Last updated: 21st July, 2015.

Introduction

Please read this Privacy Policy carefully. This Privacy Policy governs the manner in which www.davidbergwerf.com.au collects, uses, maintains and discloses information collected through this website (“David Bergwerf” or “Site”). We respect your privacy and do not gather any personal data from you that you do not provide voluntarily. We adhere to Australia’s Privacy Act and the Australian Privacy Principles.

Application

This Privacy Policy applies to the Site www.davidbergwerf.com.au and to all of the Site’s associated services. It should be read in combination with our Terms and Conditions and both documents together control the relationship between you and us.

Who is responsible for personal information collected on the Site?

David Bergwerf Health & Fitness Pty Ltd is the Site owner and operator, and is responsible for the Site’s processing of your personal data and may be contacted using the Site’s Contact Form.

Cookies

We do use cookies on the Site and if you do not consent to this you should either not use the Site or configure your browser to reject cookies. Cookies are small data files that your web browser places on your computer or device. You may change your browser settings to opt out of cookies but this may prevent the Site from functioning correctly. The Site uses cookies for the following purposes:

  • Functional cookies: These improve the user experience, for example by remembering previously entered information so you do not need to enter it twice, for example when logging on.
  • Analytics cookies: These collect a mix of personal information which in some circumstances could identify an individual such as IP address and also aggregated anonymous demographic and statistical data.

Protection of minors

This Site is not directed to children under the age of 13 years and we do not intentionally collect, store or in any way use personal information from children younger than 13 years.  If you are a parent or legal guardian and think your child under 13 has given us information, please contact us using our Contact Form. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for:

  • the online conduct of such minor
  • controlling the minor’s access to and use of the Site or Services; and
  • the consequences of any misuse by the minor.

What is personal information?

Personal information means information or an opinion, true or false and whether recorded in a material form or not, about an identified or reasonably identifiable individual. Put more simply, personal information is information that may identify you as a specific individual. 

What personal information do we collect?

We only collect personal information you voluntarily provide to us. We collect the following personal information:

  • Our web Contact Form is configured to collect your name, email address and telephone number if you use the web form to contact us.
  • If you register for an account with us we collect your first name, last name, email address, telephone number and the health information required so that we can support your health and fitness goals.
  • We collect the email address you use for your PayPal account if you make a payment to us.
  • We may also collect your personal information if you provide it to us through what you write in our web contact form or by email or through our intake form.
  • We may also collect sensitive personal information if you provide us with any of your health information, for example by completing an intake form.

How do we collect personal information?

We collect personal identification information in a variety of ways, including, but not limited to when you register for an account, send us an email, fill out a web form, provide sensate health information by completing an intake form or order or pay for products or services.

If you choose not to provide personal information

You always have the choice to not provide us with your personal information. However, it may not be possible to make full or proper use of the Site if your personal information is not provided to us.

How we use personal information

We may collect and use your personal information for the following purposes:

  • To register you for an account
  • Provide you with products and/or services
  • Collect any applicable payments via PayPal
  • To improve customer service: For example, where your contact information helps us to respond to your customer service requests and support your needs more efficiently
  • To improve the Site: For example, we may use feedback you provide to improve the functionality and performance of the Site
  • To send emails with general information about Site related special offers and promotions, or other Site news and updates.

We do not share your personal information with any third parties, expect to the extent necessary to assist you in relation to a purpose listed above. For example, we share your information as necessary with third party suppliers. We will never sell or rent your personal information.

Please note that if you do provide us with your personal information, including your sensitive health information, you are also providing us with your permission to use this information in marketing or providing products or services to you.

Non-personal identification information

We may collect non-personal identification information about visitors whenever they interact with the Site. Non-personal identification information may include the browser’s name, the type of computer and technical information about the means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. Sometimes IP address is included and you are advised there are circumstances where an IP address may be able to identify an individual and in that context becomes personal information.

