PRIVACY POLICY

  1. Our Privacy Policy

  BodyForge Mall Australia  (“BodyForge Mall”, “we”, “us”), values your privacy. This Privacy Policy describes how we and our subsidiaries, collect, use and disclose the information about you when you:

  • visit or shop with us at our website www.bodyforgemall.com and the websites of our subsidiaries (our “Site”);
  • visit or shop with us;
  • use and contribute to social media;
  • use our other digital services;
  • join our club membership programs;
  • apply for a job with us; or
  • otherwise engage in with us such as when you make an enquiry or contact us, or participate in a survey, promotion or competition.

  By engaging in the above activities, you acknowledge that we will handle personal information in accordance with this Privacy Policy and our Terms of Use.

  1. What is personal information?

  Personal information is information that identifies you, or from which your identity can be reasonably determined, and it can include (but is not limited to) your name, address, email, telephone number.

  1. What type of personal information do we collect?

  We collect information about you directly and from other parties, as well as automatically though your use of our Sites (and other instances where we interact). This may include:

  • the types of personal information mentioned at section 2 above;
  • information you provide us when shopping on our site or at our stores such as name, payment details, contact details, details reasonably related to your shopping experience;
  • information you provide us when using or contributing to social media or our other digital services such as name, email address or social media account details;
  • information you provide us when you join our club membership programs or participate in our offerings;
  • information you provide us when you apply for a job with us such as name, contact details, qualifications and experience; and
  • any other information you provide us when you submit an enquiry or contact us. 
  1. Why do we collect and use your personal information?

  We collect and use your information, including your personal information, so that we can:

  • assist you with your transactions with us;
  • tell you about and improve our products, services, and experiences;
  • support our business administration and related functions;
  • accept/consider job applications, and send you job opportunities that may be of interest to you;
  • allow you to join and participate in our club memberships or other reward programs;
  • assist with any enquiries you make;
  • meet our legal obligations; and
  • for other reasons you might reasonably expect us to use your personal information for.

  Although you do not have to share your personal information with us, without it we may not be able to provide our products or services to you.

  1. How do we collect your personal information?

  5.1 General collection

  We may collect personal information about you during your interactions with us including when you participate in those activities set out in section 1.

  5.2 Cookies and other technologies

  We use cookies and other technologies to track information about your use of our Sites to create an improved, more personalised shopping experience for you.

  Cookies are small files stored on your device that allow our websites to recognise a particular device or browser. We use cookies and other technologies to improve site functionalities, measure the effectiveness of our marketing campaigns, and tailor advertisements to make them more relevant to you.

  You can choose to delete cookies that are already on your computer by going to the “settings” section in your browser – this should provide instructions on how to locate the file or directory that stores cookies. Even if you delete cookies from your computer you can still use our Sites, but your user experience may be affected and some features of the Sites may not function.

  5.3 Social media and other third party websites

  We also use a number of third party websites and social media platforms including Twitter, Instagram, LinkedIn, Facebook and YouTube. We may use information that you make public when you use these services or platforms. The types of information available for use by us may include images and text relating to us or our products, services, promotions, events, club memberships and club cards.

  You may be able to access other third party websites through our websites. Your use of these third party websites is governed by their own policies. You should make sure that you have read and understood these policies. We may have arrangements in place with those third parties that allows us to collect or have access to the information that you share with them. We will not enhance the information that they hold about you. .

  5.4 In-store surveillance

  Our stores and other premises have video surveillance cameras that monitor and help to facilitate  the safety and security of those premises, our team members, customers and other members of the public. We do not share these recordings with any third party organisations except where we are required to by law. Cameras are not placed in areas of our premises that would unreasonably intrude on the privacy of individuals.

  1. How do we use your personal information?

  6.1 General use

  We may use your personal information to communicate with you, including to: 

  • fulfil orders for purchases you make with us;
  • provide you with details about our club memberships or other offers;
  • respond to enquiries you make with us;
  • deal with complaints or requests you may inform us of;
  • suggest jobs you may be interested in, as well as to review and progress job applications you make to us.

  6.2 Direct marketing

  We will only use your personal information for direct marketing purposes if you have provided your information to us for that purpose or if you have otherwise consented to us using your information for direct marketing.

