Effective Date: This Policy was last updated on 13 September 2021 at 1.00 p.m. AEST.
Spandah Pty Ltd (“we", "our", “us” or "Spandah”) is committed to respecting and protecting your privacy when accessing and using our website and services.
This privacy notice informs you about the type, scope and purpose of the processing of personal data we collect, use and process as a part of our website and its functions and content as well as our external online presences, such as our Social Media Profiles (the “Services”).
This notice applies to you, the User of our Services and to us, the provider of the Services, and governs the processing of your personal data in context of our Services and business.
You must read this policy carefully to ensure that you fully understand the reasons why Spandah processes your personal information.
Spandah proceeds with all data processing procedures (e.g. collection, processing and transmission) in accordance with Australia’s statutory provisions, namely the Australian Privacy Principles (APPs) contained in the Privacy Act 1988, the Australian Direct Marketing Association (ADMA) Code of Practice in relation to how we market to our customers, Spam Act 2003 in relation to electronic marketing, and the Do Not Call Register Act 2006 should we engage in telemarketing.
The following provides you with an overview of the type of data collected and how it is used and passed on, the security measures Spandah takes to protect your data and how you can exercise your rights.
We do not sell your personal information
We do not sell information that directly identifies you, such as your name, address, email address or phone records.
On what basis do we use personal data?
We use your Personal Data for the following purposes and on the following basis:
- On the basis of fulfilling our contract with you (when you use our services)
- On the basis of your consent (when you contact us)
- On the basis of legal obligations (for obligations such as tax, accounting, anti-money laundering, or when a court or other authority asks us to)
- On the basis of our legitimate interest (for example communications about security, privacy and performance improvements of our services; or for establishing, exercising or defending our legal rights, including, but not limited to, protecting our contractual rights and intellectual property rights.)
Of course, before relying on any of those legitimate interests we balance them against your interests and make sure they are compelling enough and will not cause any unwarranted harm.
You are not obliged to provide data
The processing of your data is necessary for the conclusion or fulfilment of the contract you have entered into with us. If you do not provide us with this data, we will usually have to refuse to provide access to the service you requested, refuse to enter the contract or will no longer be able to perform an existing contract and consequently have to terminate it, or may be unable to provide certain services or products. However, you are not obliged to give your consent to data processing with regard to data that is not relevant for the fulfilment of the contract or that is not required by law.
Collection, use and storage of personal data
When you use our online offer, Spandah collects different data from you, partly also so-called personal data. This is information that relates to an identified or identifiable natural person.
Personal information we may collect
- Your contact information, including your name, address, phone number and email address when you register or sign up for a Spandah service
- Your Unique User ID which is generated by our systems when you register for our MasterProcess Coach Web App
- Your payment details, including billing information, when you chose to purchase a Spandah course and/or materials
- Your login data, verification of payment and similar security information for authentication and account access
- Information about the equipment you use to access and use our website, which may include your IP address, browser type and browsing activity
- Capturing the marketing preferences that you may provide in communications with us when using our website and services
- Any additional personal information you provide to Spandah when you contact us by email, letter or telephone, through the Spandah website or by any other means.
How we collect your personal information
- When you contact us through our websites, including filling out forms
- Where cookies are in use for your interaction on our website
- When you communicate with Spandah by email, phone, post, mail or personal meeting
- When you take a Spandah survey
- When you sign up for our publications
- When you register an online account through the Spandah website, our MasterProcess Coach Web App website or through our Learning Hub supplier’s platform and website
- When you provide us with feedback on our products and services
- When you make use of our social media channels, including but not limited to, our employee’s LinkedIn sites, to communicate with us or our employees.
- By way of direct marketing communications, and
- Information we may obtain from publicly available sources or external third parties, including but not limited to third party community and/or networking sites (and of which we and/or our employees are members) to whom you have provided and made available for sharing your personal and contact information to network and/or community members.
Visiting the Spandah website in general
When visiting the Spandah website, you transmit data to our web server (due to technical necessity) via your internet browser. The following data is recorded during an ongoing connection for communication between your internet browser and our web server:
- Date and time of the request,
- Name of the requested file,
- Page from which the file was requested,
- Access status (file transferred, file not found, etc.),
- Web browser and operating system used,
- Complete IP address of the requesting computer,
- Amount of data transferred.
