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Privacy Policy

Privacy Policy

Thanks for visiting our website https://www.alanafairchild.com/ (“Site”).

Alana Fairchild Pty Ltd ABN 43 613 359 952 (“Alana Fairchild”) is committed to protecting your privacy as an online visitor to our website.

This privacy policy provides you with details of how Alana Fairchild collects and processes your personal data through your use of our Site, https://www.alanafairchild.com/.

As an online business, we aim to comply with the Australian Privacy Principles in The Privacy Act 1988 (Cth) and General Data Protection Regulations (GDPR) to ensure that your information is protected.

We use the information we collect about you to maximise the services and products we provide to you via our website and through our business.

By providing us with your data, you warrant that you are over 18 years.

This Privacy Policy and our Website Terms and Conditions form the entire agreement between you and Alana Fairchild.

Alana Fairchild is the controller of the personal information collected via this website; therefore, we are responsible for your personal data (referred to as “we”, “us”, or “our” in this Privacy Policy).

1. Contact Details
Our contact details are
Alana Fairchild ABN: 43 613 359 952
[email protected]
Postal address: PO Box 777 Avalon Beach NSW 2107 Australia

1.1. It is essential that the information we hold about you is accurate and up to date. Please let us know if your personal information changes by emailing [email protected].

2. Personal Information – Type, purpose and legal grounds

2.1. Personal information/data means any information capable of identifying an individual. It does not include data that is anonymous in its source.
2.2. We may process the following categories of personal data about you:

2.2.1. Communication Information

2.2.1.1.Communication information includes any communication that you send to us. This information can be sent to us through:
a. The contact form on our website;
b. The sign-up page on our website;
c. Credit card payments on our website;
d. Email, text, social media messaging;
e. Social media posting; or
f. Through any other communication that you send to us.

2.2.1.2. We process this data for:
a. Communicating with you;
b. Sending you our newsletters from time to time;
c. Managing contacts and sending messages;
d. Ensuring that content from our Site is presented most effectively for you and your computer;
e. Providing you with information, products or services that you request from us which may be of interest to you;
f. Carrying out our obligations arising from any contracts entered into between you and us;
g. Interacting with external social networks and platforms (e.g. social media share bars);
h. Allowing registration and authentication (e.g. affiliate portals and membership areas);
i. Allowing access to third-party services’ accounts;
j. Monitoring infrastructure;
k. Managing hosting and back end infrastructure;
l. Carrying out re-marketing and behavioural targeting (including display ads);
m. Displaying content from external platforms;
n. Carrying out commercial affiliation (e.g. display ads);
o. Interacting with support and feedback platforms;
p. Managing user database;
q. For record-keeping, and;
r. For the establishment, pursuance or defence of legal claims.

2.2.1.3. Our legal ground for this processing is our legitimate interests: responding to communications sent to us, keeping records, and establishing, pursuing, or defending legal claims.

2.2.2. User Information/Data

2.2.2.1 User information includes data about how you use our website and any online services and any data you may post for publication on our website or other online services. We may collect, store and use:

a. information that you provide to us when using the services on our website or that is generated in the course of the use of those services (including the timing, frequency, and pattern of service use);
b. information contained in, or relating to, a personal or business account with our website (including name, email address, date and month of birth);
c. information that you provide when you provide feedback;
d. information that you provide when you change your personal details or email preferences;
e. information that you provide when you respond to a survey;
f. information that you provide when you communicate with our support;
g. any other personal information that you choose to send to us.

2.2.2.2. Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this Policy.

2.2.2.3. We process this data to:
a. Operate our website and ensure relevant content is provided to you;
b. To ensure the security of our website;
c. To maintain backups of our website and/or databases and;
d. To enable publication and administration of our website, other online services, and business.

2.2.2.4. Our legal ground for this processing is our legitimate interests to enable us to administer our website and our business correctly.

2.2.2.5. We will not, without your express consent, supply your personal information to any third party for their or any other third party’s direct marketing.

2.2.3. Technical Data

2.2.3.1. Technical data is information about your use of our website and online services, such as information about your visits to and use of this website, including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths.

2.2.3.2. The source of this data is our analytics tracking system.

2.2.3.3. We process this data to analyse your use of our website and other online services, administer and protect our business and website, deliver relevant website content and advertisements to you, and understand the effectiveness of our advertising.