  If you agree to receive direct marketing communications from us, we may contact you from time to time (such as by mail, telephone, email, SMS, or social media platforms) with information about our (or any of our related companies’) products and services as well as those of our business partners, where we think these may be of interest to you.

  You can always choose to stop receiving direct marketing communications from us by ‘opting-out’. Our communications with you will include instructions on how to do this, and we will make sure to comply with your request within a reasonable timeframe and as required by all applicable laws.

  6.3 Analytics and display advertising

  We may anonymise and aggregate your personal information with other information. We may do this for use and disclosure of the anonymous data to assist us in determining shopping and purchasing preferences and patterns, and to improve our product and service offerings including as described in section 5 (How do we collect your personal information?) above.

  We may share this anonymised data with our trusted third party providers, including online advertisement networks (such as those operated by Google), social media platforms or other third party services, in order to provide insights about customer behaviour and also to identify and present display advertising to particular target audiences.

  6.4 Sharing your personal information

  In some cases we may need to disclose your personal information to third parties who perform functions or services in connection with our business (such as delivery; product repair or recall; payment processing;  marketing; surveys; banking; mailing functions; gateway provision; insurance; document management; information technology services including data storage, hosting and security; employment matters; for operation of our websites) or where we are otherwise required to do so by law.

  We may also disclose your personal information to our related companies, and to other third parties where you have specifically consented to that disclosure.

  6.5 Overseas disclosure of your personal information

  Some of our related companies and third party service providers perform the functions we have engaged them for in overseas locations.

  Due to the number of third party services providers we work with, it is not practicable to provide an exhaustive list of every country where your personal information may be sent. However, it is likely that your personal information will be sent to the following countries: China, Germany, India, New Zealand, Singapore, Switzerland, United Kingdom and United States. We may also disclose your personal information internally within our related companies located in Australia, China, and New Zealand.

  We will take reasonable steps in the circumstances for any overseas use or disclosure of personal information to be done in a way that  complies with privacy laws and relevant data security industry standards.

  1. How do we secure your personal information?

  7.1 Our websites

  Our Sites may contain links to other websites we have no control over and there are always risks in sharing information over the internet. While we take reasonable precautions so that our Sites are hosted and operate securely, you should also take precautions to protect your information. This might include checking that you are accessing a secure server or for the presence of the unbroken key or closed lock symbol generally located either at the bottom left or top right of your browser window. You could also check that your URL is secure by looking for the first characters ‘https’ (rather than just ‘http’).

  7.2 Credit card details

  We are also compliant with the Payment Card Industry Data Security Standard (PCI DSS) which is an information security standard for organisations that handle credit card data. This means that when you shop with us, both in-store and online, your credit card details will be handled using secure processes. But you should still exercise caution when shopping online, and never enter any credit card details when contacting us via email or through our website “Contact Us” form as in these instances those details will not be protected by encryption.

  7.3 Security of your personal information

  We take reasonable steps to protect your personal information, including from misuse, interference and loss, unauthorised access, modification or disclosure, including by:

  • taking measures to protect the physical security of our premises, document management systems, database and records;
  • implementing technical measures, such as computer passwords, data back-up and anti-virus software; and
  • taking measures so our team members also adhere to internal information security policies.

  We will take all reasonable steps to help keep your personal information accurate and up-to-date. If we no longer need your personal information, we will destroy or de-identify it.

  7.4 Remaining anonymous

  When practicable, you may choose not to identify yourself when dealing with us. You also may elect to use a pseudonym to protect your identity. However, there may be some instances where we are not able to provide our services if you are anonymous or use a pseudonym.

  7.5 Contact Us

  If you become aware that your information has been subject to unauthorised access, use or disclosure, you should contact us immediately. info@bodyforgemall.com

  1. How do you access and correct your personal information?

  You can access, update or correct any of your personal information that we hold about you by contacting our Privacy Team using the contact details in section 10. Please provide us enough information, and proof of identity, so we can respond to your request. We will aim to respond to your request within 30 days. If we refuse to comply with your request, we will let you know why.

  1. Contact Us

  If you have any questions or concerns about how we handle your personal information please contact us using the details below:

  E-mail: info@bodyforgemall.com

  If you make a complaint to us about your personal information, we will aim to respond to your complaint within 20 days. Please provide us enough information so we can respond to your question or concern otherwise we may need to ask you for more information which can delay the process.

