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Mind Gut Co. Pty Ltd ACN 676 816 863 (Mind Gut Co., we, us or our) is committed to protecting the personal information of individuals who:
We have created this Privacy Policy to demonstrate our commitment to the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your personal information. A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.
To the extent that we offer Products and services to individuals in the European Union and the United Kingdom (Great Britain and Northern Ireland), or otherwise monitor the behaviour of individuals in the European Union and the United Kingdom (Great Britain and Northern Ireland), this Privacy Policy sets out how we comply with the European Union’s General Data Protection Regulation (GDPR). For the purposes of the GDPR, we are both a ‘data controller’ and a ‘data processor’ of personal information and are responsible for how personal information is collected and used.
By accessing or using this Website or our Shopify Platform, purchasing our Products online and/or accessing or engaging with our Social Media you agree, and where required, consent, to the collection, use and disclosure of your personal information as set out in this Privacy Policy.
It is important that you read and understand the terms of this Privacy Policy.
If you do not agree to us collecting, using and disclosing your personal information as set out in this Privacy Policy, then you must not access, register with or use this Website or our Shopify Platform, access or engage with our Social Media or submit any personal information to us.
For the purposes of this Privacy Policy, personal information has the meaning currently given in the Privacy Act. In general terms, personal information includes information or an opinion (whether true or not) that identifies an individual.
The types of personal information we collect depends on the type of dealings you have with us and includes information that is needed to facilitate the supply of our Products or other services to you. This may include, but is not limited to, any or all of the following information about you:
We may also collect sensitive information, including information about your health, when you interact with certain services on our Website (including the Quiz).
Our website is not intended for individuals under the age of 18. We do not knowingly collect personal information or sensitive information from minors.
Direct collection of personal information
We primarily collect personal information directly from you when you use our Website or our Shopify Platform, purchase our Products online or engage with our Social Media. We may also collect personal information from you when you have other dealings with us, for example, if you participate in any user surveys, participate in the Quiz, send us queries or complaints or otherwise provide us with feedback.
Indirect collection of personal information
We also collect information automatically through your access to, or use of, our Website, our Shopify Platform or our Social Media.
This includes information we receive from devices you use when you access and/or use this Website, our Shopify Platform and our Social Media, including from third party providers such as Google Analytics, Google Pay, Apple Pay, PayPal, Shopify, Mailchimp and/or CRM technology providers.
We (including the third party providers referenced above) may use cookies, web beacons, unique identifiers and similar technologies to collect information regarding your interaction with our Website, our Shopify Platform or our Social Media. When you access and/or use our Website, our Shopify Platform or our Social Media, details may be recorded about your use.
We may also collect your personal information from third parties if you have consented to this or this information is publicly available.
Note that we will not collect sensitive information, including information about your health, via indirect means.
Generally, we will tell you why we are collecting your personal information when we collect it and we will also tell you how we plan to use it, or this will otherwise be obvious when we collect the information. We will only use your personal information for the purpose disclosed, or otherwise as set out in this Privacy Policy.
We will not use your personal information for any other purpose without first seeking your consent, or otherwise where authorised or required by law.
We only collect or hold your personal information where it is reasonably necessary for our business functions or activities.
In particular, we require your personal information:
(the Primary Purposes).
Personal information provided to us may be used for other related purposes (the Secondary Purposes), where that purpose could reasonably be anticipated at the time the personal information was collected. Note that we will only use your sensitive information, including information about your health, for Secondary Purposes which are directly related to a Primary Purpose.
You do not have to provide us with any personal information, however if you do not, we may not be able to carry out some or all of the Primary Purposes or Secondary Purposes.
By submitting your personal information to us, you consent to us using or disclosing your personal information for:
We may also use and disclose your personal information:
Disclosure of personal information outside Australia
Note that some of our related entities, third party partners and third party service providers (or the services they provide) may be based outside Australia. By providing us with your personal information, you acknowledge that your personal information may be used, stored and disclosed overseas, including in jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
Use and disclosure of personal information in anonymised and aggregated form
In some cases, we may use and share personal information in an anonymised and aggregated form to improve the quality and design of our Website, Products and Social Media. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising, financing or research purposes.
We may also share non-personally identifiable information publicly and with our partners, financiers and prospective buyers. For example, we may share information publicly to show trends about the general use of our Products or demographic spread of our customers.
Use of your personal information for direct marketing
Where we have your express or implied consent, or where we are otherwise permitted by law, we may use your personal information to send you information about promotions, products (including the Products) or services we offer, as well as other information. As noted above, we may also share your personal information with marketing automation platforms and email marketing service providers (including Mailchimp) that we engage to provide these direct marketing communications on our behalf.
We may directly or indirectly (for example, via Mailchimp) send this information by mail, email, SMS and telephone or via an in-platform notification.