For reasons of technical security, in particular to defend against attempted attacks on our web server, this data is stored by us for a short period of time. It is not possible for us to draw conclusions about individual persons on the basis of this data.
The legal basis for the storage is our legitimate interest.
Further personal information is only collected if you provide it voluntarily, for example in the context of an enquiry or registration. Depending on the area concerned, Spandah uses the personal data provided by you to answer your enquiries, to process your order and for the purpose of technical administration of the websites.
It is also possible for you to register for our Learning Hub. For this purpose, you can choose a user name, password and your e-mail address, which will enable you to log in more easily without having to enter your data again. Spandah stores the data you enter to set up a customer account through which your orders and access are recorded, executed and processed. Spandah will hold your data for further orders and access as long as you maintain your registration. You have the right to access, correct or delete your registration data at any time.You may also sign up using social log ins (LinkedIn, Facebook, Google) and using those is subject to the relevant provider’s privacy obligations.
If you submit data to Spandah for an order, your data will be stored for as long as necessary for the processing of the purchase and mandatory according to the legal retention periods. The extended storage for the fulfilment of the storage obligations is carried out in accordance with fulfilling our contract.
Contact Form and Chat Function
If you contact Spandah via the contact form, or chat or message function, on the Spandah website or the Spandah coach web app site, the data you provide will be stored so that your message can be forwarded to the correct contact person. This is done in accordance with our vital interests to process your request. Your data provided via a contact form will not be used for any other purposes, in particular not for advertising.
If your enquiry or comment concerns a different recipient than the one whose contact form you have used, your message and the associated data will be transmitted to the correct contact person within the company. The data you have entered in our online contact form will not be passed on to other third parties unless you are specifically informed of this.
Why we use your personal information
- Provide access to, and use of, our products and services
- Manage our relationship with you, which may include notifying you about changes to the Spandah services, asking you to leave a review or take a survey, or other relationship considerations
- Create and manage online accounts
- Provide you with the ability to take part and use interactive features of the Spandah service when you choose to do so
- Communicate with you, and manage your involvement in Spandah promotions, offers and market research
- Enable us to commence and build a mutually beneficial, consensual relationship with you
- Reply to queries from you and other third parties, plus enquiries from law enforcement agencies following applicable laws
- Measure or understand the usefulness of the advertising Spandah provide to you
- Follow and apply appropriate legal requirements, relevant industry standards and contractual responsibilities, and
- Allow Spandah to establish, exercise or defend our lawful rights and legal claims.
Integration Of Services And Contents Of Third Parties
Within our online offer, on the basis of our legitimate interests, we use content or services offered by third-party providers in order to integrate their content and services.
This always requires that the third-party providers of this content are aware of the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is thus required for the display of this content. We endeavour to use only such content whose respective providers use the IP address only for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.
We may use social plugins of the social networks Facebook, Twitter, Instagram, LinkedIn. When you call up a page that contains such a plugin, your browser establishes a direct connection to the relevant provider’s server. The plugin transmits log data to the provider. This log data may contain your IP address, the address of the visited websites that also contain specific functions, type and settings of the browser, date and time of the request, your usage of the provider as well as cookies.
Zoom video conferencing platform
We use Zoom and other video conferencing platforms and some audio platform (referred to collectively as Zoom) to conduct our live online presentations, including training, coaching, seminar, marketing, tutoring sessions and other relevant informational, explanatory discussions or meetings (‘Zoom sessions’). Insofar as you call up the Zoom website, Zoom is responsible for data processing. However, when accessing the Zoom website it is only necessary to download the Zoom software. You may also use Zoom if you enter the respective meeting ID and, if applicable, further access data for the meeting directly in the Zoom app. If you do not want to, or cannot use the Zoom app, the basic functions can also be used via a browser version, which you can also find on the Zoom website.
You may have the opportunity to use the chat, question or survey functions in a Zoom session with us. In this respect, the text entries you make are processed in order to display them in the session and, if necessary, to record them.
