Privacy Policy

This policy is consistent with the Australian Privacy Principals of the Privacy Act 1988 and prepared with consideration of General Data Protection Regulation (GDPR) (For EU residents), California Online Privacy Protection Act (CalOPPA) (for Californian Residents), and Personal Information Protection and Electronic Documents Act - PIPEDA (for Canadian Residents)

We are concerned about protecting your privacy as well as protecting your information in a secure manner.

The purpose of our privacy statement is to identify the information we collect online, the steps we take to protect it and your choices regarding how that information is used. Please read this carefully before using our Sites and/or services to find out how we process your personal data and use cookies. The use of our sites and services implies acceptance of our privacy policy. If you do not agree, do not use our sites and services.

“Hamilton Coaching” will treat all personal data and information submitted by you, clients or other visitors to the Sites as confidential, in accordance with this Privacy Policy.

INFORMATION THAT WE COLLECT

We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media.

We will only collect and use your Personal Data where:

i. we have lawful grounds to do so, including to comply with our legal obligations

ii. we are performing a contract with you for our services and/or products

iii. we have legitimate interests in using your Personal Data and your interests and fundamental rights do not override those interests

By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:

Personal Data: You may be asked to provide personal information including your name, address, email address and phone number when you sign up for any of our services or products such as newsletters, registering for a program, or purchase a product or service. We will only request the personal information that is required in order to fulfil our obligations to you, i.e. in order to deliver what you have requested, as well as to comply with any legal obligations that may accompany such an exchange. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases. To manage ongoing coaching clients, we collect and maintain personal data for clients that includes name, date of birth, telephone number, email address, relevant health information, personal information relating to current well-being, historical and other important factors to assist in supporting client. We may take brief, factual notes during our sessions.

Financial Data: We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related sites. We store limited financial data. Most financial data are transferred to our payment processor, Stripe and PayPal, and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data.

As a courtesy, Stripe Privacy Policy can be found here: https://stripe.com/us/privacy

As a courtesy, PayPal Privacy Policy can be found here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full

Derivative Data: We collect information about your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. This data is stored and collected via Google Analytics. This data is processed for the purpose of analysing the use of our website. The basis for processing the data is our legitimate interests, namely monitoring and improving our website for our customers.

If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.

Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.

Other Data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.

Live Sessions and Workshops: As detailed in the Terms and Conditions you understand and acknowledge we may record any aspect of a Session or Workshop. Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by ‘Hamilton Coaching’

USE OF YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we use your personal data to:

i. present you with information through our Website and email services;

ii. provide our services, process orders, and administer our programs;

iii. maintain and improve our Website;

iv. respond to your requests, and provide customer service, including in response to any problems that may arise, such as difficulties in navigating our Website or accessing certain features;

v. Where you have opted-in to receive marketing from us, deliver communications that are relevant to your preferences / may be of interest to you

vi. Solicit your feedback, and to inform you about our products and services and those of our third-party marketing partners that we feel may be of interest or value to you;

vii. Personalise or display advertisements to you on third-party platforms;

viii. Improve our services or offerings; and

ix. Fulfil our legal or contractual obligations to you.

What is the purpose and legitimacy behind processing my personal data?

We may process any data identified within this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

We may process any data identified within this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks. In addition to the specific purposes for which we may process your personal data set out in this section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("financial data"). The financial data may include your contact details and the transaction details. The financial data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.

We may store and process any information collected in accordance with this privacy policy manually and in a hard copy format. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others. In addition to the specific purposes for which we may process your personal data set out in this section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

PROCESSING YOUR INFORMATION

In line with data protection regulations, we would like to inform you of how we will process your data.

For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below.

However, we may, from time to time, process your data internally. We may process the following data:

• Data associated with your account, such as your name, address, email address and payment information

• Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.

• Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.

• Data that you provide us in the course of using our services.

• Data that you post on our website, such as comments or responses to blogs.

• Data that you submit to us when you make an inquiry regarding our website or offerings.

• Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.

• Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.

• Data that you submit to us via correspondence, such as when you email us with questions.

• Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.

SHARING OF YOUR PERSONAL DATA

We take your privacy very seriously. We will not sell, distribute or lease your personal information to third-parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third-parties which we think you may find interesting (only if you formally give us consent for this to happen).

