Privacy policy.
GENERAL
At The Kaizen Way and associated companies, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. The Kaizen Way respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles pursuant to the Privacy Act 1988 (Cth) and the General Data Protection Regulation (EU) 2016/679.
The Kaizen Way, “we”, “our” and “us” refers to Peak Lifestyle Pty Ltd ATF The Peak Performance Trust trading as The Kaizen Way. We offer a wide range of [services and products to assist people to improve their life] We refer to these products, together with our other services and website as “Services” in this policy.
Please read our Privacy Policy below carefully.
You may change your details at any time by advising us in writing via email.
HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION
Collection of your personal information
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process our services for your needs and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with The Kaizen Way customer support or queries.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).
Use of personal information
We use your personal information in a number of ways including:
– To provide our Services and personalise your experience. We use information about you to provide the Services to you, including to process transactions with you and provide customer support;
– For research and development – we may use your personal information to assist us in making our Services smarter, faster, secure, integrated and useful to you. We use collective learning about how people use our Services, as well as feedback provided directly to us, in order to troubleshoot and identify trends, usage, activity patterns and areas for integration and improvement of our services;
– To communicate with you about the Services;
– Customer support – we may use your information to resolve any issues you may encounter, to respond to your requests for assistance and to improve the Services;
– For safety and security – we may use information about you and your Service to verify accounts, activity, to monitor suspicious or fraudulent activity and to identify violations of Service Policies; and
– To protect our legitimate business interests and legal rights – where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory and audit functions, and disclosures in connection with the acquisition, merger or sale of business.
Direct Marketing
We may use personal information collected from you for the purpose of providing you with direct marketing material and information. This will only apply if you have registered or subscribed to such publications by your registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or mail and your request will be actioned as soon as possible.
Third Party Service providers
We use Google and/or other third-party service providers to serve ads on our behalf across the Internet and sometimes on our websites. They may collect anonymous information about your visits to our website (not including your name, address, email address or telephone number), and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest to you.
Legal Bases for processing (for EEA users)
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:
– We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services.
– It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests.
– You give us consent to do so for a specific purpose.
– We need to process your data to comply with a legal obligation.
If you have agreed to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party have a legitimate interest to do so, you have the right to object to that use, but in some cases this may mean that you are no long able to use the Services.
STORAGE AND SECURITY
How we store and secure information that we collect
All information The Kaizen Way receives from its customers is protected by our secure server. The Kaizen Way secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data that The Kaizen Way collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyse personal characteristics about you.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.'
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Call Recording
Telephone and Video Calls made in relation to promoting or delivering our Services may be recorded.
This privacy notice explains how we use recordings of video calls and phone calls.
When a call is recorded, we collect:
a digital recording of the telephone or video conversation
the telephone number of both parties (internal and external)
Personal data revealed during a telephone call will be digitally recorded, for example name and contact details to deliver appropriate services. Occasionally 'special category' personal information may be recorded where a client voluntarily discloses health, religious, ethnicity or criminal information to support their request for advice and/or services.
Telephone and Video call recording will be turned off when a client provides credit or debit card details, in accordance with Payment Card Industry Data Security Standards (PCS DSS).
The primary purpose for recording voice and video calls is so that we may provide clients with coaching materials to refer to as a learning aid.
Call recordings may also be used to:
to assist in the quality monitoring of staff performance
to assist with staff training
to investigate and resolve complaints
for the detection, investigation and prevention of crime (including fraud)
to take actions to protect staff from abusive callers
to ensure we are able to monitor and adhere to quality standards
All call recordings are held securely on a password-protected cloud-based platform, and certain recordings will be shared with clients for coaching purposes via private links.
We may be asked to share a call recording with our Corporate Complaints Officer in order for them to respond to a complaint.
We may be required or permitted, under Data Protection legislation, to disclose a call recording including your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:
Law enforcement
Fraud investigations
Regulation and licensing
Criminal prosecutions
Court proceedings
Our legal basis for collecting and sharing personal data
Recording of calls is necessary to protect the interests of you, our clients and our staff.