  1. Changes to our Privacy Policy

  We may make changes to this Privacy Policy from time to time. Changes to this Privacy Policy will be displayed as an updated version on our Sites. We encourage you to periodically review this Privacy Policy so you remain informed about how we handle your personal information.  

Privacy Policy Part 2 – Data Collection

Collection

How do we collect information?

The Company collects Personal information:-

  • directly from you (unless it is unreasonable or impracticable to do so) when you contact our business number or fill in an enquiry form; and
  • third parties – other companies within our group, or affiliate or partner companies that are connected with us, public records or bodies or private organisations. There may be occasions where we need to source Personal Information about you from a third party.  For example, we may collect Personal Information from a credit reporting agency, an information service provider or from a publicly maintained record. We also use third parties to analyse website traffic.
  • Passive collection: information which is automatically collected, without your knowledge, whilst navigating through and interacting with the content on our site, as well as information on your device or computer (such as cookies).

The sole purpose of passively collecting your information is to improve your experience when using our website and web services.

Through a tracking code embedded on our website, the information collected includes:

  • Device-specific data

The following information may be collected through your device and browser:

  • your device’s IP address (collected and stored in an anonymized format);
  • device screen size;
  • device type (unique device identifiers) and browser information;
  • geographic location (country only);
  • preferred language used to display the webpage.
  • Log data

Our tracking software automatically record information which is created upon using our website.. Data includes:

  • referring domain;
  • pages visited;
  • geographic location (country only);
  • preferred language used to display the webpage;
  • date and time when website pages were accessed;

The Personal Information is collected and held only to the extent reasonably necessary for one or more of the Company’s functions or activities.  These functions or activities include, but are not limited to, the sale, promotion and distribution of its services by direct to customer marketing as well as on-line advertising and marketing.

Any person may access or use the Website via the internet without registering with or disclosing any personally identifying Personal Information to the Company.

Where lawful and practicable, individuals have the option of not identifying themselves (remaining anonymous or using a pseudonym) when dealing with the Company. 
 
What type of Personal Information do we collect?

Personal Information collected and held by the Company during our relationship with you may include (and is not limited to):

  • your email address; first name; last name; contact details; date of birth; home address; postcode; country of residence; telephone numbers; credit card payment details; billing address; personal information in surveys; testimonials and complaints; Internet Protocol (IP) address, occupation, employment, industry areas of interest and information relating to your dealings with us;
  • Any Personal Information you volunteer while using this Website (including via cookies)

Why we collect Personal Information?

The purposes for which we collect your Personal Information may include providing you with services, information and content or information about the Company’s services, promotions or services or improving our services.

Cookies

The Company may place a “cookie” (a small text or pixel file) on any computer you use to access this Website, which, among other things, assists the Company to provide you with an easy-to-use Website. When you revisit this Website, the cookie will enable the Company to recognise you as a previous user.    More information on cookies can generally be found in the “help” (or similar) section of your computer’s internet web browser.  If you do not want to receive cookies, you can change your browser settings. If you use this Website without changing your browser settings, we will assume that you are happy to receive cookies on this Website.

Cookies help us know who you are so we can show content that is most relevant to you, including features, products and promotions. We use your cookies to improve your website experience and serve you with relevant information and promotional offers based on your onsite behaviour. They help us improve our service features and let us know if someone engages or is attempting to engage in activity that violates our terms and conditions.

Unsolicited Personal Information

If the Company receives unsolicited Personal Information about an individual, the Company will take steps to afford that information the same privacy protection as solicited Personal Information or destroy or de-identify that information if it lawful and reasonable to do so and only if the information is not contained in a Commonwealth record.

