Privacy Policy
The last update to this policy was 24 October 2023.
Introduction
This is the privacy policy of KOBODA PTY LTD (ABN 90 669 293 547) (Koboda or we, us, our) and applies to:
all of our business units and brands, including "Koboda Professional Development Partners" and "FlowMasters"; and
all websites operated by our business units and brands, including:
www.koboda.com.au; and
the FlowMasters online member community and online courses, which are hosted on the Thinkific platform available:
at https://flowmasters.thinkific.com (our Thinkific Page); and
via the Thinkific mobile app (the Thinkific App).
Please take a moment to read our Privacy Policy as it explains how we manage personal information including our obligations and your rights in respect of our dealings with your personal information.
Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices.
Key definitions
In this document:
"APPs" means the Australia Privacy Principles set out in the Privacy Act;
"personal information" has the meaning set out in the Privacy Act, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or otherwise;
"Privacy Act" means the Privacy Act 1988 (Cth); and
"sensitive information" has the meaning set out in the Privacy Act, and includes certain specific types of personal information such as health information, and information about a person's racial or ethnic origin, sexual orientation, religious beliefs or affiliations and criminal record.
1. How we collect your personal information
We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you.
We may collect the personal information you directly give us through some of the following means:
(a) when you make an inquiry in relation to, or place an order for, our goods or services;
(b) when you provide us with your information to sign up for our newsletter, or to gain access to the complimentary resources available on our websites;
(c) when you register an account with us;
(d) when you access or participate in our online member community;
(e) when you interact with us and other users on our third party social media pages (such as our LinkedIn page);
(f) when you participate in our activities and programs (for example, our online learning courses or our training or coaching services);
(g) in administering and performing any contracts with service providers;
(h) when you contact us via telephone or other means;
(i) from correspondence (whether in writing or electronically);
(j) while conducting customer satisfaction and market research surveys;
(k) when administering any of our services; and
(l) as otherwise required to manage our business.
In certain cases we may collect personal information from publicly available sources and third parties, such as suppliers, recruitment agencies, contractors and business partners. We also use various third party IT platforms to provide certain functionality for our websites, and to host our content and services (such as our FlowMasters online member community and online courses). When you use our websites, our Thinkific Page or the Thinkific App, these third party IT platforms may collect or receive information about you and provide that information to us. Please see section 4 of this Privacy Policy for further information.
Where we are engaged by your company, university or other organisation to provide you with our products and services (such as our e-learning courses or our training and coaching services), we may also collect information about you from your organisation in order to register you on our systems and provide you with these services.
If we collect personal information about you from a third party we will, where appropriate, tell you or request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.
We may also use automated technologies (such as cookies and other tracking technologies) to collect information about how you have interacted with our websites, our emails and our online member community, as described in this Privacy Policy.
2. Types of personal information we collect
The types of personal information we may collect can include (but are not limited to):
(a) your name, contact details (including billing and shipping address, email address and phone number), company and job title;
(b) your purchase, payment and billing information - including data to make purchases, such as your payment account details, credit card and debit card numbers, expiration date, shipping and billing address and details of products and services purchased;
(c) your preference and activity information – information about your preferences, needs, interests, opinions, activity and behaviour (including details of how you have used our websites, which content and services you have accessed, your progress / completion of our courses and other services, your use of our online member communities, and other information such as whether you have opened our emails and what links you have clicked on);
(d) account login information - including any information that is required for you to establish a user account, such as user name, password and security question and answer;
(e) your requests, any complaints you may have and any other data we receive if we communicate with you (including via telephone, email, online or via social media);
(f) feedback, comments and suggestions that you submit to us; and
(g) information collected automatically – including information about your device, IP address, device or service location, and browser, and your preference and activity information (as described above).
