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YBELL GROUP PRIVACY POLICY

Updated 25 May 2018

For the purposes of this Privacy Policy, YBell Group, We, Our or Us refers to Y Bell Group Pty Ltd ACN 611 976 080.  The user of the YBell Group website is You or Your.

Your privacy is important to YBell Group. This Privacy Policy provides information about the personal information that YBell Group collects, and the ways in which YBell Group uses that personal information.  This Policy explains how We collect, use and manage Your personal information in accordance with the Australian Privacy Principles (“APP”) and the Privacy Act 1988 (Cth) (collectively the “Privacy Act”).  If You are in the European Union (“EU”), please see Section 11 below for EU Residents.

1. ABOUT THIS PRIVACY POLICY.

This Policy explains the following:

  • the kinds of personal information that YBell Group collects and holds about You;
  • how YBell Group collects Your personal information;
  • how YBell Group holds Your personal information;
  • the purposes for collecting, holding, using and disclosing Your personal information;
  • how You may access Your personal information held by YBell Group and seek corrections to that information;
  • how You make a complaint about the way YBell Group collects, holds, uses or discloses personal information, and how YBell Group will deal with privacy-related complaints; and
  • whether YBell Group will or is likely to disclose Your personal information to overseas recipients and the countries where such recipients may be located.

2. WHAT WE COLLECT.

YBell Group will collect and hold information on the individuals that We interact with that is reasonably necessary for the activities and functions of Our business.  YBell Group will collect and hold the name and contact details of the individuals that We deal with, including individuals who are customers, prospective customers, prospective employees, suppliers, distributors, service providers, partners and contractors.  

To satisfy Our obligations under the laws under which We operate, We may need to retain Your information after a particular transaction has ended.  YBell Group will only hold Your personal information that identifies You for as long as reasonably necessary and permitted under Australian law.

Sensitive information is personal information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, genetic information or health information.  YBell Group will not collect, use or disclose sensitive information about You unless We need the information for one of Our functions or activities and We have Your consent (or We are legally required to do so).

YBell Group allows You to interact with the https://www.ybellfitness.com website anonymously and use a pseudonym if the inquiry is general in nature.  If You wish to interact with YBell Group in relation to business that You are doing with us, then We will need to identify You before We engage with You.  If You wish to obtain information from Us about Our fitness products, programming or services, then through Our website YBell Group will ask for Your name, email address, telephone number and company name and if You call Our offices or email us, We will ask for similar information.  If You want to download white papers and business studies from the YBell Group website, We will ask for Your name, email address and company name.

3. HOW YBELL GROUP COLLECTS YOUR PERSONAL INFORMATION.

YBell Group will collect personal information directly from You in person or by telephone, email, the Internet, fax or when You complete an inquiry or contact form on Our website.

In some situations, We may collect Your personal information from one of Our related companies or from a third party.  We will only do this where it is impracticable or unreasonable for Us to collect it directly from You.  Like most businesses, We may collect personal information about You from recruitment consultants, suppliers, distributors, resellers, service providers, partners, someone that You have authorised to act on Your behalf or from one of Our related or associated companies or businesses in Australia or overseas.

4. HOW WE HOLD YOUR PERSONAL INFORMATION.

YBell Group protects Your personal information from unauthorised access, modification, misuse, interference and loss.  YBell Group does this by:

  • securing all personal information;
  • limiting access to those people in Our company that need access; and
  • using firewalls and other Internet security measures (such as identification codes and passwords) to control access to Our computer systems.

5. WHY WE COLLECT, HOLD, USE AND DISCLOSE.

YBell Group collects, holds, uses and discloses Your personal information so that We can perform Our functions and activities and manage and administer Our business, which involves offering fitness products, programming and services to Our customers, who may be businesses or individuals.  If YBell Group did not collect Your personal information, then YBell Group may not be able to deal with You and provide You with Our products, solutions and services.

If You are a customer or employee of a customer, then YBell Group holds Your personal information in order to communicate with You and notify You of information about the products or services that You have obtained from us.  YBell Group also holds Your personal information in order to identify You when You communicate with us.  You may also be a contractor, prospective employee, supplier, distributor, reseller, service provider, partner or a party with whom We do or have done business, or may do business with in the future and YBell Group holds Your personal information for communication and identification purposes.