Third-party Services:

We share personal data as necessary with third-parties who provide services or functions on our

behalf and who require the information to provide those specific services to us, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.

The following are specific reasons why we may share and use your information:

Advertisers: We may use third party advertising companies to run and manage our ads, such as Facebook Advertising, Instagram Advertising and Pinterest Advertising to produce ads that appears when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalised advertisements about goods and services that might interest you. We cannot control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

Affiliates: We may share your personal information with our business affiliates who promote our product(s) or service(s) for a commission fee. We require our affiliates to honour this Privacy Policy. They are not allowed to spam you and must disclose they are an affiliate for us. If they do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any violation of this nature should be reported to info@hamiltoncoaching.com.au

Analytics: We use third-party analytics services (such as Google Analytics) to evaluate and aggregate visitor data. These services help us evaluate Visitors’ use of the Website, including time spent on certain pages, which areas of the Website receive the most traffic, how often visitors visit pages within the Website, and also provide general geographic location about visitors, the source of referred traffic (from other websites, vs search engines, etc). These third party analytic services use cookies and other technologies to help analyse and provide us the data. By providing your consent to this Privacy Policy, you consent to the collection and review of data about you by these analytics providers in the manner and for the purposes set out herein. You should review their Privacy Policy and contact them directly if you have questions. If you opt out of any service, you may not enjoy the full functionality of the Website.

By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.

Facebook Custom Audience: We may utilise Facebook’s Custom Audience capability which allows us to display ads on Facebook to individuals on our email lists or in our database. We may provide personal information to Facebook, such as your name, email address and phone number to enable Facebook to identify whether you are a Facebook account holder. To opt-out of the Facebook Custom Audience, please email us info@hamiltoncoaching.com.au with “Facebook Custom Audience Opt-Out” in your Subject Line, and your name and email address in the body of the email.

Interaction with others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.

Online Postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.

Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.

Other Third Party Tracking Tools and Personalised and Behavioural Advertising Services: We may also collect or receive information from third parties, such as Facebook, Instagram and/or other third-party social media and similar programs. We use the collected Information to understand client needs, including regarding our Website services to retargeting / Personalised and Behavioural Ads and marketing campaigns

Sale or Bankruptcy: We may disclose your personal information to third-parties and their advisers if we are approached by a potential buyer in connection with the potential sale of our business or of any part of it (including any of Our Brands) or enters bankruptcy. Should we proceed to sell or reconstitute any part of our business that holds your personal information, it will be necessary in some circumstances to share or transfer that information to the buyer or new entity: for example, so that they can continue to provide continuity of service to you. You will always be notified of such a change of control or ownership and will be given the opportunity to object or opt out of any further communications from us or the buyer or new entity, except where such use of your personal information is necessary for a lawful purpose (such as a legal obligation or right, or where necessary to perform an existing contract with you). Such a successor is not bound by our Privacy Policy and may have its own.

Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service.

To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

Other Purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.

Please note that we have appropriate data privacy safeguards in place with third-parties with whom we share personal data as described above and who are providing services or functions on our behalf.

INTERNATIONAL DATA

For residents of the EU, California and Canada, the personal information that we collect from is sent and stored outside these Areas, predominately in Australia.

Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.

RETENTION PERIODS FOR USE OF YOUR PERSONAL DATA

We will use and store your personal data only for as long as necessary, bearing in mind the uses of your personal data as described in this privacy statement and otherwise as communicated to you. We review the personal data we hold at regular intervals and delete permanently or anonymise any personal data which is no longer necessary.

How long will we save your data?

“Hamilton Coaching” will comply with the current regulation provisions of deleting personal information that is no longer necessary for the purpose for which it was collected or blocking it in order to fulfil any obligation arising from data processing and only for the prescription periods to which such obligations are subject. Once such periods end, the information will be definitively eliminated using secure methods.

CONSENT

By engaging with us through our Sites, you have given us consent to use your personal information for its identified purpose (for example, when you purchase a service from us, email us for information or request a free product from us). You can change your mind about being contacted in the future.

How can you withdraw consent?

You may at any time withdraw your consent by sending an email to info@hamiltoncoaching.com.au

However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies ask permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual.