Recordings are kept securely and confidentially. If you request that a call recording and/or your personal data be deleted, we will delete all data, including call recordings, provided that:
the deletion of such information does not violate state or federal laws;
the data is no longer necessary for the purpose for which the information was originally collected; or
the data is not required for the establishment, exercise, or defense of legal claims, for archiving purposes in the public interest, or to exercise the right of freedom of expression and information.
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice or by another service Privacy Notice, then we'll provide you with a new notice. The new notice will explain this new use before we start the processing and set out the relevant purposes and processing conditions. Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.
DISCLOSURE OF YOUR INFORMATION
Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect The Kaizen Way copyright, trademarks and other legal rights.
We share information we collect about you in the ways discussed below. In order to use our services we may in some instances pass all or some of your personal information on to our suppliers. We will not sell or rent any personally identifiable information about you to any third party.
Sharing with third parties – We may share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.
Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
The Kaizen Way Partners: We work with third parties who help us improve the Services we provide to you. This help could be consulting, sales and / or technical assistance, to deliver improvements for you. We may share your information with these third parties in connection with the help they are giving to us, such as to assist with marketing and promotions. We may also share information with these third parties where you have agreed to that sharing.
Links to Third Party Sites: The Services may include links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that The Kaizen Way is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by our website.
Your consent: We share information about you with third parties when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Online Republic, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person. For more information on how we respond to government requests, see our Guidelines for Law Enforcement and our Transparency Report.
We will use reasonable means to protect the privacy of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this Privacy Policy.
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
Finally, if there is a change of control in one of our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. And finally we would only disclose your information in good faith and where required by any of the above circumstances.
HOW WE TRANSFER INFORMATION WE COLLECT INTERNATIONALLY
We collect information globally and primarily store that information in the Australia. For the purpose of providing the Services to you, we may transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate. Whenever we transfer your information, we take steps to protect it.
International transfers within The Kaizen Way:
For the purposes described in this policy, in order to facilitate our global operations, we may transfer information to Australia and allow access to that information from countries in which we have operations. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based.
HOW TO ACCESS AND CONTROL YOUR INFORMATION
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.
In certain circumstances, you have the right to
– request a copy of your information;
– to update or amend your information where it is incorrect or incomplete;
– to object to our use of your information (including for marketing purposes);
– to request the deletion or restriction of your information; or
– to request your information in a structured, electronic format (data portability).
We note that your request and choices may be limited in certain cases. For example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted by law or have compelling legitimate interests to keep. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
You may contact us, on the details provided below if you wish to exercise any of your abovementioned rights.
Data portability:
Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information.
CHANGE IN PRIVACY POLICY
As we plan to ensure our Privacy Policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our Privacy Policy.
If you have any questions about the Privacy Notice please contact us.
We will keep the call Recording Privacy Notice under review with an annual review.
LINKS TO OTHER SITES
Our Site may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
The Kaizen Way. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.
MISCELLANEOUS
Contacting us
If you wish to notify us of your new contact details, update your personal information, opt out of direct marketing, make a complaint about a breach of privacy or have any questions in relation to the accuracy of your information or privacy, please contact our Information and Privacy Officer by:
For individuals in Australia
Telephone: 0414466651
E-mail: info@bradcassidy.com.au
Mail: The Kaizen Way and Privacy Officer, PO Box 496 Burleigh Heads QLD 4220
Main Contact Website: https://bradcassidy.com.au
For individuals in the EEA
Telephone: +61 4 144 66 651
E-mail: info@bradcassidy.com.au
Mail: The Kaizen Way and Privacy Officer, PO Box 496 Burleigh Heads QLD 4220 Australia
Main Contact Website: https://bradcassidy.com.au
Making a complaint
If you believe that we have interfered with your privacy in our handling of your personal information, you may lodge a complaint. We will attempt to resolve your complaint in accordance with our internal complaints resolution process.