We also collect personal information that is relevant to the goods or services that you have asked us to provide. For example, where you use our training or coaching services we may collect:
(a) information about your education and employment history, qualifications and skills;
(b) information about your career goals, any career challenges you are currently facing, and what assistance you would like us to provide;
(c) the results of any on-boarding questionnaire you complete; and
(d) feedback provided by third parties such as your colleagues, where this is relevant to the services we are providing to you.
If you purchase our products or services, we may collect details about your access to and use of our websites and content and the products and services you purchase (including engagement and progress with the product/service, frequency of access and any results).
If you register an account with us, we will collect your account registration information and records about your activities using that account, such as how you have used our websites and content while logged into your account and details of the services and goods that you purchase using your account.
We only collect sensitive information about you with your consent, or otherwise where permitted by the Privacy Act.
Where you do not wish to provide us with your personal information, we may not be able to provide you with the goods or services you have requested.
3. Our purposes for handling your personal information
As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances.
We collect, hold, use and disclose personal information to:
(a) verify your identity;
(b) offer and provide you with our goods and services and the functionality of our websites and content;
(c) manage and administer those goods and services, including account keeping procedures;
(d) to operate, monitor, develop and improve our websites and content;
(e) optimise and customise the user experience (including content and advertising) for users of our websites and content;
(f) protect the security and integrity of our websites and content;
(g) develop and improve our products and services;
(h) communicate with you, including (but not limited to) emailing you tax invoices;
(i) comply with our legal and regulatory obligations; and
(j) otherwise to manage our business.
We may also use or disclose your personal information:
(k) for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
(l) for other purposes to which you have consented; and
(m) as otherwise authorised or required by law.
4. Who we disclose your personal information to
The types of persons, agencies and entities we typically disclose personal information to include (but are not limited to):
(a) our suppliers, contractors, organisations that provide us with technical and support services;
(b) our accountants, insurers, lawyers, auditors and other professional advisers;
(c) other Koboda customers / users, where:
(i) this is relevant to the Koboda goods and services that you are using; or
(ii) you have chosen to share information using the FlowMasters online member community, or using any other discussion forums or instant messaging features on our websites;
(d) any third parties to whom you have directed or permitted us to disclose your personal information; and
(e) in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors.
Where we are engaged by your company, university or other organisation to provide you with services, we may also share information about your participation in those services with your organisation (including your level of engagement and progress with the product/service, frequency of access and any results).
We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.
When you use our websites or access our content, products or services online (for example, through the Thinkific App), please be aware that:
Our FlowMasters online member community and online courses are hosted by Thinkific Labs Inc. (Thinkific). Thinkific provides us with the online course creation platform that allow us to provide our online courses to you, and provide you with access to the FlowMasters online member community, via our Thinkific Page and the Thinkific App. When you use our Thinkific Page or the Thinkific App to access our online member community, online courses or our other content, your data will be stored through Thinkific’s data storage, databases and the general Thinkific application. For more insight, you can read Thinkific’s Terms of Service (https://www.thinkific.com/resources/terms-of-service/) and Privacy Policy (https://www.thinkific.com/resources/privacy-policy/).
We also use Keap (a third party software platform) to provide various features that appear on our websites, such as the web forms that you use to submit your information to us (e.g. when you sign up for our mailing list) or to order products from us (e.g. when you order copies of the FlowMasters book). We also use Keap for other services including customer relationship management, email marketing and customer analytics. For more information, you can read Keap's Privacy Policy (https://keap.com/legal/privacy-policy).
If you make an online purchase from us, we may use a third-party payment processor such as Stripe or Paypal to process your payment. Some third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. We recommend that you read their privacy policies so you can understand how your personal information will be handled by these providers. Once you leave our website or are redirected to a third-party website or application, you will be subject to the privacy policies of that third party provider (and we are not responsible for the privacy practices of that third party provider).
If you choose to participate in our online member community or use certain features of our websites, your information may be shared with other users as part of these features (for example, direct messaging and discussion forums). We ask that you carefully consider what information you choose to share and post using these features.
