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Privacy Policy

We love working with you and respect your privacy. This Privacy Policy tells you how we use your information and how we collect your information offline or online through our website: www.benitabensch.com (Site) and other related third party platforms that we use.

In this Privacy Policy we, us, or our means Benita Bensch [ABN 80 475 746 001].

 

Types of personal information
The types of personal information we may collect about you include:

  • your name, images, and complete contact details;
  • your age and/or date of birth;
  • your credit card or payment;
  • any customer survey results and customer service history;
  • information about your access and use of our Site;
  • additional personal information that you provide to us; and
  • any other personal information requested by us and/or provided by you or a third party such as Google or our third party payment processor.

 

Collection and use of personal informationWe may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site;
  • to contact and communicate with you;
  • for internal record keeping, administrative purposes, invoicing, and billing purposes;
  • for analytics, market research and business development;
  • for advertising and marketing;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • to consider an employment application.

 

Disclosure of personal information to third parties
We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services;
  • our employees and contractors;
  • our existing or potential agents or business partners;
  • sponsors or promoters of any competition we run;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
  • third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.


By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Act (Act) and the Australian Privacy principles (APPs). Note the Act and the APPs may not regulate third parties overseas. If any third party engages in any act or practice that contravenes the APPs, it would not be accountable under the Act.


How we treat personal information that is also sensitive information

Information classified as “Sensitive information” has a higher level of protection under the APPs.
Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. Provided you consent, your sensitive information (if we hold any) may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected or if required or authorised by law.


Your rights and controlling your personal information

Choice and consent: By providing personal information to us, you consent to us collecting, holding, using, and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.


Overseas transfer
Your personal information may be transferred to an overseas jurisdiction with substantially similar data protection laws such as the United States of America, the United Kingdom, or countries within the European Union (EU). These countries have data protection laws, which protect personal information in a way that is at least substantially similar to APPs and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. We do not require the overseas recipients to comply with the APP and we will not be liable for a breach of the APP if your personal information is mishandled.


GDPR
In some circumstances, the European Union General Data Protection (GDPR) provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law.


Storage and security
We are committed to ensuring that the personal information we collect 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 personal information and protect it from misuse, interference, loss and unauthorised access, modification, and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.


Cookies, web beacons and Google analytics
We may use cookies and web beacons on our Site from time to time. While cookies don’t tell us your email address, they do allow third parties, like Google and Facebook, to track you as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
Web beacons monitor the your behaviour on our Site and collect data about your web page viewing. We may also use Google Analytics to collect and process data from time to time.


Links to other websites
We do not have any control over Third Party Websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting them. Third Party Websites are not governed by this Privacy Policy, even if you followed a link from our website to the Third Party Website.

Amendments
We may, at any time and at our discretion, vary this Privacy Policy by it on our Site. Check back to find the current Privacy Policy.
For any questions or notices, please contact our Privacy Officer at:
Email: [email protected]
Last update: 20 September 2021

Website Terms of Use

Benita Bensch [ABN 80 475 746 001] (we, our or us) operates the website with domain address www.benitabensch.com (Site). The Site may also be available through other addresses or channels.

You agree to be bound by these Terms
By using our Site, you agree to be bound by these Site terms of use (Terms) and the Privacy Policy available on our Site. Please read these Terms and if you don’t agree to them, then you should stop using our Site at once.

When we can change these Terms
We may change these Terms and anytime by publishing the varied terms on our Site. To keep up to date with our policies, please make sure you come back and check the Terms on a regular basis to ensure you are up to date with the current Terms.

Changes to the Site
Materials and information on this Site (Content) are also subject to change without notice. While we try to keep our Site current, we do not make any promises or undertake to keep our Site up-to-date and are not liable if any Content is inaccurate or out-of-date.

The way in which you use the Site
We own the Site and grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site. You have no ownership in the Site and may not use the Site in any other way without our agreement in writing.

We do not permit you to:

  • copy Content or any other details on our Site;
  • use or copy our Site or Content in any way that competes with our business; or
  • breach our copyright or other intellectual property in the Site.

 

Behaviour on the Site
When you use our Site, we expect you to abide by a respectful standard of behaviour. You must not do, or attempt to do anything:

  • that is unlawful;
  • prohibited by law
  • we would reasonably consider inappropriate; or
  • that might bring our Site or us into disrepute.

This includes (without limitation):

  1. anything that would breach the privacy of an individual;
  2. using our Site to defame, harass, threaten, menace, or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site;
  5. intentionally transmitting viruses to our Site;
  6. intentionally transmitting disabling or damaging features to our Site;
  7. interfering with our Site, including the use of Trojan horses, viruses, piracy, or programming routines that may damage our Site;
  8. using our Site to send unsolicited email messages; or
  9. assisting a third party to do any of the above.

 

Information only
The content on our Site provides a summary and general overview of our business and the things we do. The information we provide does not create a client relationship or a business coach/ client relationship with you. While the information may be helpful to you, it is not intended to be comprehensive or specific, and we do not have any obligation to you in this regard. If you wish to work with us, we invite you to join one of our programs and note that any such program is subject to our terms and conditions at the time you join the program.

Disclaimer
We use reasonable commercial efforts to ensure the accuracy and completeness of the Content on our Site. However, to the maximum extent permitted by law, we make no representation, warranty, or guarantee with respect to the Content or the likely outcomes you will get if you action the information on our Site and apply it to your situation or life. You should always get professional advice about your circumstances from an appropriate professional.

Intellectual Property rights
Unless we state otherwise on the Site, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and Content.
Your use of our Site and your use of and access to the Content does not grant to you or transfer any rights, title, or interest in relation to our Site or our Content. You must not:

  1. copy or use any Content from our Site (in whole or part);
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

 

Third party sites
Our Site may contain links to websites operated by third parties (Third Party Sites). Unless stated on our Site, we are not responsible for the content on Third Party Sites. Further, we do not control, endorse, or approve any Third Party Sites.

Content you upload to our Site
We encourage you to interact with our Site. We may permit you to post, upload, publish, submit, or send (upload) information and content to our Site (User Content).
If you upload User Content to our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence for the User Content. This means we are able to use, view, copy, adapt, modify, distribute, licence, transfer, communicate, display, publicly perform, transmit, stream, broadcast, access, or otherwise use the User Content on, through or by means of our Site.
You agree that you are responsible for all User Content that you upload and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in the User Content (as contemplated by these Terms); and
  2. the User Content, your upload of the User Content or our use of it on, through or by means of our Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time remove any User Content you upload at our discretion.

Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:

  1. it is complete, accurate, reliable, up-to-date, and suitable for any particular purpose;
  2. you will have uninterrupted access;
  3. it will be error-free or free from viruses; or
  4. our Site will be secure.

You read, use, and act on our Site and our Content at your own risk.

Limited Liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Removing our Site (or your access to it)
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage, or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

What happens if part of these Terms is not right?
If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

The law that applies to these Terms
The laws of Queensland, Australia, govern these Terms. If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside Queensland and/or country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.


For any questions and notices, please contact us at:
Email: [email protected]
Last update: 20 September 2021

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