Privacy Policy – Elements Wellness and Recovery

ELEMENTS WELLNESS AND RECOVERY PRIVACY POLICY

1. About this privacy policy

This document sets out the policy of Plossom Pty Ltd ACN 622 833 744, relating to the privacy of your personal information (Privacy Policy). Elements Wellness and Recovery is committed to protecting the privacy of the personal information it collects and receives. Elements Wellness and Recovery is bound by the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act). This Privacy Policy applies to all your dealings with Elements Wellness and Recovery whether at Elements Wellness and Recovery head office or via Elements Wellness and Recovery website (www.elementswellnessandrecovery.com.au).

This Privacy Policy seeks to explain:

the kinds of personal information Elements Wellness and Recovery collects & holds;
how Elements Wellness and Recovery collects and holds your personal information;
why Elements Wellness and Recovery collects, holds, uses and discloses your personal information;
how you may access and seek the correction of your personal information as held by Elements Wellness and Recovery;
how you may complain about a breach of the APPs or a registered APP code (if any) that Elements Wellness and Recovery are bound by, and how Elements Wellness and Recovery will deal with such a complaint; and
if Elements Wellness and Recovery is likely to disclose your personal information to overseas recipients and the countries in which such recipients are likely to be located (if it is practicable to specify those countries in this policy).

By using Elements Wellness and Recovery website www.elementswellnessandrecovery.com.au, completing any membership application forms, personal information forms, you accept this Privacy Policy and expressly consent to Elements Wellness and Recovery’s collection, use and disclosure of your personal information in the manner described in this Privacy Policy.

2. Your Personal Information

Elements Wellness and Recovery only collects personal information (being information that identifies or could reasonably identify an individual) where Elements Wellness and Recovery considers it to be reasonably necessary for Elements Wellness and Recovery’s services, functions and activities. Elements Wellness and Recovery collects personal information to deliver our products and service to members and customers including in circumstances when:

processing and managing membership applications;
facilitating members & casual Elements access;
conducting marketing activities, research & special offers;
accurately identifying who is using Elements Wellness and Recovery’s services;
communicating with members, casual visitors, website visitors to Elements Wellness and Recovery ’s website and online enquiries;
profiling our members & their interests;
operating Elements Wellness and Recovery ’s business; and / or

The types of information Elements Wellness and Recovery collects includes:

name, age, gender, date of birth & next of kin;
health information (height, weight, medical conditions);
license and banking details;
contact details (including phone, fax and e-mail);
views and opinions; and
responses to forms and surveys (if any).

3. Your Sensitive Information

Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record. It is Elements Wellness and Recovery’s policy to only collect your sensitive information where it is reasonably necessary for Elements Wellness and Recovery functions or activities and either you have consented or Elements Wellness and Recovery are required or authorised under law to do so.

4. How Elements Wellness and Recovery collects your personal information

Elements Wellness and Recovery will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.

Elements Wellness and Recovery will collect directly personal information:

by email;
over the telephone (including calls and SMS);
via social media and over the intranet (including surveys);
by written correspondence (such as letters, faxes);
on hard copy forms (including registration forms, competition entry forms and surveys);
in person; or
through Elements Wellness and Recovery website (online purchases, web form submission or participation in a live chat);
electronic systems such as applications and use of any security surveillance cameras.

Elements Wellness and Recovery may collect information from third parties including:

your therapist;
market researchers & direct marketing providers;
parents or guardians of underage members;
our current members (refer a friend);
the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
public sources (directories, membership lists, professional and trade associations, ASIC, bankruptcy or court registry searches).

5. Using your personal information

The main purposes for which Elements Wellness and Recovery collects, holds, uses and discloses personal information are to provide services and benefits to members and casual visitors, and to grow Elements Wellness and Recovery ’s membership.

Elements Wellness and Recovery collects information to service its members and casual visitors. Elements Wellness and Recovery can use your information to:

process applications for memberships;
understand Elements Wellness and Recovery’s members’ needs and requirements;
manage & run Elements Wellness and Recovery website & social media platforms;
providing you with information about Elements Wellness and Recovery services;
delivering or enhancing Elements Wellness and Recovery ’s products and services;
help Elements Wellness and Recovery maximise the benefits provided to members and casual visitors;
any other purpose directly related to Elements Wellness and Recovery’s business and for which you have provided consent (where it is reasonably required by law).

