Under the Act, “Personal Information” is defined as: “Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or not.”
1. ABOUT FOUND SPACE CO.
Found Space Co. is the supplier and manufacturer of smart infrared saunas that facilitates better health and wellbeing; a provider of health data tracking for sauna users; and a health and wellbeing education provider. Found Space Co. provides its’ services through a web-based platform that is accessible at www.foundspace.com.au and by mobile app on the Google Play and Apple App Stores. (‘Platform’).
In providing the Found Space Co. Platform, we are sensitive to Users’ concerns about the safety of their Personal Information. In essence, Found Space Co. will typically only:
- collect, use or share your Personal Information with your consent (unless it is not reasonable in the circumstances to obtain your consent and it is legally permissible for us to do so) or when required by a legal obligation; and
- interact with your Personal Information in order to: (a) provide Users with the Found Space Co. Platform and (b) help us improve and develop the Found Space Co.
Found Space Co. has developed our privacy framework to assist Users, and to comply with privacy legislation and regulations applicable to us and our management of your Personal Information.
2. HOW FOUND SPACE CO. COLLECTS YOUR PERSONAL INFORMATION
Found Space Co. collects Personal Information from individuals in one of three main ways:
- Directly from Users,when they interact with the Found Space Co. Platform (e.g. if a User submits information during the creation of their account);
- Passively from Users, when they interact with our Platform, social media pages and digital presence;
- From third-parties in certain,specific circumstances.
The specifics of Personal Information collected in each situation is discussed further below.
3. WHEN FOUND SPACE CO. COLLECTS INFORMATION FROM USERS AND WHAT WE COLLECT
- Personal Information collected directly
When you register an account on the Platform, we will collect the following Personal Information from you:
- Your name
- Email address
- Phone number
- Date of birth
- Any health related contraindications that may affect sauna use, including diabetes status, pregnancy status and existing heart conditions
- Sauna product(s) owned and used by you
When you send us an enquiry on the Platform, we will collect:
- Your contact details
- Details about your enquiry
We may also, during your use of the Platform, collect: details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
credit card and other payment information;
and any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information.
- Personal Information collected passively
As you use the online and digital components of the Platform (e.g. accessing our website, logging into your account on the Platform, utilising smart saunas, or interacting with our advertisements) or our broader services we may collect the following types of Personal Information about your usage:
- Content that you post and submit, including posts on our social media accounts or on the Platform, as well as similar content that is posted about you by others;
- The following types of browser, system and device information regarding Found Space Co.’ and other devices you use to access our digital content:
- Locational information, such as in the form of the IP address from which you access the Found Space Co.Platform;
- Web data tracking information, such as data from cookies stored on your device, including cookie IDs and settings, as well as logs of your usage of the Found Space Co. Platform;
- Locational information, such as in the form of the IP address from which you access the Found Space Co.Platform;
- System usage information, including logs of your access to the Platform.
- Health data collected based on your use of the Platform and any linked smart saunas, including heart rate, body temperature, breath rate, vitamin D levels, and blood glucose levels.
- Personal Information collected from third-parties
In certain specific situations, Found Space Co. will collect Personal Information about you from third-parties. The types of Personal Information collected include:
- web data tracking information that fit certain parameters of who we think could become Found Space Co. Users (e.g. heat maps developed through Google Analytics which track patterns of user interactions with our web pages).
4. WHY FOUND SPACE CO. COLLECTS YOUR PERSONAL INFORMATION AND WHAT WE USE IT FOR
Although Found Space Co. collects Personal Information from Users in a number of circumstances, Found Space Co. will only collect this information in order to provide and develop the Found Space Co. Platform and associated services. Here are the main ways we use Personal Information to achieve these objectives:
Communicating with Users
Found Space Co. will use basic contact and enquiry information in order to communicate with individuals about their enquiries, interest in events and for other administrative purposes related to the specific reason for which the Personal Information was collected.
If Users have consented, Found Space Co. will also use these types of Personal Information to share relevant news and updates about Found Space Co. and the Found Space Co. Platform.
Administration and delivery of the Platform
Found Space Co. will use basic contact and account registration information to engage with Users for administrative purposes (e.g. resetting account password, updating weight, heart condition, resetting email, sending push notifications to you about your account and sauna use) and to effectively and efficiently provide them with the Found Space Co. Platform and associated services (e.g. to set and receive sauna conditions, temperature and other controlled levels).
Health information collected through the platform will be anonymized and used for analytical purposes and to improve our product offerings, including creating suggestions for other users. Found Space Co. will not sell or transfer data to unauthorized third parties.
If you use a pseudonym when dealing with us or you do not provide identifiable information to us, we may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our Platform, do not sign into it or provide any information that might identify you.
Research and development
Found Space Co. will use survey information to develop, test and improve the Found Space Co. Platform and associated services. Found Space Co.’ preference will be to de-identify this information first).
Where Users have consented, Found Space Co. will use basic contact and enquiry to provide Users with relevant marketing materials and offers. Users can always opt out of this through the functionality provided in each marketing communication (e.g. by clicking “unsubscribe” at the bottom of an email).
5. FOUND SPACE CO. DISCLOSURE OF PERSONAL INFORMATION
Generally, Found Space Co. does not disclose Personal Information to any third-parties except:
- Service providers Found Space Co. engages to help us provide and develop the Found Space Co. Platform (e.g. cloud service providers or consultants); and
- Law enforcement agencies, or another party that has a legitimate legal right to access the information.