YBell Group will seek Your consent if We need to use Your personal information for a purpose that is not related to the purpose for which We originally collected Your information.

Direct Marketing.  As part of Our service to You, YBell Group may use Your personal information that We have collected to inform You about a product, solution or service that may be of benefit to You.  We may send You marketing materials about products, solutions or services that may be of interest or send You notifications in relation to the products and services that You are currently using.

If You do not want Your personal information to be used for direct marketing purposes, please use the “Contact Us” form on Our website and “opt out” of receiving Our direct marketing.  Once You notify Us that You want to opt out, YBell Group will remove You from Our mailing lists.  If You receive direct marketing material from YBell Group by email, You may opt out by pressing the “Unsubscribe” button imbedded in the email.YBell GroupYBell Group

6. HOW YOU GAIN ACCESS TO YOUR PERSONAL INFORMATION.

You are entitled to find out what personal information We hold about You.  The simplest way is to telephone one of Our offices and ask to speak to one of Our sales or customer service representatives.  If Your request is complex, then We may ask that You make the request in writing.  You can make the request by email to privacy@ybellfitness.com or using the “Contact Us” form on Our website, which is available from this link — https://www.ybellfitness.com/contact.

If You believe that the information that We hold about You is inaccurate, incomplete or out-of-date, then please let Us know so that We can promptly correct it.  You can ask Us to correct Your personal information by email to privacy@ybellfitness.com or using the “Contact Us” form on Our website, which is available from this link —  https://www.ybellfitness.com/contact.

In certain situations, YBell Group may not agree to a request to correct information it holds about You.  If this occurs, We will advise You of this and Our reason for not agreeing to the correction request.

7. RESOLVING YOUR CONCERNS.

You may make a complaint about Our handling of personal information if You believe that Your privacy has been compromised or that We have breached the Privacy Act.  If You have a privacy complaint, please contact the person You have been dealing with by telephone or email.  Alternatively, You can make a complaint by email to privacy@ybellfitness.com or using the “Contact Us” form on the YBell Group website, which is available from this link — https://www.ybellfitness.com/contact.

If the complaint remains unresolved, You may refer the matter to the Office of the Australian Information Commissioner (the “OAIC”).  The contact details for the OAIC are:

The Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
Australia
Phone: 1300 363 992
Fax: 02 9284 9666
Website: www.oaic.gov.au

8. WHETHER WE HOLD INFORMATION OVERSEAS AND WHERE.

To offer You the best possible services, YBell Group will from time to time share Your personal information with Our related companies, some of whom may be located overseas.  YBell Group may also disclose personal information to organisations located overseas who are Our service providers.

9. USE OF OUR WEBSITE.

YBell Group may collect non-personal information from You when You use Our website such as Your browser type, operating system and web pages visited in order to help Us manage and optimise Our website.  YBell Group may use “cookies” and other Internet technologies to manage Our website.  A “cookie” is a packet of information that allows Our website server to identify and interact more effectively with Your computer.  When You access Our website, We may send You a temporary or “session cookie” that gives You a unique identification number. A different identification number is sent each time You use Our website. Shortly after You complete Your interaction with Our website, the cookie expires or “crumbles”.  This means it no longer exists on Your computer and therefore cannot be used for further identification or access to Your computer.

Our website may also contain links to websites of third parties.  We provide these links for convenience only and You should be aware that the privacy policies and information handling practices of these other websites may differ from ours.  As a result, We cannot guarantee the privacy practices of other websites to which We provide a link.

10. UPDATING THIS PRIVACY POLICY.

YBell Group may update this Privacy Policy by posting a new version on this website. You should check this page occasionally to ensure You are familiar with any changes.

11. INFORMATION FOR EU RESIDENTS.

The data controller is Y Bell Group Pty Ltd ACN 132 380 780, 6 Bellevue Avenue, Avalon, New South Wales 2107.