Elements Wellness and Recovery’s website requires subscriptions or registrations to use certain services, functions or content. You will know what information is being collected via these processes when you complete the relevant forms and provide the required details prior to submitting the application. Elements Wellness and Recovery will collect data relating to any transactions you carry out through Elements Wellness and Recovery ’s website and the fulfilment of your order. Elements Wellness and Recovery may also use your data to monitor for any unauthorised use of Elements Wellness and Recovery’s website, content or subscriptions to Elements Wellness and Recovery’s services.

6. Purpose of collection

If Elements Wellness and Recovery collects personal information for a purpose (the primary purpose), Elements Wellness and Recovery will not use or disclose the information for any other purpose (the secondary purpose) unless:

you would have consented to the use or disclosure of your personal information; or
in relation to the use or disclosure of your personal information:
- you would reasonably expect Elements Wellness and Recovery to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose;
- use or disclosure is required or authorised under Australian law or a court/tribunal;
- a permitted situation exists in relation to Elements Wellness and Recovery’s use or disclosure of the information;
- a permitted health situation exists in relation to use or disclosure of the information; or
- Elements Wellness and Recovery reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

If Elements Wellness and Recovery uses or discloses your information because Elements Wellness and Recovery reasonably believes that the use or disclosure of your information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, Elements Wellness and Recovery will make a written note of the use or disclosure.

7. Do you have to provide personal information?

You can refuse to provide personal information. However, a refusal may mean that the service you requested is not provided or membership will be refused or forfeited.

8. Sharing your personal information

Elements Wellness and Recovery may use and disclose personal information for related purposes to third parties. Types of organisations to whom Elements Wellness and Recovery may disclose your personal information includes:

government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts (as required by law);
various law enforcement agencies and governments for security, customs and immigration purposes;
banking service providers;
rewards partner program providers;
professional or government organisations; and
Elements Wellness and Recovery ’s contracted service providers including:
- information technology service providers;
- planning research and development providers;
- marketing and communications agencies;
- mailing houses, freight and courier services;
- printers & distributors of marketing material;
- debt collectors and banks;
- therapists; and
- external advisers (recruiters, auditors & lawyers).

Elements Wellness and Recovery does not rent, sell or exchange your personal information to third parties without your prior approval.

9. Government Identifiers

Elements Wellness and Recovery does not, adopt, use or disclose government related identifiers (such as a Medicare number or license number) as Elements Wellness and Recovery ’s own identifier for you unless:

it’s required/authorised by law or court/tribunal order;
it’s reasonably necessary to verify your identity;
it’s reasonably necessary to fulfil Elements Wellness and Recovery ’s obligations; or
Elements Wellness and Recovery reasonably believes it is reasonably necessary for one or more enforcement related activities.

10. Cookies

To improve Elements Wellness and Recovery ’s services, Elements Wellness and Recovery sometimes collects de-identified information from web users. The information collected does not identify an individual but does help Elements Wellness and Recovery to analyse and improve its web services. When you visit Elements Wellness and Recovery ’s website, a record of your visit is logged and the following data is supplied by your browser:

your IP address and/or domain name;
your operating system (type of browser & platform);
the date, time and length of your visit; and
the resources you accessed or downloaded.

Elements Wellness and Recovery uses this information to customise the website for visitors and to collect data for analysis, quality control, administration and improving the website. It is not used for any other purpose. Aggregated data may be shared with third parties.

You can stop your browser from accepting new cookies or disable cookies altogether by changing your browser preferences.

11. Links to other websites

Links to third party websites that Elements Wellness and Recovery does not operate or control are provided for your convenience. Elements Wellness and Recovery is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Elements Wellness and Recovery encourages you to read before supplying any personal information to them.

12. Direct Marketing

If Elements Wellness and Recovery holds your information, Elements Wellness and Recovery may use or disclose that information (other than sensitive information) for direct marketing if:

Elements Wellness and Recovery collected the information from you; and
you would reasonably expect Elements Wellness and Recovery to use or disclose the information for that purpose; and
Elements Wellness and Recovery provided you with a simple way to opt out of receiving direct marketing from Elements Wellness and Recovery; and
you have not made such an opt out request to Elements Wellness and Recovery . Elements Wellness and Recovery may also use or disclose your information (other than sensitive information) for direct marketing if:
Elements Wellness and Recovery collected the information from you and you would not reasonably expect Elements Wellness and Recovery to use or disclose the information for that purpose or someone other than you; and
either:
- you have consented to the use or disclosure of the information for that purpose; or
- it is impracticable to obtain that consent; and
Elements Wellness and Recovery provided you with a simple way to opt out of receiving direct marketing from Elements Wellness and Recovery; and
in each direct marketing communication with you:
- Elements Wellness and Recoveryi ncludes a prominent statement that you can request to opt out; or
- Elements Wellness and Recovery otherwise draws your attention to the fact that you can request to opt out; and
- you have not made such a request to Elements Wellness and Recovery.

Elements Wellness and Recovery can use or disclose your sensitive information for the purpose of direct marketing, if you have consented to the use or disclosure of that information for direct marketing. Elements Wellness and Recovery may also use or disclose your personal information for direct marketing if:

Elements Wellness and Recovery are a contracted service provider for a Commonwealth contract; and
Elements Wellness and Recovery collected your information, in order to meet an obligation under that contract; and
the use or disclosure is necessary to meet (directly or indirectly) such an obligation.

If Elements Wellness and Recovery has collected the personal information that Elements Wellness and Recovery used to send you direct marketing material from a third party, you can ask Elements Wellness and Recovery to notify you of its source of information. It is Elements Wellness and Recovery ’s policy is to do so unless it is unreasonable or impracticable.

13. How to opt out of direct marketing

If Elements Wellness and Recovery uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Elements Wellness and Recovery .

If Elements Wellness and Recovery uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Elements Wellness and Recovery does not use or disclose your information for this purpose.

Elements Wellness and Recovery will give effect to your request not to receive direct marketing from Elements Wellness and Recovery or an entity facilitated by Elements Wellness and Recovery within a reasonable time after the request is made.

14. Protecting your personal information

Elements Wellness and Recovery stores information in different ways, including paper and electronic form. Elements Wellness and Recoveryt akes reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure including:

secure password protected databases for storage;
confidentiality requirements of staff;
security firewalls for access to Elements Wellness and Recovery ’s systems;
servers kept at a secure location with limited access;
document storage security requirements;
granting access only to verified individuals;
access controls for Elements Wellness and Recovery ’s buildings;
limited the provision of personal information to third parties and subject to guarantees about use; and
training staff to deal with the information.

Elements Wellness and Recovery cannot guarantee that personal information will be protected against unauthorized access or misuse and Elements Wellness and Recovery does not accept any liability for the improper actions of unauthorised third parties.

Elements Wellness and Recovery will retain your personal information for as long as necessary to fulfil Elements Wellness and Recovery ’s obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Elements Wellness and Recovery collects your personal information.

Once Elements Wellness and Recovery is no longer required to retain your personal information, Elements Wellness and Recovery will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.

15. Disclosing your personal information overseas

Elements Wellness and Recovery may disclose your personal information to other third party service providers operating outside Australia who work with Elements Wellness and Recovery or one of Elements Wellness and Recovery ’s suppliers, agents, or partners. Elements Wellness and Recovery may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.

Before disclosing your personal information to an overseas third party, Elements Wellness and Recovery will first take reasonable steps to ensure that the overseas recipient:

does not breach the Australian Privacy Principles in relation to your personal information; or
the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the Australian Privacy Principles protect the information.

Personal information may be disclosed by Elements Wellness and Recoveryt o other Elements Wellness and Recovery entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognized each of these countries as providing adequate protection of personal information.

If your personal information is collected using a document that references this Privacy Policy, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.

You acknowledge and understand that by providing such consent:

Elements Wellness and Recovery will not be required to take steps as are reasonable in the circumstances to ensure that such third parties comply with the APPs;
if the overseas recipient handles your personal information in breach of the APPs:
- Elements Wellness and Recovery will not be liable under the Act; and
- you will not be able to seek redress under Act.
the overseas recipient may not be subject to any privacy law or principles similar to the APPs;
- you may be unable to seek redress overseas;
- the overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.

If you withdraw consent, Elements Wellness and Recovery will not rely on this consent when dealing with your personal information going forward.

