1.1. This website www.sparqe.com.au (Website) is created, owned and operated by Sparqe (ABN 93 793 258 709) (Sparqe). Users can access and use the Website, the booking form (Booking Form) and the Cliniko Booking System (Cliniko Booking System) to book and schedule holistic reiki and yoga training sessions provided by Sparqe (Services).
1.3. Your Personal Information is managed in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act), the European Union Privacy Principles (GDPR), and the UK Data Protection Act 2018 (DPA) (collectively, the Privacy Act, GDPR and DPA to be referred fromherein as Privacy Laws).
2. Types of personal information Sparqe collect
2.1. Personal Information (or Personal Data under the GDPR and UK DPA) means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic,cultural or social identity of that natural person.
2.2. We collect and use different types of Personal Information depending on the type of dealing you have with us, which may include:
(a) your name, address, telephone number, email address, date of birth (DOB), mobile number;
(b) account information (such as your profile information, username, and password);
(c) lifestyle information (eg. photographs, pictures, biographies, lifestyle preferences)
(d) booking information (eg. time preferences, medical history, emergency contact information);
(e) payment and billing information (eg. credit and debit card details, payment details for submission to third party payment processors such as Stripe);
(f) information relating to the use of the Website, including the information provided by email or telephone, through surveys and competitions and other promotional activities; and
(g) information regarding your access and use of the Website, including location information, IP address, mobile or device system used.
2.3. Sensitive Information means Personal Informationconcerning an individualsracial or ethnicorigin, health information, political opinions, religious or philosophicalbeliefs, trade-union membership, sexual orientation or practices, health orbiometric information or criminal record.
2.4. In order to ensure that you use the Services safely, Sparqe may from to time, collect health information (i.e. any treatments received, diagnosed conditions, supplements taken, medical practitioner details)from you when you access and use the Website and the Services.
3. Method of collection
3.1. We will only collect Personal Information which is required to enable us to provide you with access to, and use, of our Website, the Booking Form and the Services, as well as any information which Sparqe require to operate its business and activities.
3.2. In using our Website and/or the Booking Form, we may collect your Personal Information in several ways, including:
(a) for the purposes of booking or cancelling reiki and yoga sessions;
(b) when you create a customer profile to access our Website and the Services;
(c) when you submit a request for customer support in relation to the Website, the Booking Form or the Cliniko Booking System;
(d) when you participate in any surveys, competitions, promotions, questionnaires or other promotional activities made available through the Website;
(e) when you use any COVID-19 QR Code check-in system;
(f) from social media platforms (for example, Facebook,Instagram, Pinterest and LinkedIn) or when you post, publish or submit comments, reviews, or testimonials about the Services on social media(including blogs, chat groups, bulletin boards or forums); and
(g) from publicly available sources of information.
3.3. If you provide Sparqe with Personal Information about another individual (as their authorised representative), Sparqe relies on you to:
(a) inform them that you are providing their PersonalInformation to Sparqe; and
(b) advise them that they can contact Sparqe for further information.
3.5. Upon Sparqe’s request, you must also assist Sparqe with any requests by the individual to access or update the Personal Information you have collected from them and provided to Sparqe.
4. Legal basis for processing personal information (EU and UK Only)
Sparqe rely on several legal bases under the GDPR and DPA to collect, process, store, use and disclose the Personal Information of individuals residing in the European Union (EU) and the UK, including:
4.1. where you have freely and expressly consented to the collection, use, storage,processing and disclosure of your Personal Information for a specific purpose.The provision of Personal Information to Sparqe is voluntary. However, if you do not provide Sparqe with your Personal Information, Sparqe may not be able to provide you with access to, and use of the Booking Form or the Website. You may withdraw your consent at any time by contacting Sparqe using the details below;
4.2. where the collection, use, storage, processing and disclosure of your Personal Information is necessary for the performance of a contract to which you are a party. For example, when collection and use is necessary to fulfil Sparqe’s obligations to provide you with access to, and use of the Website;
4.3. forSparqe’s legitimate business interests, including, but not limited to:
(a) providing, operating and improving the Services, the Booking Form, and the Website;
(b) marketing new promotions, deals, offers, competitions, products, services provided by Sparqe or its affiliates that Sparqe consider may of interest or benefit you (including corporate packages and special events);
(c) managing, analysing, understanding and developing Sparqe’s relationship with you;
4.4. for responding to your queries or complaints; and
4.5. where there is a legal obligation to collect, use, store, process or disclose your Personal Information. For example, Sparqe may be obliged to disclose your Personal Information by reason of any applicable law, regulation or court order and/or to protect Sparqe’s interests and legal rights.