If you no longer wish to receive these communications, you may opt out at any time by using the unsubscribe facility that we use in our commercial electronic messages (via email or SMS). Alternatively, you may contact us at https://www.mindgutco.com/pages/contact.
Public information
Any information communicated by you via public forums available on our Website or Social Media becomes public information and we therefore cannot guarantee the security of this information.
Further, the transmission of information on the internet is never completely secure. While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
We will allow you to use a pseudonym or to remain anonymous unless this is impractical or against the law in line with the APPs.
In some instances, if you do not provide us with certain personal information, we may not be able to provide you with the relevant Products, services or information you have requested.
The security of your personal information is important to us and we take all reasonable steps to keep your personal information secure and protect it against misuse, loss, unauthorised access, modification or inappropriate disclosure.
We follow generally accepted industry standards to store and protect the personal information submitted to us, both during transmission and once we receive it. For example, we use appropriate website protection measures such as firewalls and anti-virus software and have security restrictions on access to our computer systems.
Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information in connection with the Products and services we provide.
We will store your personal information in accordance with applicable law, after which we take reasonable steps to destroy or permanently de-identify your personal information when we no longer need it.
If we are involved in a merger, acquisition, asset sale or change in control, we will use our reasonable endeavours to continue to ensure the confidentiality of any personal information and provide affected users with notice before personal information is transferred or becomes subject to a different privacy policy. We reserve the right to transfer or assign the information we have collected as part of such merger, acquisition, sale or other change in consent and you consent to the transfer of your personal information in such circumstances.
We retain your personal information for as long as necessary to fulfil the purposes for which we collected it unless a longer period is required or permitted by law.
If you tell us that you do not wish to receive marketing communications, we will keep this information about you until you tell us otherwise. This is to ensure that we do not send you any further marketing communications in error.
Our Website, our Shopify Platform and our Social Media may contain links to other websites, platforms or applications. These websites, platforms or applications may collect data (including personal information) about you, use cookies, and monitor your interaction with embedded content if you have an account and are logged in to that website, platform or application. We are not responsible for the privacy practices of the owners of those websites, platforms or applications. You should always read the applicable privacy policies on the other websites, platforms or applications before using them.
We will use our reasonable endeavours to keep your personal information accurate, complete and up to date. To assist us, you must provide true, accurate, current and complete information about yourself as requested. Additionally, if you find that the information we have about you is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality Products and services to you.
If you wish to access the personal information that we hold about you (including a summary of your personal information we hold), then you may make a request via our Contact page. For your protection, we may require you to confirm your identity before access to your personal information is granted.
We will endeavour to respond to your request within a reasonable timeframe (but not more than 30 days). If we need more time, we will seek to agree a longer period of time with you. If you do not agree, we may not be able to address your request.
We will give you access to or correct your personal information unless there is a lawful reason for refusing your request. If we deny access, we will provide you with the reason for such denial. We may reject requests that are unreasonably repetitive, require disproportionate technical effort, risk the security of our Products or services or the privacy of others, or are otherwise impracticable.
In most cases, we can provide you with a summary of your personal information free of charge. However, in some circumstances, we may recover from you our reasonable costs of supplying you with access to your personal information, subject to the Privacy Act and any other relevant laws.
In some instances, you may request that we delete your personal information. In accordance with and subject to relevant privacy laws (including the Privacy Act and the GDPR), you may object to certain personal information being processed and request that processing of your personal information to be limited.
If you access our products or services from Europe, you may have additional rights under the GDPR in relation to the handling of your personal information as set out below.
When you use our Website, our Shopify Platform or our Social Media, we may monitor your activity using automated processes.
In certain circumstances, in addition to the rights listed in the ‘Access and correcting your personal information’ section above, you may also have a right to:
Where your personal information is transferred outside of Europe, it will only be transferred to countries that have been identified as providing adequate protection for personal information, or to a third party where we have approved transfer mechanisms and/or contractual obligations in place to protect your personal information.
If you have any questions or complaints, please contact us at:
Mail: PO Box 6117, Hawthorn West 3122 VIC
Website https://www.mindgutco.com/pages/contact
Email: hello@mindgutco.com.au
Phone: +61 431 857 979
If we receive a complaint from you about how we have handled your personal information, we will determine what (if any) action we should take to resolve the complaint and endeavour to respond to your complaint within 30 days of receipt.
If we cannot resolve a complaint related to your personal information or you are dissatisfied with the outcome or handling of your complaint, you may wish to contact the Office of the Australian Information Commissioner (OAIC) directly. See www.oaic.gov.au for further information.
We may make changes or updates to this Privacy Policy at any time. We will publish any updated Privacy Policy here. It is your responsibility to review our Privacy Policy regularly and make sure you keep up to date with any changes.
Last updated: 17th May, 2024