Despite our fun loving nature, we take privacy very seriously at Elanation Pty Ltd. We are bound by the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles.
1. Purpose of this Policy
The policy applies to personal information collected by us by any means or technology, and whether we have requested the information or not. By using our websites or mobile applications (collectively, the Platform), or allowing your child to access our Platform or otherwise interacting with us, you consent to us using your child’s (where applicable) and your personal information as outlined in this policy. You agree that you and your child (where applicable) will comply with and be bound by this policy, as may be modified from time to time, whilst accessing or using the Platform.
If you or your child (where applicable) do not agree to the terms of this policy, you should not provide us with any personal information.
2. Information we collect
In the process of conducting our business we may collect a wide range of information from you or your child (where applicable). In particular, we may collect:
(a) identity data including names (and usernames or similar identifiers) and date of birth;
(b) contact data including contact details such as billing and delivery addresses, email addresses and telephone numbers;
(c) photographs and videos;
(d) transaction data including details about payments and other details of products and services purchased from us and physical activity details as recorded by personal fitness products (including steps, sleep, active minutes and more);
(e) technical data including internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices used to access our Platform;
(f) profile data including usernames and passwords, sports and other hobby interests and preferences, searches made and pages visited on our websites or in apps, interests, feedback and survey responses;
(g) usage data including information about the Platform is used, products and services; and
(h) marketing and communications data including our users preferences in receiving marketing from us and our third parties, communication preferences and if your child (where applicable) enters competitions organised by us, there may be additional information collected.
If you choose not to provide us with your child’s (where applicable) or your personal information, we may not be able to provide you or your child (where applicable) with access to and use of certain features of the Platform or supply hardware purchased through the Platform or third party retailers.
3. How we collect personal information
We may collect personal information from you or your child (where applicable) when you or they:
(a) register on our Platform;
(b) create or share content on our Platform;
(c) communicate with us through correspondence, chats, email, or when you or they share information with us from other social applications, services or websites;
(d) purchase a product from us;
(e) attend a stand of ours at a trade show or participate in a public demonstration;
(f) enter into one of our competitions; or
(g) otherwise interact with our Platform, services, content and advertising.
In some circumstances we may also collect personal information from publicly available sources, or third parties, such as our business partners when we are responsible for delivering services directly to you or your child (where applicable).
You and your child (where applicable) have the option to remain anonymous, or use a pseudonym when dealing with us, however this will limit our ability to deliver goods or services. If this choice is made and the personal information is necessary in order to access a product or feature, you or your child (where applicable) may not be able to access the product or feature. We highly recommend the use a pseudonym when creating a username in the Platform.
4. Why we collect, hold, use and store your personal information
We will generally collect, use and hold your child’s (where applicable) and your personal information if it is reasonably necessary for or directly related to the performance of our services, and for the purposes of:
(a) enabling access and use of our Platform;
(b) communicating with users;
(c) responding to enquiries and information requests;
(d) providing promotional material and information about other services that we, our related entities and other organisations that we have affiliations with, offer that may be of interest to our users;
(e) delivering products to customers;
(f) personalising content and experiences on our Platform;
(g) facilitating our internal business operations, including the fulfilment of any legal requirements;
(h) analysing our services and customer needs with a view to developing new or improved services;
(k) conducting competitions and promotions;
(l) payment and billing; and
(m) for any other purposes disclosed to you or your child (where applicable) at the time of collection, pursuant to your consent or where otherwise authorised by law.
We may also aggregate and anonymise your child’s (where applicable) or your information with information about other users in which case the information will no longer identify, and cannot reasonably be used to identify an individual.
5. How do we store and hold personal information?
We store most information about you and your child (where applicable) in computer systems and databases operated by either us or our external service providers. Some information is recorded in paper files that we store securely.
We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure.
These processes and systems include:
(a) the use of identity and access management technologies to control access to systems on which information is processed and stored;
(b) requiring all employees to comply with internal information security policies and keep information secure; and
(c) monitoring and regularly reviewing our practise against our own policies and against industry best practice.
6. Who do we disclose your personal information to, and why?
We do not sell personal information to third parties. We do not share personal information with companies, organisations, and individuals other than in the following circumstances:
(a) External processing: We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and subject to other appropriate confidentiality and security measures.
(b) Ownership changes: If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give you notice before transferring any personal information to a new entity.
(c) Legal reasons: We may disclose information to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Platform or the physical safety of any person.
7. Using our Platform and cookies
While we do not use browsing information to identify you or your child (where applicable) personally, we may record certain information about you or your child’s (where applicable) use of our Platform, such as which pages are visited, the time and date of visits and the internet protocol address assigned to the computer or mobile used to access the Platform.
We may also use google analytics and ‘cookies’ in order to enhance the Platform experience for our customers. Cookies are small files that store information on a computer, TV, mobile phone or other device. They enable the entity that put the cookie on the device to recognise you or your child (where applicable) across different websites, services, devices and/or browsing sessions. Cookies can be disabled through your internet browser but our Platform may not work as intended if you or child (where applicable) do so.
We take all reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. However, we cannot guarantee the security of information transmitted via the internet. As such, transmission of personal information via the internet is at your child’s (where applicable) and your own risk.
We have put in place procedures to deal with any suspected personal data breach and will notify you, your child (where applicable) and any applicable regulator of a breach where we are legally required to do so.
Links to third-party websites may appear on our Platform. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and we make no representations or warranties regarding third parties’ privacy practices.
9. Public Forums
It is important to remember that any information that is disclosed in a public forum on our Platform becomes public information and care should be taken when deciding to disclose any personal information online. This includes such things as including personal information in usernames, which we discourage. As these environments are public, we cannot be responsible for the protection of any personal information you or your child (where applicable) choose to disclose in the chat or other forums which are available on the Platform.
10. Overseas Disclosure
The majority of our personal information is stored and hosted in Australia. We may disclose limited personal information to third party service providers located overseas for the express purposes of providing payment processing services, website hosting services, data storage services or electronic communications analysis as necessary to deliver our services to on the Platform. Those third parties located overseas are not permitted to access or use your personal information (or the personal information of your child) except for those limited purposes. Any such disclosure to third parties located overseas will be done in accordance with the Privacy Act.
We will use all reasonable efforts to obtain assurance from third parties that they will safeguard any personal information in accordance with the terms of this policy.
We will attempt to ensure that persons to whom the disclosed personal information relates have comparable rights in relation to that information once disclosed overseas.
From time to time we may run competitions by ourselves, or with our business partners. Subject to any ‘conditions of entry’ that may be applicable to the particular competition, by your child (where applicable) entering and participating in the competition you consent to:
(a) the collection of the personal information required by the competition, most likely including: your child’s name, age, email address, and any competition specific questions;
(b) disclosure of your child’s personal information to our business partners; and
(c) receiving marketing and promotional communications from us and our business partners from time to time. You and your child will be able to opt out of further communication.
12. Accessing, correcting and updating your information
You have the right to access the information that is provided to us.
If you wish to access, correct, amend or delete any personal information we have about you or your child (where applicable), please contact us at firstname.lastname@example.org.
If you or your child (where applicable) have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of personal information, you should contact us. Our contact details are set out below.
We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.
If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (www.oaic.gov.au) for guidance on alternative courses of action which may be available.
14. Changes to this policy
From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our policy will be published on our Platform.
You may obtain a copy of our current policy from our website or by contacting us at the contact details below.
15. Contact us
If you or your child (where applicable) have any questions, comments, or concerns, please contact us at:
Elanation Pty Ltd
Attention: Privacy Officer