5. How Sparqe use your personal information
5.1. We may only use, process and disclose your Personal Information for the purposes for which it is collected. Sparqe do not sell your Personal Information to any third party. In particular, Sparqe use and process your Personal Information to:
(a) provide you with access to, and use of, the Services, the Booking Form and our Website (including scheduling, managing and cancelling yoga and reiki training sessions);
(b) improve, develop and manage the Services, the Booking Form, and our Website (including to customise the advertising and content on the Website or on any of Sparqe’s social media channels);
(c) notify you of opportunities we think you might be interested in, including information about offers, competitions, promotions, events and surveys, corporate packages,special events, retreats and any other related products or services offered by Sparqe or affiliates (though the Website, newsletters or email alerts);
(d) comply with law enforcement activities, investigations or any COVID-19 tracing request;
(e) to charge and bill you for accessing and using our Website, the Booking Form, and the Services (including processing cancellations and refunds);
(f) comply with Sparqe’s legal and regulatory obligations under any Privacy Laws; and
(g) for any other purpose notified to you at the time of collection.
5.2. Without limiting the above, Sparqe may also provide your Personal Information to:
(a) Sparqe’s employees, affiliates,business partners, third party contractors, suppliers from time to time for the purpose of delivering, providing and administering the Website and the Services;
(b) Sparqe’s professional advisers such as Sparqe’s lawyers,accountants, insurers, bankers;
(c) governmental and regulatory bodies or agencies; and
(d) third party service providers such as IT serviceproviders, practice management software providers (such as Cliniko) and help desks who mayassist Sparqe with monitoringand managing the Website,(collectively, Authorised Affiliates).
5.3. When Sparqe disclose your Personal Information to its Authorised Affiliates, Sparqe will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
5.4. Sparqe’s Authorised Affiliates may also provide Sparqe with Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliate, Sparqe rely on you to provide the Authorised Affiliate with consent for Sparqe to collect, storage, use, process and disclose your Personal Information.
6. Overseas disclosure
6.1. Sparqe‘s Authorised Affiliates may be located in or outside Australia, the United Kingdom and the European Union.
6.2. Where Sparqe transfer your Personal Information to its overseas Authorised Affiliate, Sparqe take steps reasonably necessary to ensure that:
(a) there is a legal basis for the transfer of your Personal Information; and
(b) your Personal Information is treated securely(including, using reasonable endeavours to ensure that each overseas Authorised Affiliate receiving your Personal Information are bound by Standard Contractual Clauses approved by the European Commission, which can befound at http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm).
6.3. By accessing the Website, the Booking Form, or providing your Personal Information to Sparqe, you explicitly and freely consent to the transfer of your Personal Information to Sparqe’s overseas Authorised Affiliates.
6.4. If you do not wish to receive information from any of Sparqe’s Authorised Affiliates, please let Sparqe know using the details below.
7.1. Sparqe will not disclose your Personal Information to any third party (other than its Authorised Affiliates) without your written consent, unless:
(a) Sparqe are otherwise required by the relevant Privacy Laws;
(c) such disclosure is, in Sparqe’s opinion, reasonably necessary to protect Sparqe rights or property, avoid injury to any person or ensure the proper functioning of the Website.
8. Storage and security
8.1. Sparqe will take reasonable steps in the circumstances to keep your personal information safe. Sparqe use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information.
8.2. Sparqe’s officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information.
8.3. Wherever possible, Sparqe procure that Authorised Affiliates who have access to your Personal Information take reasonable steps to:
(a) protect and maintain the security of your Personal Information; and
(b) comply with the relevant Privacy Laws when your accessing and using your Personal Information.
9. No guarantee and destruction of Personal Information
9.1. The transmission of information via the internet is not completely secure. While Sparqe do their best to protect your Personal Information, we cannot guarantee the security of any Personal Information transmitted through the Website or via any social media channels.
9.2. You provide your Personal Information to Sparqe at your own risk and Sparqe are not responsible for any unauthorised access to, and disclosure of, your Personal Information.
9.3. Sparqe will destroy or de-identify Personal Information where it is no longer required, unless Sparqe are required to retain the information for legal, business or tax purpose or as otherwise authorised by law.
