Top Livin Limited ACN 600 787 513 (‘Livin’)
Livin and its related entities (referred to in this document as ‘we’, ‘us’ or ‘our’) works towards its charitable purpose of promoting mental health awareness through speaking engagements and branded clothing and apparel.
Livin recognises that your privacy is very important and we are committed to protecting the personal information we collect from you when you use the Livin website, social media and any electronic methods of collection we may utilise from time to time (such as mobile applications).
We provide notice on our website (or, if applicable, a mobile application) in the event that we make any modifications that substantially change your rights under this policy.
The Privacy Act 1988 (Cth) (‘Privacy Act’), and the Australian Privacy Principles (‘APP’) govern the way in which we must manage your personal information and this policy sets out how we collect, use, disclose and otherwise manage personal information about you.
Types of information collected
We may collect and hold personal information about you, that is, information that can identify you, and is relevant to providing you with the services you are seeking. This can include your name, date of birth, contact details (including address, email address, phone number), financial information (such as credit card or bank account numbers) and information about how you use our products and services.
This is not an exhaustive list. We may need to collect additional information about you from time to time to provide products or services to you.
You might also need to provide us with personal information about other individuals (e.g. your authorised representatives). If so, we rely on you to inform those individuals that you are providing their personal information to us and to advise them about this policy.
Purpose of collection
The type of personal information that we collect and hold about you depends on your interaction with us. Generally, we will collect, use and hold your personal information for the purposes of:
- providing products or services to you or someone else you know;
- issuing tax invoices for the products or services we may provide to you from time to time;
- providing you with information about other services that we, our related entities and other organisations that we have affiliations with, offer that may be of interest to you;
- facilitating our internal business operations, including the fulfilment of any legal requirements; and
- analysing our services and customer needs with a view to developing new or improved services.
Method of collection
Personal information will generally be collected directly from you either by:
- providing us with ‘your story’ relating to mental health which could be showcased on the Livin website or in the Livin newsletter;
- you paying fees owed by you to us or our clients using third party payment systems or other electronic payment platforms we may utilise from time to time; or
- through the use of any of our standard forms (such as when you enter into an agreement with us, contact us with a query or request or submit your details through our website or by email).
We may also collect information other than directly from you where it is unreasonable or impractical to not do so, for example:
- from third parties such as our related entities, business partners, or your representatives;
- from publicly available sources of information;
- from our records of how you use our services; and
- from the third parties we list in the section of this policy with the heading ‘Use and disclosure’.
We will usually notify you in advance when we indirectly collect information, or where that is not possible, as soon as reasonably practicable after the information has been collected.
If you choose not to provide certain information about you, we may not be able to provide you with the products or services you require, or the level of service on which we pride ourselves.
If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you, or someone else you know, with the products or services you, or they, are seeking.
Our website and credit card security transactions are the industry standard Secure Sockets Layer (SSL) ensuring your privacy and security which encrypts your information as it is transmitted over the internet. The encryption scrambles details such as your credit card number, billing details and delivery address so that generally, other computers are unable to decipher the information ensuring privacy and security.
If you access our website, social media or mobile applications (if applicable), we may collect additional personal information about you in the form of your IP address and domain name.
Our website, social media and mobile applications (if any) may contain links to other websites or third-party hosted content. We are not responsible for the privacy practices of such websites or third parties and they are not subject to our privacy policies and procedures.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of our website, deliver advertisements on and through our website, and so on.
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
You can learn more about cookies and the following third-party websites:
Use and disclosure
Generally, we only use or disclose personal information about you for the purposes for which it was collected (as set out above) or for purposes which are directly related to one or more of our functions and activities. We may disclose personal information about you to:
- our related entities and other organisations with whom we have affiliations so that those organisations may provide you with information about services and various promotions;
- a third party where it is reasonably necessary to comply with a law, regulation, or valid legal process. In the event that we are required to release your data, we will provide you with notice unless prohibited by a valid legal process;
- a third party if it is necessary and permitted by law in connection with the sale, merger, bankruptcy, sale of assets or reorganisation of our company; and
- community posts, contests and surveys where you direct your information to be used for this purpose.
We may share your information if you direct us to share your data with other parties. Such third-parties are then responsible for the privacy of the shared information. You can revoke your consent to share with the third party at any time by contacting us.
In some circumstances, we may collect personal information from you which may be:
- subject to local, regional or international privacy or data protection laws in jurisdictions other than Australia (‘International Law’); and/or
- deemed by International Law specifically in relation to the European Union General Data Protection Regulation (‘Data Protection Law’) to constitute ‘sensitive information’.
