Privacy Policy
1 Background
In this policy, the words “we”, “our” and “us” refers to Jordana Borensztajn (and includes her agents and affiliates) (“Course Educator”).
The Course Educator recognises the importance of your privacy. This privacy policy (“Privacy Policy”) sets out how the Course Educator intends to collect, store, use, disclose, protect and otherwise handle your personal information.
We work within and uphold the applicable privacy laws and principles, including the Australian Privacy Principles. You can find further details about the Australian Privacy Principles on the website of the Office of the Australian Information Commissioner.
2 Definitions
Unless expressly provided otherwise, terms used in this Privacy Policy have the meaning given in our Terms and:
“Act” means the Privacy Act 1988 (Cth).
“Courses” means the courses made available to you or the public from time to time via the following link: https://communicatewithconfidence.thinkific.com/courses/
“Site” means the website and related links at https://communicatewithconfidence.thinkific.com/courses/
“Social Media” means Course Educator’s pages and accounts on third-party social media platforms such as Instagram and Facebook.
“Terms” means the terms and conditions of the Course (as amended from time to time), the current version of which can be accessed at the following link: https://communicatewithconfidence.thinkific.com
3 What is personal information?
In this Privacy Policy, the term “personal information” has the meaning given in the Act and under that Act includes information about an identifiable and living individual, including names, addresses, telephone numbers, email addresses, photographs, dates of birth, credit and banking details and if and where applicable, includes information that constitutes “sensitive information”.
4 Collection and Storage of Personal Information and Data
4.1 Why does the Course Educator collect Personal Information?
The Course Educator may collect Personal Information in connection with providing, administering, improving and personalising the Course and associated services, marketing and to support business functions.
4.2 Types of Personal Information
We may collect personal information about individuals. This information could include:
(a) names;
(b) gender;
(c) contact details (including email address, telephone number(s), home addresses and other contact details);
(d) date of birth;
(e) usernames and passwords;
(f) browsing behaviours;
(g) mailing and delivery addresses; and
(h) sensitive information that you choose to submit to us.
Subject to clause 4.3, you consent to our collection, storage, use, disclosure, protection and handling of your personal information on the terms and conditions of this Privacy Policy.
4.3 How does the Course Educator collect your personal information?
The Course Educator will collect personal information only by lawful and fair means and not in an unreasonably intrusive manner. When you provide the Course Educator with personal information you consent to the collection, storage, use, disclosure and handling of your personal information in accordance with this Privacy Policy.
If it is reasonable and practicable to do so, the Course Educator may collect personal information directly from you.
Depending on how you choose to interact with the Course Educator, the Course Educator may collect your personal information when you contact, or are contacted by, the Course Educator or service providers by telephone, by email, through the Site, or when you complete a form or document and provide it to the Course Educator. More specifically, we may collect personal information in circumstances such as when:
(a) You register for a user profile on the Site;
(b) You use any of our related services, such as subscribing to our newsletter or product notifications;
(c) You browse our products and services or otherwise interact with our Site;
(d) You interact with the Course Educator, for example, via emails, telephone calls, or virtual or face-to-face meetings;
(e) You accept our cookies and other tracking technologies on your device;
(f) You interact with us on our Social Media, such as liking our posts, commenting on our posts or private messaging us on our Social Media;
(g) Your authorised representative submits your personal information to us for any purpose reasonably authorised by you;
(h) Our third-party analytics and other service providers, business or commercial partners provide your personal information to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
(i) You voluntarily submit your personal information to us for any reason.
We do not directly collect your credit card details to process your payment or for customer services purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are permanently stored with us.
The Course Educator may also collect information based on how you use its Site, including through ‘cookies’, web beacons and other similar technologies.
‘Cookies’ are small text files that are transferred to your computer’s hard drive through your web browser to enable the Site to recognise your browser and record non-personal information such as the date, time or duration of your visit and the pages accessed, for website administration, statistical and maintenance purposes (“Cookie Information”).
We may use cookies to collect data (typically not personal information) relating to your general internet usage.
We use cookies to help us to improve our site and to deliver a better and more tailored service, for instance by storing information about your preferences and allowing us to recognise you when you return to the Site.
You may refuse to accept cookies by activating settings on your internet browser. However, please note that if you select such settings you may be unable to access certain parts of the Site.
No attempt is made by the Course Educator to use Cookie Information to personally identify you. However, if Cookie Information is linked with personal information as set out above, this Cookie Information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.
You can remove or reject cookies by adjusting the settings on your web browser. Please note that some parts of the Site may not function fully for users that disable cookies.
5 Use of Personal Information
The Course Educator may hold, use or disclose your personal information for the purposes of marketing, but only where such use complies with the Act and the Australian Privacy Principles.
