with your complaint in a satisfactory manner, you can make a complaint about the handling of your personal information by us, if you are based in:
    1. Australia to the Office of the Australian Information Commissioner (https://www.oaic.gov.au);
    2. the EU to the relevant Data Protection Authority of your country, as accessible by contacting the European Commission (https://www.ec.europa.eu); or
    3. the UK to The Information Commissioner’s Office (https://ico.org.uk/). 

18             CONTACT US

If you have any questions or suggestions regarding this Privacy Policy, or any concerns or a complaint relating to your personal information, please contact us at:

 

Address:          139 King William Road, Unley SA 5061

Email:              stewart@nextlevelelite.com.au
Phone:             +61 431 274 771