  1. Use and disclosure

The Company may use and disclose (and you are deemed to consent to the Company using and disclosing) your Personal Information:

2.1 for the purposes for which it is collected (primary purpose) and for any related purposes (secondary purpose), including:

  • where necessary or desirable in connection with the provision of this Website, the Website materials and our services to you (for example: Australia Post and third party fulfilment contractors);
  • to manage the Company’s relationship with you; and
  • to obtain professional, financial, technical, administrative or other advice and services in connection with the operation of the Company’s business. For example, its  external advisors, service providers, social networking sites, subcontractors and suppliers, advertising agencies, research companies and mailing houses in order to fulfil the purposes set out above;

2.2 to provide you with information about services and promotional offers available from the Company or its Company’s affiliated entities;

2.3 to provide you with information about products and services available from third party entities;

2.4 to investigate, prevent or take action regarding any breach or suspected breach by you of the Website terms of use, the Privacy Policy, any law or the rights of any person or to address complaints;

2.5 to research and enhance our services;

2.6 to persons who acquire or expresses an interest in acquiring all or any part of the Company’s business;

2.7 as required or authorised by or under Australian  law or a court or Tribunal order;

2.8 as required by an enforcement body for one or more enforcement related activities as defined under the Act; and

2.9 for any other purpose to which you subsequently consent from time to time.

Direct Marketing

If we collect Personal Information from you or a third party (and you consented to the use and disclosure for this purpose) the Company may use and disclose an individual’s Personal Information (excluding sensitive information)  to provide you with information about:

  • this Website, the website materials and services; and
  • the Company’s services and any promotional material in connection with those services.

We may contact you via email, SMS or other means in order to provide you with updated information about the Website, in relation to events or to provide you with other information or promotions about our products.

Please note when you enquire to receive information about our services you expressly consent to receiving marketing communications for our services.  You may opt out of receiving marketing communications from the Company by following the unsubscribe instructions on email correspondence to you or by contacting us via the details below (or via this Website).

You may also contact us via the details below (or via the Website) to let us know that you do not want to receive marketing communications from the Company (or any of its individual services), request we do not disclose your Personal Information to other organisations for the purpose of direct marketing or provide the source of your Personal Information.

The Act provides exceptions to the use and disclosure requirements such in circumstances where the Company is assisting in locating a missing person, for the establishment , exercise or defence of a legal or equitable claim or for the purpose of a confidential alternative dispute resolution process.

  1. Trans-border data flows

The Company may transfer (and you are deemed to consent to the Company transferring) your Personal Information outside of Australia in the following circumstances:

3.1.1 where the Company has taken reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to your Personal Information;

3.1.2 where the Company reasonably  believes that the person who will receive your Personal Information is subject to effective data protection obligations;

3.1.3 where the transfer is necessary for the performance or conclusion of any contract between you and the Company or for the implementation of pre-contractual measures;

3.1.4 where the transfer is for your benefit and it is impractical for the Company to obtain your consent, but if it were practical you would be likely to consent;

3.1.5 as required or authorised by or under law; and

3.1.6 where you subsequently consent from time to time.

  1. Data quality

We will take reasonable steps to keep any personal information we hold about you secure, relevant, accurate, up to date and complete. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for matters outside our control.

  1. Security

The Company takes reasonable steps to protect the Personal Information that the Company holds  from interference, misuse and loss and from unauthorised access, modification or disclosure. The Company takes reasonable steps to destroy or permanently de-identify any Personal Information that is no longer needed for any purpose.  However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security.

  1. Access to and correction of your Personal Information

If you wish to access, correct or update any personal information we may hold about you, please contact us via the details set out below. We may charge for providing access to this information and we may refuse access where the Act allows us to do so.  We will endeavour to grant access in the manner you request if it is reasonable to do so.
 
We will respond to your request (to access, correct or update your Personal Information) within a reasonable time.  If the Company refuses your request, we will generally provide written reasons for the refusal and the mechanisms to complain about the refusal.
 
We will not charge you for making a request to correct Personal Information, for correcting the Personal Information or for associating the required statement with your Personal Information (as the case may be).

  1. Workshops, Webinars, Special Offers, Product Reviews and Other Public sections

You acknowledge that any information which you choose to make public within our Workshop & Webinar Registrations, Special Offer Registrations, Product reviews and other public sections, including your Personal Information will be publicly available within that area. 

You consent to the collection and use by the Company of any information you publish within our Workshops and Webinars, in accordance with this Privacy Policy and the Website terms of use.

  1. Contacting us

All correspondence to the Company, including any queries you may have regarding your use of this Website, complaints or this Privacy Policy (including an APP), should be sent to the address details below.  We will endeavor to respond to your query or complaint within 21 days of receipt and will work with you to resolve any complaints.
 
Email:   info@bodyforgemall.com

OR

Address:

Customer Service Team
BodyForge Mall
327 Warrigal Rd, Cheltenham, 3192

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