We record most live Zoom coaching and training sessions. When you attend the Zoom sessions, your image, location and/or words, including text, may be recorded. Often the Zoom sessions contain useful examples for training Spandah’s clients in our various techniques, models and processes. We use those recordings, or selected parts of those recordings, at our sole discretion as recorded modules to train people who attend our programs, and/or to explain or demonstrate our products and services to existing or prospective users of our products and services.
In order to enable the display of video and the playback of audio, the data from the microphone of your terminal device and from any video camera of the terminal device are processed accordingly during the meeting. You can switch off or mute the camera or microphone yourself at any time via the Zoom applications.
To participate in a Zoom session or to enter the meeting room, you must at least provide information about your name and email address. We may require you to provide additional personal information when registering for Zoom sessions.
Online presence in social media
We maintain online presences within social media on the basis of our legitimate interests and in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in this policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
Automated Decision Making and profiling
Spandah does not use Automated decision-making.
In order to run our business economically, to identify market trends, customer and user wishes, we analyse the data available to us on business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata, whereby the persons concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purposes of business management evaluations, marketing and market research.
In doing so, we may take into account the profiles of registered users with details, for example, of their purchasing transactions. The analyses serve us to increase user-friendliness, to optimise our offer and business efficiency and are not disclosed externally, unless they are anonymous analyses with summarised values.
If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, or otherwise after two years from conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
From time to time we may use the personal information we collect from you to identify particular product offers which we believe may be of interest to you. We may contact you to let you know about these products and services and how they may benefit you.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or relationship with us.
Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing form sent or made by us or on our behalf should include a means by which customers may unsubscribe (or opt out) of receiving similar marketing in the future. You can ask us to remove or amend any previous consent you provided by contacting us.
Who do we share your data with?
Spandah may share personal information with third parties for the purposes detailed below:
- Service providers that help Spandah operate our business, such as providers of analytics, payment processing, technology services, marketing affiliates, advertising, data storage and hosting, organising of data from multiple sources.
- Law enforcement agencies and regulators to meet Spandah’s legal responsibilities and process requests or orders received from those bodies
- Courts, legal counsels or other parties, where required by Spandah, and in respect of legal proceedings, claims, and complaints in this context
- Where the Spandah business is sold or combined with another business, our advisers and any potential buyer’s adviser and the new proprietors of the business.
We shall only transfer your personal information to third parties where Spandah is satisfied that proper levels of protection, including limited time, limited use and deletion requirements are provided to protect the integrity and safety of your personal information or appropriate security measures are followed and in compliance with applicable privacy and data protection laws.
Your confidentially is of the highest importance to Spandah. We will only sell your personal information where you have given us explicit consent and where it is lawful to do so.
Credit card information
Any credit card information you provide will not be stored by Spandah, but will be encrypted and collected directly from the payment service provider via hypertext transfer protocol secure ("https”).
You can disable cookies, though this may limit the functionality of the Spandah website.
How long will my data be stored?
We process your data until the end of the business relationship or until the expiry of the applicable statutory retention periods; in addition, until the end of any legal disputes in which the data may be required as evidence, or until we are satisfied the data is no longer required for the purpose of enforcing our legal rights e.g. contract, breach of intellectual property etc.
Under certain conditions, Spandah may anonymise your personal information (meaning it can no longer be related to you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
General technical organisational measures
The Spandah website is behind a software firewall to reasonably prevent access from other networks connected to the Internet. Absolute prevention is not possible. In addition, only employees who need the information to perform a specific job are granted access to personally identifiable information. These employees are trained in security and privacy practices and treat your information confidentially.
Visiting the Spandah website
The data stored during the mere visit of the Spandah website will not be passed on to third parties.
When you place an order in our online shop or Learning Hub, we store your information in order to fulfil the contract concluded between you and Spandah or to carry out pre-contractual measures.
When placing an order in the online shop, all data necessary for execution and processing are requested by means of mandatory fields: Your full name, your e-mail address, your address (billing address and, if applicable, different delivery address). Your data will only be used to process your order or to verify that you are entitled to access certain services and products.
Your personal data will only be passed on to third parties within the scope of the online shop if it is necessary for the purpose of processing the contract, for accounting purposes or for the collection of the payment.