Found Space Co. does not currently disclose any Personal Information to overseas entities or third parties, except to the extent that our third party service providers have servers that may be located overseas.
If this changes in the future, we will endeavor to ensure overseas disclosures are always made once Found Space Co. has taken all reasonable steps to determine the information will be treated as at least as favourably under the Act and other applicable privacy laws.
6. FOUND SPACE CO. TREATMENT AND STORAGE OF INFORMATION
Found Space Co. general approach
Found Space Co. will keep your Personal Information confidential and not sell or knowingly divulge User information to any external third-parties, unless:
- We believe, in good faith, that we are required to share the Personal Information with a third party in order to comply with legitimate legal obligations;
- The disclosure is to a third-party processor of Personal Information that acts on our behalf and/or under our instruction in order to enable us to deliver the Found Space Co. Platform (e.g. a cloud service provider);and/or
- To protect the safety of Users, and the security of our Found Space Co.
Found Space Co. seeks the informed and voluntary consent of individuals whenever it collects their information, or as soon as possible after.
Users can always refuse or revoke this consent, but sometimes this will affect Found Space Co. ability to provide them with the Found Space Co. Platform and associated services. Found Space Co. will advise Users if this is the case.
De-identified information refers to information that cannot reasonably be used to identify a particular individual.
De-identified information that will never be able to personally identify particular individuals is referred to as anonymised information (e.g. statistics that show 90% of Users prefer to use the Platform between 5PM and 7PM). Additionally, de-identified information that can identify individuals only if it is combined with another, separate piece of information is referred to as pseudonymised information (e.g. governmental ID numbers in isolation).
Where possible Found Space Co. will aim to collect, store and use anonymised information as a first preference, and if not, then pseudonymised information.
However, sometimes it will be impractical for User information to be de-identified or treated in this way, and in this case, Found Space Co. will continue to use and hold the information in a personally identifiable state. For example, if Found Space Co. needs to reply to a User enquiry, we will have to use the contact information provided.
Found Space Co. is committed to information security. We will use all reasonable endeavours to keep the Personal Information we collect, hold and use in a secure environment..
When information collected or used by Found Space Co. it is stored on third-party service providers (e.g. AWS cloud servers) and transmitted using encrypted means. Found Space Co. takes reasonable steps to ensure these third-parties use industry standard security.
As part of our privacy framework, we endeavour to routinely review these security procedures and consider the appropriateness of new technologies and methods.
When transmitting Personal Information from your computer to the Found Space Co. website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
The Found Space Co. website may use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but if you do so, you may not be able to fully experience the interactive features of the Found Space Co. website.
In the circumstances where Found Space Co. suffers a data breach that contains Personal Information, we will endeavour to take all necessary steps to comply with the Notifiable Data Breach Scheme outlined under the Act.
This means we will immediately make an objective assessment of whether a breach of Personal Information is likely to result in serious harm to individuals, and if this is the case, endeavour to notify the affected individual(s) and the Australian Information Commissioner.
7. FOUND SPACE CO. RETENTION OF INFORMATION
Found Space Co. retains Personal Information until it is no longer needed to provide or develop the Found Space Co. Platform and associated services, or until the individual who the Personal Information concerns asks us to delete it, whichever comes first. It may take up to 30 days to delete Personal Information from our systems following a valid request for deletion.
However, Found Space Co. will retain:
- Personal Informationin circumstances where we have legal and regulatory obligations to do so (e.g. for law enforcement purposes, employment law, corporate or tax record keeping, and where the information is relevant to legitimate legal proceedings, or in keeping with its’ requirements under other Australian record keeping legislation such as the Public Records Act 1973 (Vic)); and
- Anonymised informationfor analytic and service development purposes.
8. MANAGING PERSONAL INFORMATION YOUR INFORMATION
Accessing and ensuring the accuracy of Personal Information
Found Space Co. takes reasonable steps to ensure that the Personal Information we collect and hold is accurate, up to date and complete.
Users have a right to access and request the correction of any of Personal Information we hold about them at any time. Any such requests should be made by directly contacting us at the details set out below. Found Space Co. will grant access to the extent required or authorised by the Act and applicable laws, and will take all reasonable steps to correct the relevant Personal Information where appropriate. We may charge a reasonable fee that is not excessive to cover the charges of retrieving your personal information from our customer account database. We will not charge you for making the request.
If you believe that we hold personal information about you that is not accurate, complete or up-to-date then you may request that your personal information be amended. We will respond to your request to correct your personal information within a reasonable timeframe and you will not be charged a fee for correcting your personal information.
There may be circumstances in which Found Space Co. cannot provide Users with access to information. We will advise you of these reasons if this is the case.
Contacting Found Space Co.
Found Space Co. has appointed a Privacy Officer to be the first point of contact for all privacy related matters and to assist in ensuring our compliance with our privacy obligations.
29/137-145 Rooks Road, Nunawading VIC 3133
If you have any queries or wish to make a complaint about a breach of this policy, the Act or the Health Records Act, you can contact or lodge a complaint to our Privacy Officer using the contact details above. You will need to provide sufficient details regarding your complaint as well as any supporting evidence and/or information.
The Privacy Offer will respond to your query or complaint as quickly as possible. Found Space Co. will contact you if we require any additional information from you and will notify you in writing (which includes electronic communication via email) of the relevant determination. If you are not satisfied with the determination you can contact us to discuss your concerns or complain to the Australian Privacy Commissioner via www.oaic.gov.au.