Privacy Policy | Performance Mindset

The Company, as defined below, is committed to protecting the privacy of its individuals and is bound by the Australian Privacy Principles (‘APPs’) set out in the Privacy Act 1988 (as amended from time to time) (‘Act’). We will only collect, use or disclose personal information in accordance with the Act and this Privacy Policy.

This Privacy Policy applies to the collection, use, disclosure and handling of personal information (including sensitive information as defined by the Act) by the ‘theperformancemindset.com.au’ trading as “Nikhil Badkundri”, including personal information (and sensitive information) collected via this Website (‘Website’).

This Privacy Policy explains, in general terms, how the Company protects the privacy of your personal information and sensitive information under the APPs. The APPs set out in this Privacy Policy will only apply to personal information or sensitive information as defined in the Act (where applicable) (the ‘Personal Information’) or opinions you provide to the Company via the Website, any agreement or arrangement with us and any information which we collect about you from other sources as permitted by law.

By accessing or using this Website you agree to be bound by this Privacy Policy. If you do not agree to be bound by this Privacy Policy, please exit this Website and refrain from using any of its contents.

The Company may from time to time (without notice to you) amend or update the Privacy Policy at its sole discretion. Accordingly, you should ensure that you regularly review them. Whenever you access or use this Website after such changes, you agree to be bound by any changes.

The date of this Privacy Policy is set out below. By continuing to use the Website, or otherwise continuing to deal with us, you accept this Privacy Policy as it applies from time to time.

1. Collection

How do we collect information?

The Company collects Personal information:

directly from you (unless it is unreasonable or impracticable to do so) when you contact our business number or fill in an enquiry form; and
third parties – other companies within our group, or affiliate or partner companies that are connected with us, public records or bodies or private organisations. There may be occasions where we need to source Personal Information about you from a third party. For example, we may collect Personal Information from a credit reporting agency, an information service provider or from a publicly maintained record. We also use third parties to analyse website traffic.

The Personal Information is collected and held only to the extent reasonably necessary for one or more of the Company’s functions or activities. These functions or activities include, but are not limited to, the sale, promotion and distribution of its services by direct to customer marketing as well as on-line advertising and marketing.

Any person may access or use the Website via the internet without registering with or disclosing any personally identifying Personal Information to the Company.

Where lawful and practicable, individuals have the option of not identifying themselves (remaining anonymous or using a pseudonym) when dealing with the Company.

What type of Personal Information do we collect?

Personal Information collected and held by the Company during our relationship with you may include (and is not limited to):

your email address; first name; last name; contact details; date of birth; home address; postcode; country of residence; telephone numbers; credit card payment details; billing address; personal information in surveys; testimonials and complaints; Internet Protocol (IP) address, occupation, employment, industry areas of interest and information relating to your dealings with us;
Any Personal Information you volunteer while using this Website (including via cookies).

Why we collect Personal Information?

The purposes for which we collect your Personal Information may include providing you with services, information and content or information about the Company’s services, promotions or services or improving our services.

The Company may place a “cookie” (a small text or pixel file) on any computer you use to access this Website, which, among other things, assists the Company to provide you with an easy-to-use Website. When you revisit this Website, the cookie will enable the Company to recognise you as a previous user. More information on cookies can generally be found in the “help” (or similar) section of your computer’s internet web browser. If you do not want to receive cookies, you can change your browser settings. If you use this Website without changing your browser settings, we will assume that you are happy to receive cookies on this Website.

Cookies help us know who you are so we can show content that is most relevant to you, including features, products and promotions. We use your cookies to improve your website experience and serve you with relevant information and promotional offers based on your onsite behaviour. They help us improve our service features and let us know if someone engages or is attempting to engage in activity that violates our terms and conditions.

Unsolicited Personal Information

If the Company receives unsolicited Personal Information about an individual, the Company will take steps to afford that information the same privacy protection as solicited Personal Information or destroy or de-identify that information if it lawful and reasonable to do so and only if the information is not contained in a Commonwealth record.