10. Suspected data security
10.1. Sparqe have a comprehensive data breach notification policy and response plan (Response Plan), which outlines the steps Sparqe’s personnel are required to take in the event of a data breach. This allows Sparqe to identify and deal with a data breach quickly to mitigate any harm that may result.
10.2. As part of the Response Plan, Sparqe will use reasonable endeavours to notify you as soon as practicable if Sparqe:
(a) discover or suspect that your Personal Information has been lost, accessed by, or disclosed to, any unauthorised person or in any unauthorised manner;
(b) believe that you are likely to suffer serious harmas a result; and
(c) are unable to prevent the likely risk of harm.
10.3. If you would like more informationabout Sparqe’s Response Plan, please contact Sparqe using the details below.
11. Direct marketing
11.1. At the time of accessing, or using the Services or Website or otherwise from time to time, Sparqe may seek your express consent, by requesting that you tick the appropriate check box when providing Sparqe with your Personal Information, for us to send you marketing or promotional materials and other information.
11.2. Sparqe’s direct marketing and promotional efforts may occur via mail, email, SMS telephone, social media, or through the Website. You can opt out of receiving these communications by:
(a) contacting Sparqe using the details below; or
(b) using the unsubscribe function in the email or SMS.
12. Third party websites
12.1. Links to other websites or social media platforms from the pages on this Website, or on our Website are for your information and convenience only. In providing a link Sparqe does not endorse,and accept no responsibility for any material on any third party website or social media platform that is linked from, or that links to our Website. Such websites or social media platforms may be controlled or produced by third parties.
13.1. Sparqe may collect information when you access and use the Website and/or Booking Form, by utilising features and technologies of your internet browser, including cookies, embedded web links and similar technologies. A cookie is a piece of data that enables us to track and target your preferences.
14. Your rights in relation to privacy (EU and UK only)
14.1. Under the GDPR and the DPA, you have a number of important rights. Subject to certain exceptions, you have the right to:
(a) fair and transparent processing of your Personal Information and processing in accordance with the GDPR and DPA;
(b) require Sparqe to rectify or correct any Personal Information Sparqe hold about you that is inaccurate or incomplete;
(c) object to the use and collection of any Personal Information;
(d) require Sparqe to erase your Personal Information in certain situations;
(e) obtain a copy of your Personal Information in a commonly used electronic format so that you can manage and move it, or request Sparqe send it to a third party;
(f) object or withdraw your consent at any time to the collection, use, processing or disclosure of your Personal Information (including for direct marketing purposes), but this does not:
(i) apply where we have other legal justifications or legitimate grounds to continue to collect, use, process or disclose your Personal Information; or
(ii) affect the lawfulness of any collection, use, processing or disclosure that occurred before you withdraw your consent;
(g) object to decisions being made by automated means which produce legal effects concerning you or significantly affecting you; or
(h) otherwise restrict its collection, use, processing or disclosure of your Personal Information in certain circumstances ie. where personal data is inaccurate.
14.2. You can exercise any of these rights by contacting Sparqe using the details below.
15. Access rights
15.1. Sparqe will use its reasonable endeavours to keep your Personal Information accurate, up-to-date, and complete. 1
5.2. You have the right to access any Personal Information Sparqe hold about you, subject to some exceptions provided by relevant Privacy Laws.
15.3. You can access, or request that Sparqe correct, your Personal Information by writing to Sparqe using the details below. Sparqe may require proof of identity at the time any such request is made.
15.4. If Sparqe do not allow you to access any part of your Personal Information, Sparqe will tell you why in writing.
16. Changes to the policy
17.1. If you have any issues about thispolicy or the way Sparqe handle your Personal Information, please contact Sparqeusing the details below and provide full details of your complaint and anysupporting documentation.
17.2. At all times, privacy complaints:
(a) will be treated seriously;
(b) will be dealt with promptly;
(c) will be dealt with in a confidential manner; and
(d) will not affect your existing obligations or your commercial arrangements with Sparqe.
17.3. Sparqe will endeavour to:
(e) respond to you within 21 days; or
(f) investigate and attempt to resolve your concernswithin 30 days or any longer period necessary and notified to you by Sparqe.
17.4. If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the lead supervisory authority in the relevant EU member state, the Australian Privacy Commissioner or the UK Information Commissioner.
18. Contact us
You can contact us using the following details:
(a) by email to email@example.com;
(b) by calling Sparqe on 0452 196 234; or
(c) by post to P.O. Box 79, Northbridge, Sydney, NSW 1560