Similar to other commercial websites, our Sites use cookies and web server logs to collect information about how our Sites are used. Information gathered may include the date and time of visits, the pages viewed, time spent at this site, and the websites visited just before and just after our Sites.

Overall, cookies help us provide you with a better Sites, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our Sites.

Managing Cookies Via Your Browser:

You may be able to change your cookie preferences via your browser settings. Please visit your browser’s help section for assistance with turning on notifications regarding cookies or disabling cookies through your browser.

Managing Cookies on Your Mobile Device:

You may be able to change your cookie preferences on your mobile device either via your browser settings, or via the settings (preferences) on your device. For additional info, please visit http://www.allaboutcookies.org/mobile/

Third-Party Cookies

While we have carefully chosen those vendors with whom we work, especially those involved in the transmission of data on behalf of our business, we do not control and are not responsible for the privacy practices or content of third-party websites, including those of affiliates, business partners, sponsors, advertisers, or other websites to which we may link from time to time. When visiting any third-party websites, you are responsible for reviewing the privacy policy and terms of use applicable to each site. They may be different than those that you see here.

CHILDREN

Our Sites and our services are primarily aimed at adults. We do not knowingly collect any personal data relating to children aged under 16 years old, unless with prior agreement of a parent or legal guardian. If you are under the age of 16, please do not provide us with any of your personal data, including your email address.

If you have proof that data has been "collected" without the express consent of a parent or guardian of the child, please contact us and we will proceed to eliminate this data. In doing so, we are protecting the rights of minors.

YOUR RIGHTS

You have the following rights with respect to personal data concerning you:

i. Right of access

ii. Right to rectification or erasure

iii. Right to the restriction of processing

iv. Right to object to processing

v. Right to data portability

You also have the right to lodge a complaint with the appropriate supervisory authority about our processing of your personal data.

What rights do you have with regard to data protection?

You may exercise your rights of access, rectification and deletion of data as well as request limitations on the processing of your personal data, request the portability of your data and not be subject of individualised automatic decisions by sending a notification to info@hamiltoncoaching.com.au

Anyone who believes their data protection rights have been breached or who has a complaint relating to personal information may email info@hamiltoncoaching.com.au

In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.

How do you decide how you want to hear from us?

We will contact you in accordance with your preferences, including by email, phone, post and SMS text. We always seek to explain why and how we might contact you at the point you give your information to us.

If you "opt in" to receive information from us or others, you can change your mind later. If at any time, you would like to stop receiving such information or opt out of a feature, you may notify us at info@hamiltoncoaching.com.au You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third-party who has been provided with your information in accordance with these Terms and Conditions.

Sometimes, we need your information to be able to contact you to provide the service or product you wish to use (e.g. a subscription, coaching or retail sales). In those cases, by signing up to the service you are agreeing that we will have to send you service communications to run the service itself, and we will not offer you the chance to opt-out from receiving those messages until you decide you no longer wish to use the services.

California Privacy Rights

The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data.

If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.

EU Visitors and GDPR

If you live in the EU, your data may be subject to protection by the General Data Protection Regulation (GDPR), a privacy regulation intended to help you have greater control over your personal data.

Under the GDPR, you have the right:

I. to know what information is being collected, as disclosed in this Privacy Policy

II. to object on grounds relating to your particular situation to the collection or processing of certain kinds of information

III. to withdraw consent even after it has been given, without affecting the lawfulness of the processing of your data prior to your withdrawal

IV. to access, modify or update your information so that it is correct

V. to have your information deleted or erased

VI. to have your data transferred or ported elsewhere

VII. and the right to restrict processing in certain situations

For purposes of the GDPR, to the fullest extent possible we do not directly collect or maintain personal data of our EU visitors or clients. This is done through partnerships with third-party vendors who have systems designed for the collection and storage of data on behalf of their clients. The data is only kept as long as is reasonably required to accomplish the purpose or purposes for which it was collected. Certain data may be expunged or utilised more quickly than others, and depending on your engagement and behaviours, including purchasing behaviours, we may be engaged in a business or contractual relationship with some longevity. (For example, if you purchase a course or program, or services that span over some time, you will continue to receive communications in regard to those offerings or services).

