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Privacy Policy

1. Our Privacy Philosophy

We value the trust that you have placed in our organization and are committed to prioritizing commitment to maintaining the accuracy, confidentiality, and security of personal information. Read through this policy so you understand how we use, share and store your data.

 

2. Our Policy

In this Policy “we” or “us” refers to Performance by Design Pty Ltd . (“Performance by Design”) and our subsidiaries and affiliates. All services mentioned are services provided by Performance by Design.

“You” refers to anyone who visits our website(s), our clients, and anyone who engages with our services. It’s our duty to inform you about what we’re doing with your personal information and why, and ensure you are properly informed so you can give us meaningful consent.

For the purposes of this Policy, “personal information” means information that can identify an individual directly or is information about an identifiable individual. This does not include information that is used solely for the purpose of communicating or facilitating communication with an individual in relation to their employment, business, or profession.

 

3. Agreeing to the Terms of Our Privacy Policy

By providing personal information to Performance by Design, using our website or engaging with our social media, you are consenting to our use, collection and disclosure of your personal information in accordance with the terms of this Policy. Providing personal information or authorizing a third party to disclose personal information to us signifies your consent to Performance by Design’s collection, use and disclosure of personal information in accordance with this Policy.

You have the right to withdraw your consent from us collecting and using your personal information, but this may limit our ability to provide you with our services or products, if applicable. See below for details around how to withdraw your consent.

 

4. Types of Information Collected

The type of information that may be collected includes but is not limited to:

  • Contact and delivery information: including your name, mailing address, email address, telephone number;
  • Payment information: including your bank account information, billing address, or other banking and financial information required to fulfill any services requested by you;
  • Profile information: including your username and password, professional information, current occupation, professional experiences, work organization, office location, networking objectives, interests, preferences, feedback and survey responses, and any other information voluntarily provided by you in connection with creating your profile;
  • Chat Information: When you post information on a chat or communicate with us about issues, we collect the information you provide;
  • Network information: including information related to your professional network, the names and email addresses of individuals in your professional network;
  • Marketing and communications information: including your preferences in receiving marketing from us and third parties and your communication preferences;
  • Computer information: this includes information like device type, device identifier, IP address, MAC address, location, browser type, operating system, duration of use, user behaviour, length of time spent on the services, and frequency of use; and
  • Other information you voluntarily provide to us, our employees, or our contractors.

We won’t take more information than we need, and you decide how and what you want to share.

 

5. Why We Collect Your Information

At Performance by Design, we collect and use personal information for reasons like:

  • Profile and account registration: to set-up and administer your profile and account with us.
  • Fulfillment of orders and services: to fulfill orders and services you have requested from us.
  • Business and website operations: to administer and protect our business and this Website, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data.
  • Marketing and advertising: to be presented on our Website. We may also administer surveys, contests, draws, raffles, offer tailored content, and other promotional materials to you based on your interests.
  • Regulatory requirements: complying generally with all laws and applicable regulatory requirements; and
  • Business development and market research: we use data to understand demographics, interests, usage patterns, and other characteristics of customers and to track and analyze trends and patterns.

We will obtain your consent before proceeding with any other purpose not identified in this Policy.

 

6. How We Collect Your Information

Personal information may be collected in a number of ways, including: through our website, in person, by mail, by email, from our applications or other software, and from third parties whom you have authorized to disclose personal information to us.

If you provide information about a third party or authorize a third party to do so, we will assume you have taken proper measures to obtain informed consent.

a) Cookies

We may also collect information through “cookies” on our website. Cookies are small text files inside your computer that contain a unique identifier, allowing us to recognize you when you visit our website again. This helps us tailor our content to meet your needs and for advertising purposes. The cookie identifies your browser and will not let a website know any personal information about you, such as your name and address. Since cookies are only data files, they cannot run on your computer, search your computer for other information or transmit any information to anyone. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website.

Like most web sites, Performance by Design uses cookies and web log files to monitor site usage and measure user traffic on the Website. We use this formation to maintain and improve Website performance. A cookie is a tiny data file which resides on your computer which allows Performance by Design to recognize you as a user when you return to the Website using the same computer and web browser. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. If your browser settings do not allow cookies, some elements of our website will not function correctly. Like the information you enter at registration or in your Profile, cookie and log file data is used to customize your experience on the web site. Most browsers are initially set up to accept cookies.

