Privacy Policy
The following Privacy Policy governs the online information collection practices of [The Free Spirits Co] trading as Elle Begely (“Company,” “we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using the www.ellebegely.com (the “Site”), and the ways in which we use this information. This Privacy Policy applies primarily to information which we collect online.
We have adopted this Privacy Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:
(a) Providing the products and services that ellebegely.com offers; and
(b) The normal day-to-day operations of our business.
Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. In an effort to comply with changes in technology, and the adoption of new regulations and laws, we may need to change our Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.
This Privacy Policy follows the standards of the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).
By publishing this Privacy Policy we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.
WHO AND WHAT THIS POLICY APPLIES TO
Our Privacy Policy deals with how we handle “personal information” as it is defined in the Privacy Act (Personal Information). We handle Personal Information in our own right and also for and on behalf of our customers and users.
Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies, which we store. The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.
If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified.
Our website and services are unavailable to children (persons under the age of 18 years). If an individual is under 18 years of age, they can only use our website and services under the supervision of a parent or guardian.
THE INFORMATION WE COLLECT
In the course of business it is necessary for us to collect Personal Information. We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging or have purchased one of our products or services. The Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and email address for registration or opt-in purposes and name, email address, and credit card information when purchasing our products or services. All of this information is provided to us by you. Without limitation, the type of information we may collect is:
Personal Information: We may collect personal details such as an individual’s name, location, date of birth, nationality, family details and other information defined as “Personal Information” in the Privacy Act that allows us to identify who the individual is;
Contact Information: We may collect information such as an individual’s email address, telephone & fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;
Financial Information: We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
Statistical Information: We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and
Information an individual sends us: We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site, and web beacons, to access cookies, count users who visit the Site, the date and time of visits, the pages viewed, time spent on our site, websites visited before and after our site, IP addresses, or open HTML-formatted email messages.
We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize feature and, making other offers available to you via email, direct mail or otherwise.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.
HOW INFORMATION IS COLLECTED
The Types of Information We Collect and Store
Users may be asked to provide certain personal information when they sign up for our Products or Services including name, email address, and billing information (such as a credit card number). The personal information collected from Users during the registration or purchasing process (or at any other time) is used primarily to provide a customised experience while using our Products and Services. Your information will never be disclosed, traded, licensed or sold to any third party. However, we may make limited disclosure of personal information under the specific circumstances described below.
Some of the information we may collect about you and store in connection with the provision and fulfilment of our services to you may include:
Name
Email Address
Postal Address
Telephone Number
Date of Birth
Health History
Encrypted Credit Card Information
Traffic source
Any notes or testimonials that you provide
We may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. Information is likely to be collected as follows:
Registrations/Subscriptions/Purchases: When an individual registers, subscribes and or purchases a product, service, list, account, connection or other process whereby they enter Personal Information details in order to receive or access something, including a transaction;
Accounts/Memberships: When an individual submits their details to open an account and/or become a member with us;
Supply: When an individual supplies us with goods or services;
Contact: When an individual contacts us in any way;
Access: When an individual accesses us physically we may require them to provide us with details for us to permit them such access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or
Pixel Tags: Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.
How We Use Your Personal Information
The above personal information may be used for the following purposes:
To operate, improve, or promote our Service
To provide customer service or support
To provide access to products, membership or courses you have purchased
To process payments
To contact you
When you have opted in to receive email messaging
To respond to your email inquiries. Specifically, when Visitors or Members send email inquiries to us, the return email address is used to answer the email inquiry we receive. We do not use the return email address for any other purpose or share it with third parties.
To monitor and analyse trends such as:
Purchase history
Sales reports
Behaviour on the Site
Email clicks and opens
To market our products and services through:
Email marketing
Advertising, including retargeting via Google and Facebook
Notifications
Perform accounting, administrative and legal tasks
As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected. Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.
WHEN PERSONAL INFORMATION IS USED & DISCLOSED
In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
It may be necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business. We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.
Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
The provision of goods and services between an individual and us;
Verifying an individual’s identity;
Communicating with an individual about:
i Their relationship with us;
ii Our goods and services;
iii Our own marketing and promotions to customers and prospects;
iv Competitions, surveys and questionnaires;
Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
As required or permitted by any law (including the Privacy Act).
There are some circumstances in which we must disclose an individual’s information:
Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
As required by any law (including the Privacy Act); and/or
In the unlikely event that we sell some or all of our assets or business (in that we may need to transfer Personal Information to a new owner) Or our websites is acquired by another company, information about our users may be among the transferred assets.
We will not disclose an individual’s Personal Information to any entity outside of Australia that is in a jurisdiction that does not have a similar regime to the Australian Privacy Principles or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.
We may utilise third-party service providers (such as Gmail from Google, Inc., and MailChimp from The Rocket Science Group LLC) to communicate with an individual and to store contact details about an individual. These service providers are located in the United States of America.
When we have no ongoing legitimate business need to process your information, we will either delete or anonymise it.
WHO HAS ACCESS TO YOUR DATA WITHIN OUR ORGANISATION
Within our organisation, access to your data is limited to those persons who require access to provide you with the Products and Services you purchase from us, to contact you, and to respond to your inquiries, including requests for refund. Employees only have access to data on a “need to know” basis.
OPTING “IN” OR “OUT”
An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.
COOKIES AND TRACKING TOOLS
We use cookies to help you make using our website easier, such as:
To remember your country and language preferences
To deliver information that matches your interests
To help us understand our audience and traffic patterns
To let you automatically log into parts of our site that require membership
To manage and present site info displayed on our website that will be specific to you
We also use Web Beacons to collect non-personal data on how you use our site, such as how long did you visit our page, what web browser you’re using, what’s your operating system, and who’s your Internet service provider. In addition, we also use Google Analytics data; this data is collected from thousands of site visits and analysed as a whole. This helps us build a better website to match our visitors’ needs.
THE SAFETY & SECURITY OF PERSONAL INFORMATION
We may appoint a Privacy Officer to oversee the management of this Privacy Policy and compliance with the Australian Privacy Principles and the Privacy Act. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.
We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks. The security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
HOW TO ACCESS AND/OR UPDATE INFORMATION
Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 28 days of receiving their written request. If an individual cannot update his or her own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.
It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect. We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.
As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.
We abide by Facebook’s Data Use Restrictions.
Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetisation related service.
DATA SECURITY AND DATA PRIVACY REGULATION
We implement a variety of administrative, managerial, and technical security measures to help protect your personal information. Our Company has various internal control standards which relate specifically to the handling of personal information. These include certain controls to help safeguard the information we collect online. While we strive to protect your personal information, you must also take steps to protect your information. We urge you to take every precaution to protect your personal information while you are on the Internet.
Additionally, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. If we do discover a security breach affecting data or any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
GENERAL DATA PROTECTION REGULATION (GDPR)
The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.
As a company that markets its site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.
If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.”
COMPLAINTS AND DISPUTES
If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below. If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
CONTACTING INDIVIDUALS
From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
CONTACTING US
All correspondence with regards to privacy should be addressed to:
The Privacy Officer / privacy@ellebegely.com
ADDITIONS TO THIS POLICY
If we decide to change this Privacy Policy, we will post the changes on our webpage at www.ellebegely.com. Please refer back to this Privacy Policy to review any amendments.
We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles, and nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles.