Despite our fun loving nature, with products aimed at children we take privacy very seriously at Elanation Pty Ltd. We are committed to protecting and maintaining the privacy, accuracy and security of the personal information provided to us. As a minimum we adhere to the Australian Privacy Principles set forth in the Privacy Act (Cth) 1988. This Privacy Policy outlines what data we collect, and how we collect, use and disclose that data. We will also let you know how you can access the personal information that we hold about you, or complain if you think we’ve breached your privacy. The policy applies to personal information collected by Elanation by any means or technology, and whether we have requested the information or not. By using the websites, applications or products of Elanation (collectively, the “Platform”), or otherwise interacting with us, you consent to Elanation using your personal information as outlined in this policy. You agree to comply with and be bound by this Privacy Policy, as may be modified from time to time, whilst accessing or using the Platform. If you are under the age of 18, you must obtain your parent or guardian’s consent to use the Platform and ensure that they have reviewed this privacy policy and our Customer Terms of Use. If you (or your parent or guardian) do not agree to the terms of this Privacy Policy, you should not provide us with any personal information in relation to your access and use of the Platform.

Links to Other Sites

The Elanation Platform may contain links to other websites, or apps which are not owned or controlled by Elanation. We are not responsible for the privacy practices or content of those third party sites or apps and therefore you use those sites at your own risk. Certain applications are also available to download on third party sites such as the Apple App Store, and are not controlled by Elanation. We always encourage safe online behaviour and would recommend that you review the privacy policies of third party websites and applications before using them.

Public Forums

While the chat and other forums on the Elanation Platform may be restricted to a choice of pre-determined text, it is worthwhile to remember that generally, any information that is disclosed in these sort of environments (including social media networks) becomes public information and care should be taken when deciding to disclose any personal information online. This includes such things as including personal information in usernames, which we discourage. As these environments are public, Elanation cannot be responsible for the protection of any personal information you choose to disclose in the chat or other forums which are available on the Elanation Platform.

Collection of Information

In the process of conducting our business we may collect a wide range of information from you. The types of personal information we are likely to collect includes contact name, email address, age, gender, shipping address, billing address, phone number, IP address, device information, account credentials (passwords etc), user agent (internet browser), communication preferences, sports and other hobby interests and preferences, searches made and pages visited on our websites or in apps, transactional data on our Platform including your payment history, physical activity details as recorded by the personal fitness and electronic body monitoring Products sold by Elanation, and correspondence you send to us. If you enter competitions organised by us, there may be additional information collected. If you choose not to provide us with your personal information, we may not be able to provide you with access to and use of certain features of the Platform or supply you with hardware purchased through the Platform.

Credit Card Information

We do not collect or store any credit card information processed through our website. This information is collected and processed by our payment gateway supplier, who is PCI-DSS compliant and secure. We may store an encrypted token that allows us, and only us, to ask the payment gateway provider to process a refund or take a further payment should you create an account and want to use our services again.

How do we collect information

We collect personal information when you submit it to us online, through correspondence, attending our stand at a trade show, or participating in a public demonstration; by placing an order online; registering as a user; downloading our apps; participating in online games; entering competitions; or by using our website or apps including syncing our products to the apps. In some circumstances we may also collect personal information from publically available sources, or third parties, such as our business partners when we are responsible for delivering services directly to you.

You have the option to remain anonymous, or use a pseudonym when dealing with us, however this will limit our ability to deliver goods or services to you. If you make this choice and the personal information is necessary in order to access a product or feature, you may not be able to access the product or feature. We highly recommend you do use a pseudonym when creating your username in the Platform.

How we use personal information

Elanation may use your personal information for the purposes for which it was initially collected, or for purposes related to the initial purpose where this would be within your reasonable expectations. For example, to:

  • provide you with our products and services you have requested (including physical products, and access the Platform);
  • send you information about features on our Platform or changes to our policies;
  • provide you with email news and offers (where you haven’t opted out of receiving such emails) relating to Elanation and third party products and services as consistent with privacy laws and any controls available to you. Note that you need to opt in to receive these communications and each one will provide the option to unsubscribe from future emails;
  • respond to questions or product and warranty requests and other communications about your account or transactions with us;
  • display content and information you may be interested in;
  • personalise content and your experience on our Platform,
  • develop and improve our Platform by analysing how it is used, what sections of the Platform and features are most popular, how long is spent using the services etc.;
  • enforcing the Customer Terms of Use and Brand and Asset Guidelines and preventing potentially prohibited or illegal activities;
  • detect, investigate and prevent fraud and criminal acts as well as acts that may violate this Privacy Policy, the Customer Terms of Use or the Product Supply Conditions;
  • conduct competitions and promotions in which you participated; and
  • for any other purposes disclosed to you at the time of collection, pursuant to your parent or guardian’s) consent or where otherwise authorised by law.