2.2.3.4. Our legal ground for this processing is our legitimate interests, enabling us to administer our website and our business correctly, grow our business, and decide our marketing strategy.

2.2.4. Financial Transactions

2.2.4.1. All our website financial transactions are currently handled through our payment services provider. However, this may change from time to time.

2.2.4.2. We will share information with our payment services provider only to the extent necessary for processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

2.2.4.3. All individual profiles and company details are not used for any other purpose described above.

2.2.4.4. Details are only supplied to a third-party supplier when required by law for goods or services you have purchased or protect our copyright, trademarks, and other legal rights.

2.2.5. Marketing Information/Data

2.2.5.1. Marketing information includes data about your preferences in receiving marketing from our third parties, us and your communication preferences.

2.2.5.2. We process this data to:
a. Enable you to receive our newsletter;
b. Enable you to participate in promotions such as competitions, and prize draws and free giveaways;
c. To deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising.

2.2.5.3. Our legal ground for this processing is our legitimate interests: studying how customers use our products/services, developing them, growing our business, and deciding our marketing strategy.

2.2.5.4. We may use User, Technical and Marketing Information/Data to:
a. Deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and;
b. Measure or understand the effectiveness of the advertising we offer to you.

2.2.5.5. Our legal ground for this processing is A legitimate interest in growing our business.

2.2.5.6. We may also use such data to send other marketing communications to you. Our legal grounds for doing so are your consent or legitimate interest, namely to grow our business. (Please see Marketing Communications below – Section 4).

2.2.6. Sensitive Data
We may collect Sensitive Data about you. Sensitive data includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data. We do not collect any information about criminal convictions and offences.

2.2.7. Contract Obligations

2.2.7.1. Where we are required to collect personal data by law or under the terms of the contract between us, and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you).

2.2.7.2.If you don’t provide us with the requested information, we may have to cancel a product or service you have ordered, but if we do, we will notify you at the time.

2.2.8. Use of Personal Information

2.2.8.1 We will only use your data for the purpose it was collected for or reasonably compatible purposes if necessary. If we need to use your details for an unrelated new purpose, we will let you know and explain the legal grounds for processing.

2.2.8.2. We may process your personal information without your knowledge or consent where this is required or permitted by law.

3. How your personal information is collected

3.1. Cookies

3.1.1. We may automatically collect certain data from you as you use our website by using cookies and similar technologies.

3.1.2. A “cookie” is a piece of information stored on your computer’s hard drive. It records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and advertising and marketing purposes.

3.1.3. Cookies are used by nearly all websites and do not harm your system.

3.1.4. If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. By not blocking cookies and continuing to browse, you are authorising the use of cookies. If you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Site.

3.2.How do we use cookies?

3.2.1. We use cookies to track your use of our website. This enables us to understand how you use the Site and track any patterns regarding how you are using our website. This helps us develop and improve our website and products and/or services in response to what you might need or want.

3.3. Types of Cookies:
3.3.1. Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page, but they do not collect any personal data from your computer; or

3.3.2. Persistent cookies: a persistent cookie is stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. For example, we use persistent cookies for Google Analytics.

3.4. Cookies categories:

3.4.1. Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and/or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.

3.4.2. Analytics cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the Site are most popular. We use Google Analytics to monitor and analyse web traffic to the Site. Google utilises the data recognised, collected, and/or tracked on the Site to prepare reports on traffic activities. This integration of Google Analytics anonymises your IP address. Google may use the information recognised, collected, and/or tracked to personalise the ads of its advertising network and may share the information recognised, collected, and/or tracked with other services.

3.4.3. Security cookies: These cookies are essential to our security features. These cookies allow us to detect malicious activities or activities in breach of our terms of use.

3.4.4. Customisation cookies: These cookies allow the Site to save information and details such as your username to optimise your experience on the Site and provide personalised features.

3.4.5. Social media cookies and pixels: These cookies allow you to share your activity on social media such as Facebook, LinkedIn, Twitter, or other external platforms directly from the Site.

3.4.6. Functionality cookies: These cookies allow our website to remember your choices and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested, such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.

3.4.7. Please note that third parties who advertise on our website (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

4. Marketing Communications

4.1. Our lawful ground of processing your personal data to send you marketing communications is your consent or our legitimate interests, namely to grow our business.