One type of cookie, known as a “persistent” cookie, is set once you’ve logged in to your Performance by Design account. The next time you visit the Website, the persistent cookie will allow us to recognize you as an existing user so you may not need to log in before using the Services. In order to access or change any of your private information, however, you must log in securely again with your password even if your computer contains your persistent cookie. Additionally, if you log out of the Website you will need to re-enter your password the next time you visit in order to log in to your account. Another type of cookie, called a “session” cookie, is used to identify a particular visit to the Website. Session cookies expire after a short time or when you close your web browser.

Due to the communications standards on the Internet, when you visit the Website we automatically receive the URL of the site from which you came and the site to which you are going to when you leave the Website. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your ISP. This information is used to analyze overall trends to help us improve the Services. The linkage between your IP address and your personally identifiable information is never shared with third-parties without your permission or except when required by law.

b) Social media

If you post a review, make a comment, or otherwise submit personal information on a public forum such as social media accounts or public forums on our Website or other applications, your communications may be viewable by the public.

 

7. Who We Share Your Information With

Performance by Design may share your information with third parties to support with providing our services and administering our business and for such other purposes as set forth below, including:

  • Contractors and affiliates: companies we use for storage, processing, and delivery of services;
  • Administrative and technical support: including cloud storage providers, IT support, data analytics providers;
  • Public media and marketing: including our affiliated media networks and companies we use for public broadcasting, advertising, marketing, public relations, press releases; and
  • Financial institutions and payment processors: we do not store your banking or other financial information in connection with the fulfillment of orders, this is shared directly with our third-party financial institution and payment processors as applicable.

We may also disclose personal information in situations where we are legally required or permitted to do so. These situations may include criminal investigations, government tax reporting requirements, court orders, or instances where we believe the rights and safety of others may be at risk.

If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.

 

8. Accuracy

We make every reasonable effort to keep your personal information as accurate, complete and up-to-date as necessary. If desired, you may verify the accuracy and completeness of your personal information in our records.

Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file, we will remedy any such errors on a timely basis. In the event that inaccurate information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.

 

9. Protecting Your Personal Information

Our employees and contractors understand the importance of keeping your information private. All employees and contractors are expected to maintain the confidentiality of personal information.

To ensure that your personal information is protected, we utilize security safeguards that are on par with the industry standard. We keep electronic files in a secured environment with restricted access and use.

Despite all of the foregoing security measures, online storage and communicating online is not one hundred percent secure. We encourage all individuals to provide only the information they are comfortable with providing a third party, keep watch for communications that are suspicious, report any suspicious activity to us as soon as possible. We as a community can help keep us all safer.

 

10. Opting-out

You may withdraw your consent for our use and collection of your personal information at any time, however this may limit our ability to provide services or products to you, if applicable.

To withdraw consent, please contact us at the contact information set out at the end of this Policy. Any withdrawal of consent will apply thereafter and not to information handling practice that have been previously undertaken based on prior consent.

 

11. Updating this Privacy Policy

Performance by Design strives to evolve to meet our applicant’s needs and expectations, and that means our services may change and how we offer our products may change. With that in mind, we review our privacy practices from time to time, and our information handling practices may change. If Performance by Design makes a material change to this Policy, we will provide a revised version on our Website and set out the date on which changes were made. Changes shall take effect upon notification of such changes. You may determine when this Policy was last updated by referring to the date found at the bottom of this Policy. If at any point you do not agree with the terms of this Policy, you must not use Performance by Design’s platform, Website or services.

 

12. Website and Apps Governed by this Privacy Policy

Our Website and any of our applications available from our Website or third-party platforms are governed by the provisions and practices stated in this Policy. Our Website and such applications may contain links to third-party sites or applications that are not governed by this Policy. Although we endeavour to only link to sites or applications that share our commitment to your privacy, please be aware that this Policy will no longer apply once you leave our Website or such applications, and that we are not responsible for the privacy practices of third-party sites or applications. We therefore suggest that you closely examine the respective privacy policies of third-party sites and applications to learn how they collect, use and disclose your personal information.

 

13. Governing Law

This Policy and all related matters shall be interpreted and construed in accordance with the laws of the State of Victoria and the applicable federal laws of Australia and the Province of Ontario and the applicable federal laws of Canada.

 

14. Personal Information Outside of Canada

Personal information provided to our service providers may be stored outside of Victoria, Australia and Ontario Canada. You acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other jurisdictions and may be subject to the laws of those jurisdictions. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.

 

15. Addressing Your Inquiries and Concerns

We are happy to provide you with a copy of this Policy and to discuss any of its content with you.

Please direct all questions or enquiries about this Policy to:

Email: info@performancebydesign.co