Google Analytics

This website makes use of Google Analytics. Google Analytics is Google’s analytics tool that helps website and app owners to understand how their visitors engage with their properties. Google Analytics may receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address. This is controlled by Google as a third party and is not under our direct control. Learn more about Analytics cookies and privacy information.

Security

The Site uses appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information.

Retention of personal information

Your personal information will be retained for as long as it is needed to operate your account and to meet the requirements of business record retention requirements.

Sharing your personal information

We do not sell, trade, or rent personal identification information to third parties. We may use third party service providers in association with the Site, for example Google for website analytics and PayPal for payment processing. We may share your information with these third parties for those limited purposes provided that you have given us your permission by agreeing to this Privacy Policy. We reserve the right to share your personal information in the future if it becomes necessary to do so in order for us to fulfill a legitimate business purpose but will only do so where the third party concerned has agreed to protect such information with appropriate privacy practices that conform with the requirements of the Privacy Act

Personal information you disclose when using the Site

The Site does not allow you to post and interact with other users and communicate by means of its online functions. However, we do receive emails and messages via our Contact Form and through email and cannot control your choice to disclose personal information in this way when using the Site.

Links

This Site may contain links to other websites. We are not responsible for the privacy practices of such third party websites. We encourage users to be aware when they leave our Site and to read the privacy statements of websites that collect personally identifiable information. This Privacy Policy applies only to information collected on www.davidbergderf.com.au.

Social Media

This Site makes only limited use of social media, for example providing Facebook, Twitter, Instagram and YouTube links. Please note that we have no control over, and is not responsible for, the privacy practices and policies of Facebook or other third party social media channel.

Cross-border disclosure of your information

The Site is operated in Australia and hosted in Singapore using secure services provided by Siteground.com. If you are located outside of Australia, please be aware that any information you provide to us will be transferred to Australia and/or Singapore. By using the Site, or providing us with any information, you consent to this transfer.

Your acceptance of these terms

Your use constitutes acceptance. This means that by using the Site you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Site.

Amendments to this Privacy Policy

This Privacy Policy may be amended from time to time.  If we make material changes to this Privacy Policy and/or in the way we use your personal information, we will notify you of these changes by republishing this policy. We recommend you consult this Privacy Policy regularly. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Accessing, updating or correcting your personal information

You may request access, updates and corrections to any personal information we hold about you at any time by managing it yourself through your account’s administration functions or by contacting us through the Site’s Contact Form. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

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. If that happens, we will give you written reasons for any refusal.

Users who do not want emails from us

If you do not wish to receive email from us you should not provide your email address and not use the Site. You can also opt out of any further email by contacting us using the Site’s Contact Form. However, we may need to terminate your account and we cannot provide you with services if we cannot contact you by email.

Announcements and Special Offers

We may use your name and email address to provide you with announcements and special offers. If you do not wish to receive these kinds of communications please opt-out by contacting us using the Site’s Contact Form. Please note that we may need to terminate your access to some or all content or services to you if we cannot communicate with you by email.

Release of Personal Information for legal reasons

We may release your personal information for legal reasons:

  • When we believe in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order).
  • To protect against fraudulent, abusive or unlawful use of the website.
  • To protect our rights or property.
  • If we reasonably believe that a situation involving danger of death or injury to any person requires disclosure.

Feedback to us

We have feedback functionality on the Site that allows you to submit comments, suggestions, or bugs found. We may collect your name and email address in order to follow up with you or thank you for a suggestion.

Contacting us

If you have any questions concerning this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us using the Site’s Contact Form.

Change of Site ownership

In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all user information to a separate entity. In this event, we will notify its users when user information is transferred and becomes subject to a different privacy policy.

Improving this Privacy Policy

We welcome your suggestions on how to improve this Privacy Policy. Please contact us through the Site if you wish to provide such suggestions.

This document was last updated on 21st July 2015 and is the most up to date version of our Privacy Policy.