4.2. We may send you marketing communications if:

4.2.1. You made a purchase or asked for information from us about our goods or services; or
4.2.2. You agreed to receive marketing communication, and, in each case, you have not opted out of receiving such communications since.
4.2.3. You are a company; we may send you marketing emails without your consent. You may opt out of receiving marketing emails from us at any time.

4.3 Stopping marketing messages

4.3.1. You can ask third parties or us to stop sending you marketing messages at any time by:
4.3.1.1. following the opt-out links on any marketing messages sent to you, or
4.3.1.2. email us at [email protected] at any time.

4.3.2. If you opt out of receiving marketing communications, this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations, returns, replacements etc.

5. Disclosures of Your Personal Data

5.1. We may have to share your personal data with the parties set out below:
5.1.1. Service providers who provide IT and system administration services.
5.1.2. Professional advisers, including lawyers, bankers, auditors, and insurers.
5.1.3. Government bodies that require us to report processing activities.
5.1.4. Market Researchers and Analysts.
5.1.5. Marketing and advertising and affiliate agencies we may engage with from time to time.
5.1.6. Third parties to whom we sell, transfer, or merge parts of our business or assets.

5.2. We require all third parties to whom we transfer your data to respect the security of your personal data and treat it according to the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers (for example, to our preferred email marketing platform or CRM)

6.1. Whenever we transfer your personal data, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
6.1.1. If you are a resident of the European Union, we will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data; or
6.1.2. Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission, which give personal data the same protection it has in Europe; or
6.1.3. If we use US-based providers as part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
6.1.4. Nevada residents who wish to exercise their rights according to Nevada Senate Bill 220, please submit a request to [email protected].

6.2. California-Specific Terms

6.2.1. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. Therefore, any terms defined in the CCPA have the same meaning when used in this section.

Notice of Collection

6.2.2 The categories of personal information that we have collected in the past 12 months – as described by the CCPA – are as follows:
a. Identifiers, including first name, last name, alias, online identifier, account name and email address.
b. Personal information categories are listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including name, phone number and email address.
c. Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
d. Commercial information, including purchases and engagement with the products and services available on the website.
e. Internet activity, including your interactions with our website, browsing history and search history.
f. Professional or employment-related information or non-public education information, such as job title information.

6.2.3 In the past 12 months, we have collected and used information from all of the above categories for the business purposes described in this Privacy Policy, including managing our website and providing products and services. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to keep that information confidential and not use it for any purpose except performing the contract. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

6.2.4 We do not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities as a “sale” and to include processing and sharing publicly available personal information from social media platforms and other websites as a “sale,” we will comply with applicable law as to such activity. And such “sale” activity we engage is restricted to sharing the abovementioned categories of information with our registered users who run searches with our products.

Right to know and delete

6.2.5.California residents have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
a. The categories of personal information we have collected about you.
b. The categories of sources from which the personal information was collected.
c. The categories of personal information about you we disclosed for a business purpose or sold.
d. The categories of third parties to whom the personal information was disclosed for a business purpose or sold.
e. The business or commercial purpose for collecting or selling personal information.
f. The specific pieces of personal information we have collected about you.

6.2.6 To exercise any of these rights, please submit a request to [email protected].

6.2.7. In the request, please specify which right you are seeking to exercise and the scope of the request and provide sufficient information that allows us to verify that you are the person about whom we collected personal information or an authorised representative in the request.

6.2.8 .We will only use the personal information you provide in a request to verify your identity or authority to make the request.

6.2.9 We may require further information from you to help us verify your identity and process your request.

6.2.10 If we cannot verify your identity or your authority to make the request, we may deny your requests to know or delete it. We may also deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

a. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, and fulfil the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

b. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible for such activities.

c. Debug products to identify and repair errors that impair existing intended functionality.

d. Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.

e. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code 1546 et. seq.).

f. Engage in public or peer-reviewed scientific, historical or statistical research in the public interest that adheres to all other applicable ethics and privacy laws when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.

g. Enable solely internal uses reasonably aligned with consumer expectations based on your relationship with us.

h. Comply with a legal obligation.

i. Make other internal and lawful uses of that information compatible with the context in which you provided it.