The categories of data processors with whom we work, and that help us in the collection of information that allows us to serve and interact with you include website analytics provider(s), website and webform plug-ins and related third-party services that allow us to maintain an up-to-date online platform and communicate with you electronically, an email service provider or providers to assist in managing email correspondence with our visitors, customers and list, as well as payment processor(s) and/or merchant account(s) to help us transact sales online and follow up with you regarding any purchases.

You may contact us at any time to have your information with any of these processors updated or corrected, deleted, or to obtain a copy for your records. Additionally, you may opt out of receiving any additional emails or marketing messages from us by clicking the “unsubscribe” link at the bottom of our email notifications.

Further, if you feel that we have not complied with the relevant data protection regulations, please contact us by sending us an email at info@hamiltoncoaching.com.au with your first and last name, your country of origin, and a summary of your concern or complaint. We will endeavour to respond at our earliest possible convenience to address your concern. If contacting us does not resolve your complaint, you may have additional options.

Residents in Designated Countries may also have the right to lodge a complaint with the relevant EU data protection authority. You may access a list of the Data Protection Authorities in the EU here.

CONFIDENTIALITY AND SECURITY OF INFORMATION

“Hamilton Coaching” uses reasonable standards of confidentiality and security for our Sites and for the personal consumer information collected from our Sites. The personal consumer information you provide is secured using industry standard e-commerce security technology.

We restrict access to your personal consumer information. However, it is possible that someone may intercept or access communications, transmissions and/or personal consumer information. You must also seek to protect against unauthorised access to any information that you use in connection with our Sites, and you should remember to close the browser once you have completed your activities on the Site or if you have decided to step away from your computer. In the event that we determine that there has been a security breach resulting the unauthorised disclosure of personal consumer information to a third-party, we will notify consumers whose personal consumer information has been so disclosed by posting such information on the Site and, if email contact is possible, then we would send an email advising of the status.

Safety measures

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

In order to protect your personal data from unauthorised access, we have provided our websites with an SSL certificate. SSL stands for "Secure Sockets Layer" which encrypts the communication of data between a website and the user's device. You can recognise the active SSL by a small lock logo, which is displayed on the far left in the address bar of the browser.

Use Caution When Sharing Information Online

When you voluntarily make your Personal Information available online in an environment shared by third parties – including in webinars, classes, online conferences, via email, on message boards, chat rooms or on blogs, or via telephone calls or conferences – that information can be viewed, saved, collected, heard, and/or used by others outside of the Company. We are not responsible for any unauthorised third-party use of information provided in these contexts. Please be mindful whenever you share any information online.

Keeping your Personal Data secure

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.

We have implemented security policies and technical measures to safeguard the personal data we collect.

We maintain physical, electronic and procedural safeguards that comply with applicable law, including the GDPR, CalOPPA, and PIPEDA to safeguard personal data from accidental loss, destruction or damage and unauthorised access, use and disclosure as much as possible.

We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.

Protecting your information

The password you provide when registering with the websites are encrypted to ensure protection against unauthorised access to your personal information.

We invest in high-quality security and do our utmost to protect user privacy. No data transmission over the Internet can be entirely secure, and therefore we cannot guarantee the security of your personal information and/or use of the website. Any information that you send is at your own risk and may be read by others. However, once we have received your personal information, we use strict procedures to protect the security of your personal information.

HOW TO ACCESS YOUR PERSONAL DATA

If you have provided personal, billing or other voluntarily provided information, you may access, review and make changes to it by emailing us at info@hamiltoncoaching.com.au

You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

• the payment of an administrative fee (currently fixed at $20 AUD); and

• the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

To manage your receipt of marketing and non-transactional communications, you may unsubscribe by clicking the “unsubscribe” link located on the bottom of any related email from us. Emails related to the purchase or delivery of orders are provided automatically – Customers are not able to opt out of transactional emails. We will try to accommodate any requests related to the management of Personal Information in a timely manner. However, it is not always possible to completely remove or modify information in our databases (for example, if we have a legal obligation to keep it for certain timeframes, for example).

PERSONAL DATA CONTROLLER

The data controller of your data is Judy Hamilton of “Hamilton Coaching”.

If you have any questions about this policy or about how we use your Personal Data, please email us at: info@hamiltoncoaching.com.au