Data Protection Law recognises that some categories of personal information are more sensitive. Sensitive information can include information about a person’s health, race, ethnic origin, political opinions criminal history, financial position, sex life, sexual orientation and religious beliefs. If you contact us, you may choose to provide details of a sensitive nature. We will only use this information in the following ways:
- For the purposes of dealing with your enquiry;
- We will not pass on your details to anyone else without your express permission except in exceptional circumstances. Examples of this might include anyone reporting serious self-harm or posing a threat to others or children contacting us and sharing serious issues such as physical abuse or exploitation.
- Where you have given us your express consent or otherwise clearly indicated to us that you are happy for us to share your story, then we may publish it on our website or in other media.
To the extent permitted or required under International Law, you consent to us using and disclosing your personal information (including in jurisdictions where it is deemed sensitive information) for the purpose for which it was collected, unless you subsequently consent to us using and disclosing your information for another purpose as described in further detail above
Livin has networks, databases, servers, systems, support and helpdesks around the world. We collaborate with third parties like cloud hosting services, suppliers and technology support located around the world to serve the needs of our business, workforce and customers. We take appropriate steps to ensure that personal information is processed, secured and transferred according to applicable law. In some cases, we may need to disclose or transfer your personal information within Livin or to third parties in areas outside of your home country, including to countries that have not been declared adequate for the purposes of data protection by the European Commission.
The areas in which these recipients are located will vary from time to time, but include the United States, Europe, Canada, Asia (including Australia and India), and other countries where Livin has a presence or uses contractors.
When we transfer personal information internationally, we put in place safeguards in accordance with applicable law (including Articles 44 to 50 of the EU General Data Protection Regulation). If you would like to know more about our data transfer practices and obtain copies of any relevant safeguarding measures, please contact our privacy team, our contact details are noted below.
How we use your information for Direct Marketing
We may also use your information so that we, our related entities, and other business partners can promote and market products, services and special offers that we think will be of interest to you (which may include products, services and offers provided by a third party). This marketing may be carried out in a variety of ways (including by email, SMS/MMS, or social media) and may continue after you cease acquiring any products or services from us until you opt-out by contacting us using the contact details set out in the Contact section of this policy.
You may opt-out of receiving emails by unsubscribing via the “Unsubscribe” (or similar) link at the bottom of emails, SMS/MMS, or social media.
How we hold your personal information
The security of your personal information is of paramount importance to us. We store your personal information in different ways, including in paper and in electronic form. Any bank or credit card details you provide and that we store will be encrypted, and any tax invoices we issue to you will not display your full bank or credit card details, for your added protection. The security of your personal information is important to us. We take all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, interference, unauthorised access, modification or disclosure.
If we no longer need your personal information for the purposes for which it was collected or for purposes which are directly related to one or more of our functions and activities, we will take reasonable steps to securely destroy it or permanently remove all identifying features from that information. This obligation is subject to any legal requirement or Court order to retain the information.
How long we save your information
We will retain your information for as long as you are a customer.
Our policies for children
Our services are not directed at, nor do we knowingly collect any information from persons under the age of 13.
How you can access your personal information
You may access the personal information we hold about you, upon making a written request. We will respond to your request within a reasonable period. We take all reasonable steps to ensure that the personal information we hold, use and disclose is accurate, complete and up to date.
We may decline a request for access to personal information in circumstances prescribed by the Privacy Act, and if we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons).
If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date.
If we refuse to correct your personal information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.
If you wish to access any of your personal information that we hold or would like to correct any errors in that information, please contact us using the contact details set out in the Contact section of this policy, so that we can consider and respond to your request. We may apply an administrative charge for providing access to your personal information in response to a request.
You may use the contact details below to notify us of any privacy complaint you have against us, including if you think that we have failed to comply with the APP or any binding APP code that has been registered under the Privacy Act. We are committed to acknowledging your complaint in a prompt manner and will give you an estimated timeframe for when we will respond to your complaint. We will take reasonable steps to investigate the complaint and respond to you.
If you are unhappy with the way that we handle your complaint you may make your complaint to the Office of the Australian Information Commissioner.
Email address: i[email protected]
Street address: PO Box 370, Burleigh Heads, QLD, 4220
Changes to our privacy and information handling practices
For more information about privacy in general, you can visit the Office of the Australian Information Commissioner website at www.oaic.gov.au.