Spandah will not otherwise transfer personal information outside of Australia unless reasonably necessary for the purposes of providing services to you, enabling our services to function properly, or for the purpose of protecting our lawful interests. If this situation were to change in the future, we would only transfer your personal information external to Australia where Spandah is satisfied that proper levels of protection are provided to protect the integrity and safety of your personal information or appropriate security measures are followed and in compliance with applicable privacy and data protection
Non-Australia residents: If you are accessing this website from a jurisdiction outside Australia please note that your data may be transferred outside of your jurisdiction in accordance with the data transfer procedures prescribed for Australian residents.
Minor's privacy protection
The Spandah services are not intended for those under the age of 18 years old. We do not deliberately target, gather or retain data about minors. You must not use our services if you are under 18 years of age.
We advise that you check this policy frequently to keep up-to-date with such changes.
Under applicable data protection laws, subject to your jurisdiction, you have the following data protection rights:
Right to access - you can ask Spandah to provide copies of personal information we may hold about you.
Right to rectification – you can ask that we correct any inaccuracies or complete any incomplete personal data.
Right to erasure - you may ask that we erase your personal information in certain circumstances.
Right to restrict processing - in specific situations, you can request that we restrict the processing of your data.
Right to withdraw consent - where Spandah has explicitly requested and obtained your consent for processing your personal information, you have the right to withdraw your consent.
Right to object - under certain circumstances, you have the right to object to the processing of your personal information unless Spandah can show we have a compelling reason for continued processing.
Right to data portability - you have the right, in certain situations, to ask Spandah to transfer your personal information you have provided to us to another business or you. You may request that we provide you with the data you have provided to us in a structured, commonly used and machine-readable format and that you may transfer this data to another controller without hindrance from us, provided that we process this data on the basis of a revocable consent given by you or for the performance of a contract between us, and this processing is carried out with the aid of automated procedures. If technically feasible, you may request us to transfer your data directly to another controller.
Right to opt-out of marketing communications - you have the right to request that you opt-out of Spandah marketing communications.
Right to complain to a supervisory authority - you have the right to complain to the appropriate supervisory authority where you perceive Spandah has infringed your data protection rights.
Access to your Data
Name and contact details of the responsible person:
Spandah Pty Ltd
4 Commonwealth Tce.,
Sandhurst, Victoria, 3977,
ABN 23 104 743 393
When you sign up for the MasterProcess™ course, which is part of Spandah’s Consciousness-Centered Coaching™ course, you will be offered the opportunity to set up an account on our Spandah Coach™ ‘Web App’ site from where you can access the MasterProcess™ questions (and certain related documents) on your own devices. Your account for, and access to, the Web App will only be pursuant to a licence and terms and conditions (“EULA”) to which you must agree. You will not be granted the licence unless you agree to the licence terms and conditions.
The Web App has been designed and programmed to
- Verify payment for the course before allowing you to initially set up an account and log in
- Provide certain protections against, and evidence of, certain attempts at, or actual unauthorised use of, our intellectual property
- provide us with data about your use of the Web App,
- enable us to upload updates to the MasterProcess™ directly to the Web App site for your convenience
- enable us to message you directly on the Web App.
You’ll be required to enter personal data in the account form and in the licence agreement, including:
- Your first name and last name
- Your home address
- Your email address
- Your mobile phone number and area code
- Your company/business /trading name.
Each time you log in to the Web App, the Web App provides the following data to our Web App panel.
- Your name (provided by you on your account)
- Your email address (provided by you on your account)
- Your unique ID number (allocated by the Web App when you first set up your account)
- Date and time logged in
- Date and time logged out
- Your device IP address.
In addition, the Web App sends an email to us, and an on-screen pop-up message to you, each time there is an attempt to copy, print, screen save, screen print or download the MasterProcess™ and related documents located in the Web App.
We analyse the data and retain records of data that relate to both individual instances, and general patterns, of actual or potential infringement of our intellectual property.
Where we consider it appropriate to do so, we may provide that data to third parties for the purposes of analysis, investigation, advice and/or legal remedies. We retain that data until we are satisfied that it is no longer needed to support enforcement of our legal rights.
The remaining data is deleted on a regular basis.
The legal basis for the collection and storage is contractual and our legitimate interest.