Our representative in the EU is: _____________________________________________. Privacy-related questions can be directed to privacy@ybellfitness.com.

You are not legally required to provide YBell Group with the personal information described in this Privacy Policy.  Further, the contractual relationship that You might have entered into with YBell Group by purchasing Our fitness products, programming or services does not imply any obligation to provide Your personal information. However, You might not be able to use Our fitness products, programming or services to the full extent if You do not provide Us with certain personal information or object to the use of this personal information.

Our Legal Basis for Processing.  When processing Your personal information, YBell Group relies on the General Data Protection Regulation (“GDPR”), an EU-wide legal framework for the standardisation of data protection. YBell Group primarily processes data as a controller, for the purposes explained in Sections 2, 3, 4 and 5 above of this Privacy Policy.  These purposes represent Our legitimate interests for the purposes of Article 6 (1) f) GDPR.  At the same time, some of the personal information YBell Group processes is necessary for Us to perform a contract with You or in order to take steps at Your request prior to entering into a contract with You. For example, if You express Your interest in purchasing Our fitness products, programming or services and use the Contact Form on Our website, YBell Group will process the personal information submitted to comply with Your request. This may include sharing Your personal information with a subsidiary of YBell Group or an authorised distributor or partner.  In addition, YBell Group is legally obliged to provide certain information to criminal prosecution or tax authorities in individual cases upon request. In these cases, the legal basis for the processing is either legal requirements (Article 6 (1) c) GDPR) or reasons of public interest (Article 6 (1) e) GDPR).

Transferring Your Data outside the EU or the European Economic Area (EEA).  YBell Group’s principal place of business is in Australia, which is a “Third Country” under the GDPR. Third Countries are generally not considered to afford the same level of protection that You enjoy in the EU, but YBell Group still provides an adequate level of protection for Your personal information – decision 2002/2/EC of the EU Commission states that Australia is deemed to provide an adequate level of data protection regarding commercial organisations such as YBell Group.

User Profiles.  We may use Your personal information for “Profiling“.  This means that YBell Group may use Your personal information to make tailored offers based on Your previous behaviour as well as to serve You personalised ads. However, YBell Group will never process and analyse Your personal information in the context of Profiling in a way would lead to an automated decision that has a legal effect on You or significantly impairs You in a similar way.

Your Rights regarding the Processing of Your Personal Information.  As a natural person, You have certain rights as a “Data Subject”.  You can assert the following rights against Us under the GDPR:

  • Your right to information and access under Article 15 GDPR,
  • Your right to cor(pagerection under Article 16 GDPR,
  • Your right to erasure under Article 17 GDPR,
  • Your right to restriction of processing under Article 18 GDPR, and
  • Your right to data transferability under Article 20 GDPR.

In addition, You have a right of objection to the competent data protection supervisory authority under Article 77 GDPR, but only with respect to the data processing We conduct on Our own behalf, as a controller. If YBell Group acts as a processor of Your data for a third party, You must refer to the entity acting as controller to assert this right.

Information about Your Right of Objection under Article 21 GDPR:

  1. Right of objection in individual cases.  In addition to the rights already mentioned, You have the right, for reasons arising from Your particular situation, to object at any time to the processing of personal information relating to You, which is processed on the basis of Article 6 (1) e) GDPR (data processing in the public interest) and Article 6 (1) f) GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 (4) GDPR. If You file an objection, YBell Group will no longer process Your personal information unless YBell Group can prove compelling grounds for the processing that outweigh Your interests, rights and freedoms or the processing serves to assert, exercise, or defend legal claims. Please also note that if YBell Group terminates the processing due to Your objection, the fitness products, programming or services may no longer be available to You or only to a limited extent.
  2. The right to object to the processing of data for advertising purposes.  You also have the right to object at any time to the processing of Your personal information for the purpose of direct marketing, including any subscription to Our newsletters or personalised ads.  This also applies to Profiling, insofar as it is associated with such direct marketing. If You object, YBell Group will no longer process Your personal information in the future.

The objections can be made form-free and should be addressed to: privacy@ybellfitness.com.

Updated: 25 May 2018