Date Last Revised 18 July 2024
1. Introduction
By publishing this Privacy Policy, Midgame Coaching Pty Ltd (“Midgame Coaching”, ”us” or “we”) aim to make it easy for our clients (“Client”) and the public to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession. This Privacy Policy follows the standards of the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act). This policy describes the key features of how we protect your Personal Information. By using or accessing Midgame Coaching’s services (“Services”) in any manner, you accept these practices and policies, and you agree to our collection, use, and sharing of your information as described in the Policy. If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified. Our Services are unavailable to persons under the age of 18 years without their parent or legal guardian’s consent. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.auWe may update the Policy at any time, without prior notice. It is your responsibility to check from time to time for updates. The date of last modification will be posted at the beginning of the Policy, and we may provide notice on our site or by email that the Policy has changed. By continuing to use the Services, you agree to any modifications to the Policy. We are based in the Australia. No matter where you are located, you consent to our processing and transferring of your information in and to Australia and other countries.
2. The Information We Collect
In the course of business, it is necessary for Midgame Coaching to collect Personal Information. Personal Information is information or an opinion that identifies an individual. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. We may collect Personal Information from you when you use this website, in e-mail, text, and other electronic messages between you and this website, when you use the Services and when you interact with our advertising and applications on third-party websites and services.
Without limitation, the type of information we may collect is:
a) Self-disclosed information when you use the Services. This collected information may include:
A. Necessary information for registration, such as your email address and preferred username;
B. Information directly provided by you as you establish your profile on the Services, such as your name, demographic details, and family information;
C. Contact details, such as an individual’s email address, telephone number, third-party usernames, residential, business, and postal addresses, and any other information enabling us to communicate with the individual;
D. Information supplied when you post material or request additional services;
E. Information furnished when you report issues to our website or Services; and
F. Your responses to surveys that we may request for research purposes.
We may collect non-Personal Information about an individual such as information regarding their computer, network and browser. Where non-Personal Information is collected the Australian Privacy Principles do not apply. When you engage with the Services, we automatically collect and record data from your browser, which may encompass your IP address, device identification and cookie data.
3. Sensitive Information
Sensitive information, as defined by the Privacy Act, encompasses details or opinions regarding an individual's racial or ethnic background, political views, affiliation with political organisations, religious or philosophical convictions, membership in trade unions or professional bodies, criminal history, or health-related data. We will utilise sensitive information solely for:
a) The primary purpose for which it was initially obtained;
b) Any secondary purpose directly associated with the primary purpose; and
c) With your explicit consent; or as necessitated or authorized by law.
4. Financial Information
To utilise our Services, you may be required to provide certain financial information for billing purposes related to your purchased Services. It's essential to note that your financial data will be collected by a third-party payment processor, with whom we've partnered to handle our financial transactions. We will not have direct access to your payment information. Midgame Coaching utilises Stripe as our payment processor, and for additional details we recommend reviewing Stripe's Privacy Policy at https://stripe.com/privacy for additional details.
5. When Collected Information is Used and Disclosed
We gather information about you for various purposes, including but not limited to:
a) keeping you informed about our Services, relevant products, offers, or services that might interest you;
b) maintaining the quality of our Services, including the prevention of improper activities as outlined in our Terms of Service;
c) enhancing and operating our Services;
d) safeguarding the security and integrity of our platforms;
e) sharing relevant information with our partners and associated services to facilitate transactions and service provision;
f) fulfilling legal obligations, including those to law enforcement agencies, partners, associated services and other users; and
g) undertaking any other purpose for which the information was initially collected.
6. Access and/or Update Information
Under the Australian Privacy Principles, individuals hold the right to request their Personal Information from us, and we are obligated to furnish such details within 28 days upon receipt of their written request. Should an individual be unable to update their own information, we commit to rectifying any inaccuracies within the Personal Information we retain within 7 days upon receiving written notice of such errors. It remains the individual’s responsibility to furnish us with accurate and truthful Personal Information, for which we cannot be held liable if inaccuracies occur. Should an individual request disclosure of their Personal Information, we reserve the right to charge a reasonable fee to cover the costs incurred in fulfilling their request. In order to protect your Personal Information we may require identification from you before releasing the requested information.
7. Maintaining the Quality of your Personal Information
Ensuring the accuracy and currency of your Personal Information is vital to us. We will undertake reasonable measures to ensure that your Personal Information remains accurate, complete, and current. If you discover any outdated or inaccurate information in our records, please inform us promptly so that we can update our records and maintain the quality of our services to you.
8. Principles of Use
We commit to using Personal Information only for the purpose for which it was collected, unless otherwise permitted by the individual. Personal Information will be retained for the duration necessary to fulfil the purposes outlined in this Policy, unless otherwise mandated by law. If disclosure of Personal Information to third parties is necessary, we will do so in compliance with applicable privacy principles and regulations, informing affected individuals accordingly. We do not disclose or sell Personal Information to unrelated third parties under any circumstances.
9. Disclosure and Compliance
We engage external companies and individuals to perform tasks on our behalf, requiring us to share your information with them in order to provide you with products or services. For example, we may employ a payment processing company to securely and efficiently manage your credit card transactions. We may disclose an individual's information in circumstances involving suspected fraudulent, deceptive, or unlawful activity, as required by law, or in the event of a business sale. We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights of Midgame Coaching, our users, or others. Personal Information will not be disclosed to entities outside Australia without comparable privacy protections, and we will take reasonable steps to ensure data security in such instances. Regarding Personal Information collected or provided as per this Policy:
a) We may share it with our subsidiaries, affiliates, contractors, service providers, and other third parties integral to supporting our business.
b) In the event of a merger, divestiture, or sale of some or all of Midgame Coaching’s assets, including Personal Information, it may be transferred to a financing source, buyer, or successor.
c) Personal information may also be disclosed to fulfil the purpose for which it was provided or as otherwise disclosed at the time of collection, with your consent.
d) Additionally, your Personal Information may be disclosed to comply with legal obligations, enforce terms of service and agreements, or to protect the rights of Midgame Coaching, our users, customers or others.
10. Third-Party Service Providers
We may engage third-party service providers, such as Gmail and Calendly, for communication and storage purposes. These providers are based in the United States of America. We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information. Please review their privacy policies for more information. You may follow links on our websites to other third-party websites. We encourage you to always read the privacy policies. We are not responsible for the information on, and the contents of, those third-party websites or their practices or policies.
11. Complaints and Disputes
If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below. If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us. If we become aware of any unauthorized access to an individual’s Personal Information, we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
12. Security
We endeavour to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Any transmission of Personal Information is at your own risk. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We are not responsible for circumvention of any privacy settings or security measures contained on the website. The safety and security of your information also depends on you. We ask you not to share your password with anyone. We also urge you to be careful about giving out information in public areas of the website like message boards. The information you share in public areas may be viewed by any user of the website. If you are younger than 16, you may not download or use our Services. If you are 16 or older but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by the Policy and agreement. If you are a parent or legal guardian agreeing to the Policy and agreement for the benefit of a child who is 16 or older but under the age of 18, you are fully responsible for his or her use of the Services. If you reside in the European Economic Area (“EEA”), Brazil, or another eligible country (pursuant to GDPR - Data Protection Rights), you have the right to exercise certain data subject rights as provided by relevant data protection laws. We will adhere to requests to exercise these rights in accordance with applicable legislation. If you are entitled to these rights, you may have the opportunity to exercise the rights. If you would like to exercise any of these rights, please contact us at:
Email: midgamecoaching@gmail.com
