PRIVACY POLICY
1. OVERVIEW
Esther Colmenares owns and operates the following Australian-based business:
Esther Colmenares
Esther Colmenares is committed to protecting the privacy of its customers’ personal information in accordance with the Privacy Act 1988 and the Australian Privacy Principles. This Privacy Policy sets out the standard of protection you can expect.
Our Privacy Policy explains how we handle your personal information (including any sensitive information, such as health information). In particular it details how we collect, use, disclose, store and enable you to access your personal information.
2. CONSENT
Our Privacy Policy applies to your personal information regardless of the way in which we collect it, for example, whether it is collected via our website, when you visit our studio at 157 Abbotsford Road in Bowen Hills or train online, when you contact one of our Team Members via telephone or visit one of our social media sites. By submitting information to us and/or accessing and using our website or social media platforms you consent to us using and disclosing your personal information in the ways described in this Privacy Policy.
3. YOUR PERSONAL INFORMATION
Personal information includes any information or opinion about an identified individual, or an individual who is reasonably identifiable regardless of whether the information is true or not. Esther Colmenares only collects personal information (and sensitive health information) which is necessary for, or related to, one or more of its functions or activities. The types of personal information we collect from you will depend upon the type of interaction that you have with us. Broadly speaking, the types of personal information that we collect may include:
• your name, address, email address and telephone details
• age and date of birth
• credit card, bank account details
• health information – if you intend to visit our physical or online studio or engage our services where your health status may be a consideration
• whether you are a member of one of our commercial partners with whom we organise discounts or other promotional arrangements for members and customers
• your image, if you are photographed at our studio or at one of our social events and
• if you apply for work with us, details about your education, employment history, membership of professional associations, referees and next of kin
• where we collect sensitive information from you (such as health information or details of memberships of professional associations) we will only do so with your consent.
4. HOW WE COLLECT YOUR PERSONAL INFORMATION
We may collect personal information from you in a number of ways, including:
• when you send us an e-mail, “contact us” message or make any other form of written inquiry
• via mobile sites, applications, widgets and other mobile interactive features (collectively “Apps”), for example, when you use our booking system.
• via our official social media pages that we control, such as the official pages on Facebook, YoutTube, and Instagram.
• when you visit our physical or online studio or call us to ask about our services
• when you sign up to use our services, whether online or in person
• when you make a booking at our physical or online studio
• when you enter a promotion, competition, provide feedback or participate in a survey, market research or other promotional activities which we (or one of our agents) conduct
• when you sign up to receive our newsletters or marketing material
• if your photograph is taken at our studio and
• when you submit an application for employment with us
We may also collect personal information from third parties, for example:
• your friends via a refer a friend promotion
• our commercial partners with whom we organise discounts or other promotional arrangements for members and customers
• someone duly authorised to act on your behalf
• debit and payment service providers who process transactions on behalf of our business
• market research organisations we engage to conduct market research
• our official pages on social media platforms and from people with whom you are friends or otherwise connected on social media platforms and
• recruiters we have retained and from referees you have provided in support of a job application
5. ACCESS BY CHILDREN
As we cannot distinguish the age of people accessing our websites, our Privacy Policy applies to all individuals. If a person under sixteen years of age has provided us with personal information without parental or guardian consent, those details may be removed by emailing us at esther.colmenares87@gmail.com or hello@esthercolmenares.com
6. HOW WE USE YOUR PERSONAL INFORMATION
Your personal information may be used by us in a number of ways, including:
• for the purpose requested
• to respond to your query or feedback
• to process your application for use of our services or purchase one of our products or services
• to process your order
• to promote and market all current and future Esther Colmenares businesses, venues, products and services and to inform you about the products and services of our commercial partners
• to process and consider your application for employment
• to assist with our internal business processes
• for market research purposes and to improve our product and service offering
• to administer contests, promotions and surveys
• for any other purposes that you would reasonably expect and
• to enable us to comply with our obligations under the law
7. WHEN WE DISCLOSE YOUR PERSONAL INFORMATION
We may disclose your personal information in a variety of circumstances including to:
• related entities of Esther Colmenares
• contractors, agents and suppliers we engage to provide products and/or perform services for us, for example customer feedback analysts, digital marketing agencies, online shopping cart service providers, photo processing companies, payment processors and personal trainers
• commercial partners with whom we have agreed information sharing arrangements
• our professional advisors, such as lawyers and accountants
• law enforcement bodies
• a purchaser of all or part of Esther Colmenares. business and
• any other person for any other purposes that would be reasonably expected (including if required by law)
When third parties perform services on our behalf, we take reasonable steps to ensure the third party will protect your personal information in accordance with Australian privacy laws and in a manner consistent with this Privacy Policy. Third parties are required to restrict their use of the personal information to the purpose for which it was provided.
We do not sell your name or other personal information to third parties.
8. ANONYMITY AND PSEUDONYMS
From time to time, you may be able to visit our website and deal with us anonymously or by pseudonym.
However, we require certain personal information to be able to provide you with the services, products or information you seek. If you do not provide us with certain required information, we may not be able to provide you with access to those services or products or respond to your request or communication.
For example, we may not be able to respond to your enquiry, assess your application, enter you in a promotion, or send you requested information.
9. UPDATING PERSONAL INFORMATION
We take reasonable steps to ensure that the personal information we collect and use is accurate, complete and up-to- date. However, the accuracy of the information we hold depends to a large extent on the information you provide.
You can update (or request us to update) your personal information at any time. We ask you to keep your information as current as possible so that we may continue to provide you with useful information. To update your details, please email us at esther.colmenares87@gmail.com
Alternatively, if you have an online account with us, you may update your details via your online account. If you would like to unsubscribe or “opt out” from receiving any direct marketing material from Esther Colmenares, that option will be available in the relevant communication sent to you. We will respond to your unsubscribe request within a reasonable period after your request is made.