5. Overseas transfers of personal information
Some of the third parties to whom we disclose personal information may be located outside Australia. These include our third-party technology service providers who provide us with various services such as web hosting, functionality for our websites, payment processing and data processing / storage.
The countries in which these third-party service providers are located will depend on the circumstances, but may include countries such as the United States, Canada, certain European Economic Area countries, Switzerland, New Zealand and Costa Rica.
Koboda is based in Australia, but our websites, content, products and services are also available to international users and customers. Where your use of our websites, content, products or services involves such international users or customers, we may share personal information with those users and customers as described in this Privacy Policy.
6. Protection of personal information
We will hold personal information as either physical records, electronically on our IT systems, in cloud storage, and in some cases, on third party servers (which may be located outside of Australia).
We strive to implement appropriate security measures to protect the personal information we hold, including by selecting reputable software and IT service providers and ensuring that our staff who have access to records containing personal information understand their privacy and information security obligations.
However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information. Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). Please notify us immediately if you become aware of any breach of security.
7. Our marketing and advertising activities
Like most businesses, marketing and advertising is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities.
We may provide you with information and advertisements about products, services and promotions from us, or from third parties which may be of interest to you, where:
you have asked us to (or have otherwise consented to us doing so); or
it is otherwise permitted by law.
Direct marketing
We conduct direct marketing through various channels, including by email, through social media platforms and over the phone.
If you would like us to stop sending you direct marketing communications, you can request this by contacting us (see our contact details in section 10 of this Privacy Policy).
Please note that there are certain types of communications that you may not be able to opt-out from, such as communications that we are required or permitted by law to send you.
E-mail analytics
We may use e-mail analytics to track and measure the success of our e-mail newsletters and other e-mail campaigns.
E-mail analytics may use technologies (such as tracking pixels) to collect information such as: which of our emails you have opened, which links you have clicked, which email client you are using, whether you opened our e-mail on a computer or mobile device, and the geolocation of your IP address. We use this data to analyse and improve the performance of our e-mail campaigns.
Internet advertising
We may collect and use information about you for the purposes of online targeted advertising services that help our ads to reach you (and other people who may be interested in our products and services) on websites, apps and social media platforms across the Internet.
Some of these services work by using non-identifying data about your behaviour and demographics that has been collected through cookies and other tracking technologies (such as pixels and device identifiers) when you use the Internet, including when you move between different websites and apps and use different devices. For example, third-party vendors may use cookies and/or device identifiers to serve ads based on your past visits to our websites. Your browser or device may provide you with the option to disable or opt-out of some of these cookies and other tracking technologies (such as device identifiers).
Other services require us to use limited amounts of your personal information. For example, we may include your information in a customer list that we provide to selected online advertising service providers so that we can conduct audience-based advertising. This allows us to show our ads to you (if you also use those platforms) and to other users of those platforms who share similar characteristics with you.
You can:
Opt-out of certain online targeted advertising networks directly by visiting:
the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/; and
the Network Advertising Initiative’s opt-out page: http://www.networkadvertising.org/managing/opt_out.asp
view the relevant social media platform's website to learn more about how they collect and use your information and adjust your preferences regarding the types of advertising you are shown.
8. Cookies
A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing our websites. This information will help to better adapt our websites to suit personal requirements. While cookies allow a computer to be identified, they do not permit any reference to a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
9. Accessing and correcting your personal information
You may contact us to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. If we refuse access, we will usually provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.
We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will usually provide you with a written notice stating our reasons for refusing.
We will respond to all requests for access to or correction of personal information within a reasonable time.
10. Resolving personal information concerns
If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact us:
Koboda - Attention - Privacy Officer
Post: PO Box 965, GISBORNE VIC 3437
Email: info@koboda.com.au
We take all complaints seriously and will respond to your complaint within a reasonable period.
If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au
11. Links
Our websites may contain links to other websites operated by third parties. We make no representations or warranties in relation to privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices and procedures.
12. Changes
We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. You can find the most up-to-date copy of our Privacy Policy on our websites.