At Functional Patterns LLC (“FP”, “we”, “our” or “us”) we recognise the importance of your privacy and understand your concerns regarding the security of the personal information which you provide to us.
While our Site may contain links to other websites owned by third parties, those websites are not subject to our privacy standards, policies and procedures. We recommend that you make your own enquires as to the privacy policies of these third parties and we are in no way responsible for the privacy practices of these parties.
1. Definition of personal information
“Personal information” or “personal data” means any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier
2. How we collect and hold personal information
We collect certain personal information directly from you. For example, we collect personal information from you from the information you submit to us via the Services, in emails, from telephone calls with us and from your activity on our Services.
If we receive personal information that we have not requested (unsolicited information) then we will destroy or de-identify the information if it is lawful and reasonable to do so.
3. What personal information we collect and hold
Information collected directly from you
We may obtain certain personal information from you when you choose to provide it through our Services.
Examples of the types of personal information that we may collect from you include:
- contact information, such as your name, postal address, e-mail address and
- when you make a purchase, you billing and shipping address will be collected;
- relevant photo identification; and
- any other personal information you upload or submit on our Services.
Information we collect automatically
We may automatically collect information from you and your devices when you browse or use our Services. We may record usage information, geographical tagging, Cookies and other statistical data. This may include your IP address, date and time of your visit, the type of device you use to access the Services, operating system, language preferences, pages visited, information downloaded and the type of browser used to access the Services.
We use this information to help us to make decisions about maintaining and improving our Services and online services.
We use technologies like cookies, pixel tags and web beacons to recognizes you when you to visit our website or use our Services and to provide, improve, protect and promote our Services.
What are cookies?
A “cookie” is a small text file which is placed on your computer or device by our webpage servers when you access our Services. The purpose of a cookie is to help analyse web traffic and to allow our Services to respond to you when you return to our Services. Cookies are also used to enhance the secure use of our Services.
Cookies are frequently used and in themselves do not identify the user, just the computer used.
When you browse our website or use our Services, we may record geographical tagging, cookies and statistical data. This may include your IP address, date and time of your visit, operating system, language preferences, device characteristics, pages visited, information downloaded and type of browser used to access the Services.
Cookies help us: remember your username for your next visit; remember information regarding your recent drives; and understand how you are interacting with our Services so that we can improve them based on that information.
We also may use “web beacons” on our Services. A web beacon, also known as a pixel tag or clear GIF, may be used to transmit information collected through cookies to our service providers’ servers, such as the server of Google AdWords.
These web beacons enable our service providers to compile anonymous information about your browsing activity on the Services.
You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. However, if you decide not to display cookies you may not experience optimum performance of our Services.
We may use third-party web analytics services on our Services, such as Google Analytics. These service providers help us analyse how users use our Services.
Information collected from Instructors
From time to time, FP will collect information from its third party instructors that you provide to the third party instructors whilst undertaking your training. This information will include name, email address, contact number and residing address.
Such information is used to help us make decisions about how deliver the Services.
4. Why we collect, hold, use and disclose personal information
We collect, hold, use and disclose personal information from you or about you where it is reasonably necessary for us to carry out our business functions and activities and as necessary to provide our services to you. We also collect, hold, use and disclose your personal information for related purposes that you would reasonably expect, such as our administrative and accounting functions.
Specifically, we may collect and hold information about you to determine your eligibility for enrollment in different courses that FP provides, this will be dependent upon information that outlines the courses you have previously undertaken. We will also use your personal information for our business purposes and to determine geographically, the places that are best suited for FP to deliver future courses to.
For example, we may use the information obtained through the Services at your request to:
- create and manage your account;
- permit you to participate in blogs, forums, and discussion groups;
- respond to and communicate with you about your requests, questions and
- allow you to purchase our products and services available through the Services;
- process claims we receive in connection with our products and services.
If we do not collect, hold, use or disclose your personal information, or if you do not consent, then we may not be able to answer your enquiry, complete the transaction you have entered into, or provide our services to you to the best of our ability.
- recognize your computer when you visit the Site;
- track you as you navigate the Services, and to enable the use of e-commerce capabilities;
- offer and provide products, services and information to you;
- display content on our Services, such as stories, product reviews and photos;
- operate, evaluate and improve our business;
- improve the Services usability and manage the Services;
- analyse your use of the Services;
- manage the Services;
- personalize the Services, including targeted advertisements that may be of particular interest to you;
- help diagnose technical and service problems;
- identify users of our Services; and
- gather demographic information about our users.
We use such information to assist us in providing an effective service (for example, to adapt our website to the needs of your device or to allow you to log in to our website), and to collect broad demographic information for identified, aggregated use.
We may also use your personal information for purposes which are required by law such as sharing your personal information in order to comply with legal obligations to which we are subject.
5. Automated decision making
We use Shopify to identify the details of individuals who have purchased our products; these individuals are then added to our FP App. This assists us create efficiencies in the development of our products as well as better market our products in the future.
We may use your information to offer you products and services that we think may be of interest to you, unless you have opted out of marketing communications.
We will never provide your information to third parties for marketing purposes without receiving your consent
7. Lawful Basis for Processing Your Information
We normally collect or use information from you where we have your consent to do so, where we need the information to perform a contract with you or to provide our services or products to you upon your request, or where the processing is in our legitimate interests and not overridden by your data protection interests or rights and freedoms.