10. HOW YOU CAN ACCESS, UPDATE OR REMOVE YOUR PERSONAL INFORMATION
You have a right to request access to your personal information held by us. You are also able to update your details or request us to remove your details should you wish to “opt out” in the future. Should you wish to access, update or remove your details, please email us at esther.colmenares87@gmail.com
Alternatively, if you have an online account with us, you may be able to access the personal information we hold about you via your online account.
If there is a lawful reason for not providing you with access, we will provide you with a written explanation and will inform you of the mechanism to complain about our refusal at that time. Please note that we will respond to your requests as soon as reasonably practicable and we may charge a reasonable fee for doing so.
11. SECURITY MEASURES TO PROTECT YOUR PERSONAL INFORMATION
Esther Colmenares takes reasonable steps to maintain the security of your personal information and to prevent the misuse, interference, loss, modification and unauthorised access to or disclosure of your personal information.
We have implemented a variety of electronic and physical security measures to safeguard the privacy of your personal information. These measures include:
• your information is stored on secured networks consistent with industry standards, and is only accessible by those employees and agents who have special access rights to such systems
• our website uses a secure server so that credit card details provided when purchasing tickets or paying for memberships, for example, are transmitted via Secure Socket Layer (SSL) technology
• industry-standard encryption technologies are used when transferring or receiving sensitive information supplied by users
• where your information is in hard copy form, such documents are stored in secured areas only accessible by those employees and agents with special access rights
We also ensure where possible that our contractors, agents, commercial partners and third-party service providers have the same information security measures in place.
While we strive to protect your personal information, we cannot guarantee or warrant its complete security.
No data transmission over the Internet can be guaranteed to be 100% secure. If you have an online account with us, your account will be able to be accessed by anyone who knows your login details. You should keep you login details, and any other information you use to remember these details, private and secure.
We will not be responsible for any loss or harm that you may suffer as a result of a leak of your personal information unless we have breached this Privacy Policy or the Australian privacy laws.
12. COOKIES
Websites use cookies for identification purposes and to allow certain functions on the websites to work such as the online shopping process. A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies we pass to your electronic device are anonymous and do not hold information about you and are not capable of revealing your personal identity. However, if you nevertheless prefer not to receive cookies, you can configure your Internet browser on your electronic device to reject them, or to notify you if they are being used.
Rejecting cookies can, however, limit the functionality of our websites and the online shopping process.
13. GOOGLE ANALYTICS
All of our websites use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help the website analyse how users use the website. The information generated by the cookie about your use of one of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States of America. Google will use this information for the purpose of evaluating your use of our websites, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using our website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. You can view Google’s privacy policy by visiting their website at www.google.com
14. LINKED SITES
Our website may contain links to other Internet websites. These links are provided solely for your convenience. If you submit personal information to or via any linked site, the privacy policy applying to that information will be outside our control. You should therefore check the privacy policy of the linked site before submitting information to or via that site.
15. CHANGES TO OUR PRIVACY POLICY
From time to time we may need to change this Privacy Policy to reflect our changing business practices and/or changes in the law. We may therefore change this Privacy Policy at any time by posting the amended Privacy Policy on our websites or other social media platforms. All personal information collected and held by us will be governed by our most recent Privacy Policy as posted on our websites or other social media platforms.
16. PRIVACY COMPLAINT OR CONCERN
If you have a complaint or concern about the way in which your privacy has been handled by Esther Colmenares, please email us at esther.colmenares87@gmail.com
We will respond by email within 5 working days confirming receipt of your complaint or concern. We will then proactively investigate your complaint or concern and provide you with our response within a reasonable timeframe. If, after receiving our response, you still consider that your privacy complaint or concern has not been resolved, you may then take your complaint to the Office of the Australian Information Commissioner (www.oaic.gov.au).
17. RIGHTS & OWNERSHIP
The Software contains Content owned or licensed by The Gold Medal Co. Esther Colmenares Content is protected by copyright, trade secret and other laws, and, as between you and Esther Colmenares, Esther Colmenares owns and retains all rights in the Content and the Software. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Esther Colmenares Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Esther Colmenares Content.
The Esther Colmenares name and logo are trademarks owned by the Seller and may not be copied, imitated or used, in whole or in part, without the prior written permission of Esther Colmenares. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Esther Colmenares, and may not be copied, imitated or used, in whole or in part, without prior written permission from Esther Colmenares.
18. RETURNS TERMS
This Refund and Returns Policy applies for all products purchased through the Esther Colmenares checkout and from Esther Colmenares directly.
You acknowledge that Esther Colmenares provides a platform for users to purchase Products from a Seller, and that a sales contract is formed between you and Esther Colmenares.
You will be sent confirmation of the sales contract between Esther Colmenares and yourself via email promptly after the conclusion of the contract.
19. RETURN POLICY:
You acknowledge that the Seller is not obliged to provide a refund on any Products or services (which includes all guides, and training programs) purchased on this website or directly to Esther Colmenares.
Once a download of a digital product has started, you do not have a right to cancel the purchase and to request a refund as per Australian Government rules.
Refunds for digital products shall only be given in the following limited circumstances:
If there was a technical issue and the content was never received by the buyer.
If the transaction was not a genuine transaction (e.g. card fraud etc)
If there was a duplicate order or payment due to a technical fault. Genuine multiple orders by the same person are not eligible for a refund.
20. ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and Esther Colmenares under which you may access the Service. This acceptable use policy applies to all users of, and visitors to, the Service.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of our Terms and Conditions.
21. PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our General Terms of Use.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Not to abuse our staff through emails and social media. Any form of abuse will result in your account being blocked.
We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).