We may also aggregate and anonymise your information with information about other users in which case the information will no longer identify, and cannot reasonably be used to identify an individual.

Competitions

From time to time Elanation may run competitions by ourselves, or with our business partners. Subject to any “conditions of entry” that may be applicable to the particular competition, by entering and participating in the competition you consent to:

  • the collection of the personal information required by the competition, most likely including: your name, age, email address, and any competition specific questions;
  • disclosure of your personal information to our business partners; and
  • receiving marketing and promotional communications from us and our business partners from time to time. You will be able to opt out of further communication.

Disclosure of personal information

We never share, sell or disclose your personal information to other organisations, except as outlined in this Privacy Policy. We may share information that is provided to us in the following circumstances:

  • Authorised third party service providers. These parties include such organisations as mailing systems and courier companies which organise delivery of the products you have purchased on the Platform, technology service providers such as digital mail providers who send communications on our behalf, internet service, data aggregation and database management providers such as those who analyse usage information so we can determine which services to improve, financial service providers such as Payment Gateway and fraud services.
  • Legal Purposes. To our lawyers, accountants, auditors and other professional advisers as required by law. Also when required to do so by a court or under applicable laws or regulation, or where requested by a government agency. Also when we consider that an individual or entity may be engaged in fraudulent activity that a governmental department or agency should be made aware of. Finally, to appropriate persons where communications suggest possible harm to yourself or others.
  • Business Transfers. We may share information in connection with a substantial business transaction such as the sale of part or all of the services, or a merger or consolidation, or the sale of part or all of the shares of the company to investors.

We also may share or sell aggregated and anonymised data that cannot identify you, with third parties, including to help research into health and fitness levels and habits, and to help us develop and offer content and services which we feel you will find of interest, or will help our business partners to develop their own content and service offerings.

These third party service providers and business partners may be located in Australia or overseas, including having data centres located in, but not limited to USA, Asia and Europe.

Rate and Review

If you provide a rating or a review for our products or the Platform, then you agree that we may publish part, or all of your review together with your username.

Cookies

A cookie is a small text file that is kept on a user’s computer for record keeping purposes. We use cookies on the websites operated by Elanation, but do not use them in the apps. Cookies are used by Elanation to record your preferences when visiting our websites, identify repeat customers and make it easier for you to navigate our websites. If you reject cookies, you may still use the website, however some features may not be available to you.

Some of our business partners (eg tracking utility company) also use cookies on our website. A tracking utility company uses cookies to analyse your navigation around our websites. This information is generally not personally identifiable, and is analysed to determine user navigation preferences, and provide feedback so we can make improvements to our websites.

Protection of Information

Elanation takes reasonable steps to ensure that your personal information is protected from loss, misuse or alteration. We have adopted technical, administrative and physical procedures to assist with the security of your information. However, please note that no data storage or data transmission can be 100% secure or error free. We want you to feel confident and secure using our services, but we cannot warrant that your information is totally protected.

How to access and, if necessary, seek correction of your personal information

If you need to access, or correct, personal information that we hold about you, please contact us on info@taffydev.com.au. We will be happy to respond or update personal information when we receive a request in writing from the owner of that personal information. However, in order to protect your privacy and security, we will take reasonable steps to verify your identity prior to granting you access to, or correcting your personal information. Depending upon the request, as the owner of the information, you may be asked to complete a personal information request form. We endeavour to respond to any request within a reasonable timeframe and expect this to be no later than 30 days. In some limited circumstances, Elanation may not be able to grant access to personal information and if this is the case, this will be outlined to you in our response.

Changes in the Privacy Policy

We reserve the right to make changes to our Privacy Policy at any time. These changes may reflect changes in the law, our practices, or features of the products. The changes will be effective immediately upon publication, therefore please check back here to ensure you are up to date on the most current policy and practices. If there are material changes to the terms, we will endeavour to notify you by posting a news item on our Platform. If you are under the age of 18, please ask your parent or guardian to review the revised policy. By accessing and using the Platform you agree to the terms and conditions of this Privacy Policy and by continuing to access and use the Platform after any changes, you agree to be bound by those changes.

Contact Us

If you have any questions about this Privacy Policy, or a complaint, please get in contact. We will respond to any complaints as soon as possible, but will endeavour to resolve within 30 days. If we cannot resolve the complaint within this timeframe, we will contact you to advise the current status and the time required to resolve the complaint.

Our contact details are:
Elanation Pty Ltd
Attention: Privacy Officer
info@elanation.com

If you believe that Elanation has not adequately dealt with your complaint, you may refer it to the Information Commissioner, whose contact details can be found on their website: https://www.oaic.gov.au/