2. Use and disclosure

The Company may use and disclose (and you are deemed to consent to the Company using and disclosing) your Personal Information:

2.1 for the purposes for which it is collected (primary purpose) and for any related purposes (secondary purpose), including:

where necessary or desirable in connection with the provision of this Website, the Website materials and our services to you (for example: Australia Post and third-party fulfilment contractors);
to manage the Company’s relationship with you; and
to obtain professional, financial, technical, administrative or other advice and services in connection with the operation of the Company’s business. For example, its external advisors, service providers, social networking sites, subcontractors and suppliers, advertising agencies, research companies and mailing houses in order to fulfil the purposes set out above;

2.2 to provide you with information about services and promotional offers available from the Company or its Company’s affiliated entities;

2.3 to provide you with information about products and services available from third party entities;

2.4 to investigate, prevent or take action regarding any breach or suspected breach by you of the Website terms of use, the Privacy Policy, any law or the rights of any person or to address complaints;

2.5 to research and enhance our services;

2.6 to persons who acquire or expresses an interest in acquiring all or any part of the Company’s business;

2.7 as required or authorised by or under Australian law or a court or Tribunal order;

2.8 as required by an enforcement body for one or more enforcement related activities as defined under the Act; and

2.9 for any other purpose to which you subsequently consent from time to time.

Direct Marketing

If we collect Personal Information from you or a third party (and you consented to the use and disclosure for this purpose) the Company may use and disclose an individual’s Personal Information (excluding sensitive information) to provide you with information about:

this Website, the website materials and the services; and
the Company’s services and any promotional material in connection with those services.

We may contact you via email, SMS or other means in order to provide you with updated information about the Website, in relation to events or to provide you with other information or promotions about our products and services.

Please note when you enquire to receive information about our services you expressly consent to receiving marketing communications for our services. You may opt out of receiving marketing communications from the Company by following the unsubscribe instructions on email correspondence to you or by contacting us via the details below (or via this Website).

You may also contact us via the details below (or via the Website) to let us know that you do not want to receive marketing communications from the Company (or any of its individual services), request we do not disclose your Personal Information to other organisations for the purpose of direct marketing or provide the source of your Personal Information.

The Act provides exceptions to the use and disclosure requirements such in circumstances where the Company is assisting in locating a missing person, for the establishment, exercise or defence of a legal or equitable claim or for the purpose of a confidential alternative dispute resolution process.

3. Trans-border data flows

The Company may transfer (and you are deemed to consent to the Company transferring) your Personal Information outside of Australia in the following circumstances:

3.1 where the Company has taken reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to your Personal Information;

3.2 where the Company reasonably believes that the person who will receive your Personal Information is subject to effective data protection obligations;

3.3 where the transfer is necessary for the performance or conclusion of any contract between you and the Company or for the implementation of pre-contractual measures;

3.4 where the transfer is for your benefit and it is impractical for the Company to obtain your consent, but if it were practical you would be likely to consent;

3.5 as required or authorised by or under law; and

3.6 where you subsequently consent from time to time.

4. Data quality

We will take reasonable steps to keep any personal information we hold about you secure, relevant, accurate, up to date and complete. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for matters outside our control.

5. Security

The Company takes reasonable steps to protect the Personal Information that the Company holds from interference, misuse and loss and from unauthorised access, modification or disclosure. The Company takes reasonable steps to destroy or permanently de-identify any Personal Information that is no longer needed for any purpose. 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 your personal information. Please notify us immediately if you become aware of any breach of security.

6. Access to and correction of your Personal Information

If you wish to access, correct or update any personal information we may hold about you, please contact us via the details set out below. We may charge for providing access to this information and we may refuse access where the Act allows us to do so. We will endeavour to grant access in the manner you request if it is reasonable to do so.

We will respond to your request (to access, correct or update your Personal Information) within a reasonable time. If the Company refuses your request, we will generally provide written reasons for the refusal and the mechanisms to complain about the refusal.

We will not charge you for making a request to correct Personal Information, for correcting the Personal Information or for associating the required statement with your Personal Information (as the case may be).

7. Membership Site & Webinars

You acknowledge that any information which you choose to make public within our Membership Site, Social media groups, Courses and Webinars, including your Personal Information will be publicly available within that area.

You consent to the collection and use by the Company of any information you publish within our Membership Site and Webinars, in accordance with this Privacy Policy and the Website terms of use.

Contacting us

All correspondence to the Company, including any queries you may have regarding your use of this Website, complaints or this Privacy Policy (including an APP), should be sent to the address details below. We will endeavour to respond to your query or complaint within 21 days of receipt and will work with you to resolve any complaints.

Email: nikhil.badkundri@gmail.com