16. Anonymity

You have the option of not identifying yourself or using a pseudonym when dealing with Elements Wellness and Recovery provided that is it lawful and practicable.

Elements Wellness and Recovery will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:

Elements Wellness and Recovery is required/authorised by law or court/tribunal order to deal with identified individuals; or
it is impracticable for Elements Wellness and Recovery to deal with individuals who have not identified themselves.

It is Elements Wellness and Recovery ’s policy to enable you to access Elements Wellness and Recovery ’s website and make general phone queries without having to identify yourself and to enable you to respond to Elements Wellness and Recovery ’s surveys anonymously.

In some cases, however, if you don’t provide Elements Wellness and Recovery with your personal information when requested, Elements Wellness and Recovery may not be able to respond to your request or provide you with our service. For example, you must identify yourself to become a Elements Wellness and Recovery member.

17. Accessing to your personal information

You have the right, upon request, to access any of Elements Wellness and Recovery ’s records containing your personal information. To request access to your personal information please contact the Privacy Officer, set out at the end of this Policy.

Elements Wellness and Recovery will respond to your request to access your personal information within a reasonable period of time.

On the basis that it is reasonable and practicable to do so, Elements Wellness and Recovery will give you access to the information requested.

If Elements Wellness and Recovery refuses your request to access personal information, Elements Wellness and Recovery will provide a written notice setting out the reasons for the refusal & how you can complain about the refusal.

Reasons for a refusal may include if it:

poses a serious threat to the life, health or safety;
would have unreasonable impact on privacy of others;
is frivolous or vexatious;
relates to legal proceedings;
reveals Elements Wellness and Recovery ’s intentions or prejudice any negotiations;
would be unlawful;
is required or authorised by law or court/tribunal order;
is likely to prejudice enforcement related activities; or
relates to a commercially sensitive decision process.

When you make a request to access personal information, Elements Wellness and Recovery will require you to provide some form of identification (such as a driver’s licence or passport) so Elements Wellness and Recovery can verify that you are the person to whom the information relates.

18. Help Elements Wellness and Recovery keep your personal information accurate

Elements Wellness and Recovery will take reasonable steps to ensure Elements Wellness and Recovery ’s records of personal information are accurate, up to date and complete.

However, the accuracy of information depends to a large extent on the information you provide. If you do not give Elements Wellness and Recovery all the personal information Elements Wellness and Recovery may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Elements Wellness and Recovery provide may be affected.

If you think there is something wrong with the information Elements Wellness and Recovery holds about you please contact the Privacy Officer to:

let Elements Wellness and Recovery know if there are any errors; and
keep Elements Wellness and Recovery up-to-date with any changes, and Elements Wellness and Recovery will try to correct your personal information.

Elements Wellness and Recovery will respond to your request to correct your personal information and in a reasonable period of time. If Elements Wellness and Recovery refuses your request, Elements Wellness and Recovery will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.

If Elements Wellness and Recovery refuses to correct your personal information, you may request that Elements Wellness and Recovery associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Elements Wellness and Recovery will take reasonable steps to make the statement visible to users of your personal information.

If Elements Wellness and Recovery does correct your personal information and Elements Wellness and Recovery has previously disclosed your personal information to a third party, upon your request, Elements Wellness and Recovery will notify that third party of the correction unless it is impracticable or unlawful to do so.

19. Resolving your privacy issues

If you have any issues you wish to discuss with Elements Wellness and Recovery or if you’re concerned about how Elements Wellness and Recovery has collected or managed your personal information please contact the Privacy Officer.

For information about privacy or if your concerns are not resolved, contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.

20. Changes and access to this privacy policy

Elements Wellness and Recovery may, from time to time, review and update this privacy policy to take account of new laws and changes to Elements Wellness and Recovery ’s operations. Changes to this Privacy Policy will not affect Elements Wellness and Recovery ’s use of previously provided information.

This Privacy Policy is available on Elements Wellness and Recovery ’s website Elementswellnessandrecovery.com.au. A printed Privacy Policy can be obtained free of charge by contacting the Privacy Officer.

21. Elements Wellness and Recovery Privacy Officer

Elements Wellness and Recovery ’s privacy officer can be contacted at:

Email: info@elementswellnessandrecovery.com.au
Telephone: 0451 744 070
Post: 5/2 Energy Circuit. Robina, QLD 4226