For example, when we:
- use information to create and manage your account, we need it in order to provide the relevant services;
- use information to effect a transaction you have requested, we need it in order to provide you with the products you are purchasing;
- use names and email addresses for email marketing purposes, we do so with your consent (which you can revoke at any time); and
- gather usage data and analyze it to improve our Services and services, we do so based on our legitimate interest in safeguarding and improving our Services and services.
8. Disclosure of Information
Information shared to third parties
We will disclose personal information to third parties if it is necessary for the primary purpose of collecting the information, or for a related secondary purpose, if the disclosure could be reasonably expected. Where such a disclosure is necessary, we will require that the third party undertake to treat the personal information in accordance with all applicable privacy laws to which we are bound.
We may share your personal information as follows:
- to companies that are related to us through common ownership; and
- to FP practitioners who assist in providing the services to you.
Where we wish to use or disclose your personal information for other purposes, such as for marketing purposes, we will obtain your prior consent.
Otherwise, we will only disclose your personal information to third parties without your consent if the disclosure is:
- necessary to protect or enforce our legal rights or interests or to defend any claims;
- necessary to prevent or lessen a serious threat to a person’s health or safety;
- required or authorised by law; or
- permitted by another exception in the applicable privacy laws.
Third Party Analytics Services
We may use third-party web analytics services on our Services, such as Google Analytics. These service providers help us analyse how users use our Services.
The information collected for this purpose (including your IP address and other information collected by automated means) will be disclosed to or collected directly by these service providers. These service providers may retain and use anonymized, aggregated data collected from users of our Services in connection with their own businesses, including in order to improve their products and services.
In the event that we undergo reorganisation or are sold to a third party, any personal information we hold about you may be transferred to that re-organised entity or third party in compliance with applicable law.
9. How we protect your personal information
We respect the privacy of personal information and will take reasonable steps to keep it strictly confidential.
Your personal information may be held and stored on paper, by electronic means or both. We have physical, electronic and procedural safeguards in place for personal information and take reasonable steps to ensure that your personal information is protected from misuse, interference, loss and unauthorized access, modification and disclosure.
The steps we take to protect your personal information include the following:
- data held and stored on paper is stored in lockable offices and in secure premises;
- data held and stored electronically is protected by internal and external firewalls, limited access via file passwords, and files designated read-only or no access;
- when transferring information to others, we ensure that appropriate and suitable safeguards and data protection measures are in place to protect your personal information;
- where we disclose personal information to third parties our contractual arrangements with them include specific privacy requirements;
- only authorised personnel will have access to personal information;
- our staff receive training on privacy procedures;
- Any photo ID we request will be encrypted and only viewable by the recipient.
Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via our website whilst it is in transit over the internet and any such submission is at your own risk.
10. Overseas transfers of information
Given the FP operates on a global scale, your personal information is likely to be disclosed to representatives of FP across the world including Australia, Brazil, Canada, Hawaii and the United States of America. By using our Services you consent to such disclosure. We will only disclose your information to such locations if permitted by law.
If your personal information is disclosed to another country we will ensure that any disclosure is in accordance with the relevant laws, and that appropriate safeguards are put in place.
11. Retention of Information
We will only retain your personal information for as long as is reasonable necessary in relation to the purposes for which it was collected. We will also retain personal information to ensure compliance with any applicable statutory or regulatory obligations imposed on us in relation to the retention of records.
Where you have requested we stop processing your personal information for marketing purposes, we may retain a record of your request to ensure we abide by your request in the future.
12. Destruction and De-identification
When your information is no longer needed, or if you request that we delete any personal information which we hold about you, we will use secure methods to destroy or to permanently de-identify your personal information when it is no longer needed. For example, paper records are shredded or destroyed securely and any electronic records are deleted from all locations, to the best of our ability, or permanently de-identified.
13. Your Rights
Under the legislation applicable to you, you may be entitled to exercise some or all of the following rights:
A. Request (i) information as to whether your personal information is retained and (ii) access to and/or duplicates of your personal information retained, including the purposes of the processing, the categories of personal information concerned, and the data recipients as well as potential retention periods.
B. Request rectification, erasure, removal or restriction of your personal information, for example, because (i) it is incomplete or inaccurate, (ii) it is no longer needed for the purposes for which it was collected, or (iii) the consent on which the processing was based has been withdrawn.
C. Refuse to provide us with, or withdraw, your consent to processing of your personal information at any time.
D. Object, on grounds relating to your particular situation, that your personal information shall be subject to processing. In this case, please provide us with information about your particular situation. After the assessment of the facts presented by you we will either stop processing your personal information or present you our compelling legitimate grounds for an ongoing processing.
E. Object to us sending you direct marketing and profiling you for the purpose of direct marketing.
F. Object to your data being subject to any automated decision making, including profiling (decisions based on data processing by automatic means, for the purpose of assessing several personal aspects).
G. In certain circumstances receive your personal information that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without hindrance from us.
H. Lodge a complaint regarding our processing of your personal information with a relevant authority in a country where you live, work, or where you believe a breach may have occurred, or take legal action in relation to any potential breach of your rights regarding the processing of your personal information.
14. European Union Data Transfers
We are based in the Hawaii. By using our services you consent to the transfer of your personal information to Hawaii, and the processing and use of that data in Hawaii.
These Services are not directed at children under the age of 13. We do not knowingly collect personal information from children under 13.
If we learn that we have collected personal information of a child under 13 years old we will take steps to delete such information as soon as possible.
This policy was last updated on 13 July 2018.