Response time and format

6.2.11 We will confirm receipt of your request to know or delete it within 14 days.

6.2.12. We endeavour to respond to a request within 45 days after we can reasonably verify your identity and authority to make the request.

6.2.13 If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

6.2.14 We will deliver our written response to the email address from which you send us the request or the email address on your account (if you have registered an account with us).

6.2.15. Any disclosures we provide will only cover the 12 months preceding our receipt of your request.

6.2.16. The response we provide will also explain why we cannot comply with a request, if applicable. Finally, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information for any such request.

6.2.17. We do not charge a fee to process or respond to your request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why and provide you with a cost estimate before completing your request.

Right to opt-out and opt-in

6.2.18 To the extent we sell your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt out by emailing [email protected]. If you change your mind, you may opt back in by emailing [email protected].

6.2.19 Once you make an opt-out request, we will wait at least 12 months before asking you to re-authorise any personal information sales.

Authorised agent

6.2.20 You can designate an authorised agent to submit requests on your behalf. You may also act as an agent and make a verifiable request on behalf of your minor child. However, we will require written proof of the agent’s permission. We will verify your identity (or your minor child’s) directly.

Right to non-discrimination

6.2.21 You have the right not to receive discriminatory treatment by us to exercise any of your rights under CCPA.

Children

6.2.22 The website is not intended for minors under the age of 16.

6.2.23 We do not knowingly collect or sell personal information of minors under 16 years old; however, to the extent we knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents, we either obtain prior affirmative authorisation from such minor who is at least 13 and opt-in to the sale of the minor’s personal information or obtain affirmative authorisation from the minor’s parent or guardian.

6.2.24 A minor or parent/guardian who has opted into the sale of the minor’s personal information has the right to opt out at any time. To exercise your right to opt-out, follow the procedures set out in this Privacy Policy.

Shine the Light

6.2.25 California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of our website who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.

6.2.26 We may share Personal Information as defined by “Shine the Light” with third parties and/or our affiliates for their direct marketing purposes. If this law applies to you and you wish to obtain further information about our sharing, please email [email protected].

7. Data Security

7.1We strive to ensure the security, integrity, and privacy of personal information submitted to our website. We periodically update our security measures in light of current technologies.

7.2. We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

7.3. You acknowledge that the transmission of information over the internet is inherently insecure. We cannot guarantee the security of data sent over the internet.

7.4 We have procedures in place to deal with any suspected personal data breach. If legally required, we will notify you and any applicable regulator of a breach.

8. Data Retention

8.1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements.

8.2. For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for five years after they stop being customers.
8.3. We may delete identifying components of your data for research or statistical purposes in some circumstances. We may use this information indefinitely without further notice to you.

9. Your Legal Rights

9.1. Under data protection laws, you have rights about your personal data that include the right to request access, correction, erasure, restriction, transfer, object to processing, portability of data, and (where the lawful ground of processing is consent) to withdraw consent.

9.2 If you wish to exercise any of the rights set out above, please email us at [email protected]

9.3. To respond to any request, we will require the following information:
9.3.1. your name and address; and
9.3.2. your contact telephone number

9.4. There is no fee chargeable to access your personal data; however, we may charge a fee if your request is unfounded, repetitive or excessive or if you refuse to comply with our request in these circumstances.

9.5. As a security measure to ensure your data is not disclosed to any person who has no right to receive it, we may request further information from you.

9.6. We try to respond to all legitimate requests within 30 days unless the request is complex or where there are multiple requests. You will be notified if our response is likely to exceed 30 days.

9.7. If you are not happy with any aspect of how we collect and use your data, please contact us first to attempt to resolve your issue immediately. You also have the right to complain to the Office of the Australian Privacy Commissioner (https://www.oaic.gov.au), the Australian supervisory authority for data protection issues.

10. Change in Privacy Policy

10.1. To ensure our privacy policy remains current, this Policy is subject to change.

10.2. We may modify this Policy at any time, at our sole discretion. All modifications will be effective immediately upon posting the modifications on this website. Therefore, please return periodically to review our privacy policy.

10.3. You may instruct us at any time not to process your personal information for marketing purposes.

10.4. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

10.5. If you have any questions or concerns about our Privacy Policy or the use of your personal information, please email [email protected].

 

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