The Course Educator may also hold, use or disclose your personal information collected for the purpose it was provided or collected, including in the following ways:
(a) to provide, maintain, protect and improve our technology, products and services, and monitor their effectiveness;
(b) for use for the purposes of collection described in clause 4 above;
(c) to register and maintain your user profile and to verify your identify;
(d) to deliver the Course or perform any follow up services you purchased;
(e) to process your returns or refunds in accordance with our Terms;
(f) to provide you with supporting services and functions related to your user profile;
(g) to display it when you have posted it to the Site;
(h) to respond to enquiries received from you;
(i) to communicate with you and provide you with information (whether by email, post or other means) about the Courses or services, where you have requested or consented to receiving this from us or where this provision is otherwise permitted under the Australian Privacy Principles;
(j) to notify you about changes to the Courses or services provided by the Course Educator;
(k) to ensure that content from our Site is presented in the most effective manner for you and for your computer/device;
(l) to allow you to participate in interactive features of our Site, when you choose to do so;
(m) to receive and address feedback or complaints from you;
(n) to protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary); and
(o) in other circumstances, with your prior consent.
All members and others with whom we interact have the option to opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking on the “unsubscribe” link in any email communications that we might send you. Unless and until you opt out, your consent to receive direct marketing communications from the Course Educator and to the handling of your personal information for this purpose will continue.
6 Third parties
The Course Educator does not control, and does not accept any responsibility or liability for, the privacy policy of, and use of personal information by, any party other than the Course Educator including any user of the Site and the operators of any site to which the Site links. The Course Educator does not share your personal information with those sites.
7 Disclosure of Personal Information
We may provide personal information to third parties for limited purposes.
Those persons and business may include, but are not limited to:
(a) organisations who carry out credit, fraud and other security checks;
(b) third party software providers who store details of customer accounts for us or who provide other IT services; and
(c) marketing businesses engaged by us to disseminate materials to which recipients have consented.
We may also disclose your personal information to third parties:
(a) where we have your express permission to do so;
(b) where it can reasonably be inferred from the circumstances that you consent to the disclosure to such third parties;
(c) if the Course Educator sells, assigns or otherwise transfers part or the whole of its business, in which case your personal information, which was collected by the Course Educator through your use of the service, may be among the items transferred or sold to the extent that it is relevant to the Course Educator’s business; and
(d) if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions or to protect the rights, property, or safety of the Course Educator. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of the Course and services to you. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that we gave it to them.
8 Security of personal information
We will take reasonable steps to ensure that any personal information that we hold about you is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.
Individuals should be aware that there are inherent risks associated with the transmission of data over the internet and other mediums. Accordingly, the Course Educator cannot guarantee any transmission will be completely secure.
9 Warranties and Representation
This Privacy Policy does not constitute a contractual representation, promise, guarantee or warranty by the Course Educator to you as to the manner in which the Course Educator will or may collect, store, use, disclose, protect or otherwise handle your personal information. Some matters are beyond the control of the Course Educator, such as third party malicious or criminal attacks.
10 Access to/correction or updating of your personal information
You have a right to request access to the personal information we hold about you. You may also ask the Course Educator to correct information about you that you may believe is inaccurate, incomplete or out of date. To obtain a copy of the personal information we hold about you, please write to us at:
Jordana Borensztajn
Please provide sufficient detail about the information in question to help us locate it.
In certain circumstances, the Course Educator may refuse, or be unable, to correct or provide you with access to your personal information. In these circumstances, the Course Educator will write to you to explain the reasons why this is the case.
11 Concerns about privacy
If you have any concerns regarding the privacy of your personal information, or a possible breach of the Act or the Australian Privacy Principles, please write to us at:
Jordana Borensztajn
In the email please specify the following information:
(a) your name;
(b) your address;
(c) your phone number;
(d) your email address; and
(e) a description of your concern.
We will then use commercially reasonable efforts to promptly determine if there is a problem and take the necessary corrective action within a reasonable time.
If a complaint remains unresolved, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au to have the complaint heard and determined.
12 Severability
Any provision of this Privacy Policy which is void or unenforceable may be severed from this Privacy Policy without affecting the enforceability of other provisions.
13 Waiver
Any failure or delay by us to enforce or exercise a power or right or provisions of this Privacy Policy will not constitute a waiver of those rights or provisions, and the exercise of a power of right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.
14 Amendment
We reserve the right at our sole discretion to revise this Privacy Policy at any time. You should visit the Site periodically to review this Privacy Policy. Amendments will be effective immediately upon posting on the Site. Your continued use of the Site following such notification will represent an agreement by you to be bound by this Privacy Policy as amended.
15 Governing Law
This Privacy Policy is governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to this Privacy Policy or any other matter concerning the operation of the Site.
16 Effective Date
This Privacy Policy is effective on and from 17 October 2020.