Privacy Policy

Our Privacy Policy

Jordana Borensztajn

Privacy Policy

1 Background

In this policy, the words “we”, “our” and “us” refers to Jordana Borensztajn (and includes her agents and affiliates) (“Course Educator”).

The Course Educator recognises the importance of your privacy. This privacy policy (“Privacy Policy”) sets out how the Course Educator intends to collect, store, use, disclose, protect and otherwise handle your personal information.

We are not an “APP Entity” for the purposes of the Australian Privacy Act 1988 (Cth) (“Act”), however, we do our best to work within and uphold the applicable privacy laws and principles, including the Australian Privacy Principles (“APPs”) contained in the Act, the European Union’s General Data Protection Regulation and California’s California Consumer Privacy Act (if applicable).

You can find further details about the APPs on the website of the Office of the Australian Information Commissioner.

2 Definitions

Unless expressly provided otherwise, terms used in this Privacy Policy have the meaning given in our Terms and:

“Courses” means the programs, courses and other services made available to you or the public by the Couse Educator from time to time, including any courses made available via the Sites relating to public speaking, coaching and/or speechwriting.

“Podia” means the website and related links made available via https://jordanaborensztajn.podia.com/

“Sites” means Podia and any other online platforms used by the Course Educator to offer Courses, including any version of the Sites (including any “app” or similar version) that is able to be viewed or accessed on any type of device, including but not limited to tablet devices.

“Social Media” means the Course Educator’s pages and accounts on third-party social media platforms such as Instagram, LinkedIn and Facebook.

“Terms” means the terms and conditions of the Courses (as amended from time to time), the current version of which can be accessed at the following link: https://jordanab.com.au/terms-conditions/

3 What is personal information?

In this Privacy Policy, the term “personal information” means information or an opinion about you, whether true or not and whether recorded in a material form or not, from which you can be reasonably identified.

4 Collection and Storage of Personal Information and Data

4.1 Why does the Course Educator collect Personal Information?

The Course Educator collects personal information in connection with providing, administering, improving and personalising the Courses and associated services, marketing and to support business functions.

4.2 Types of Personal Information

The types of personal information collected by the Course Educator about individuals includes:

(a) names;

(b) gender;

(d) date of birth;

(e) usernames and passwords;

(f) browsing behaviours;

(g) mailing and delivery addresses; and

(h) other information that you choose to submit to us.

Subject to clause 4.3, you consent to our collection, storage, use, disclosure, protection and handling of your personal information on the terms and conditions of this Privacy Policy.

4.3 Restrictions

If you are under the age of 16, we need the consent of your parent or guardian to process your personal information. The Course Educator does not knowingly process the personal information of children under the age of 16. If you are under the age of 16, please do not use any Sites or access any Courses without your parent or guardian’s consent. If you suspect that a child under the age of 16 has provided personal information to us, please notify us via the e-mail address given below.

4.4 Sensitive Information

The personal information collected by the Course Educator may include sensitive information if you decide to share this information. Sensitive information is defined in the Act as information or an opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

The Course Educator will only use sensitive information:

(a) for the primary purpose for which it was obtained;

(b) for a secondary purpose that is directly related to the primary purpose;

(d) where required or authorised by law.

5 Collection of your personal information

The Course Educator will collect personal information only by lawful and fair means and not in an unreasonably intrusive manner. When you provide the Course Educator with personal information you consent to the collection, storage, use, disclosure and handling of your personal information in accordance with this Privacy Policy and any subsequent amendments.

5.1 Collecting information from you

If it is reasonable and practicable to do so, the Course Educator will collect personal information directly from you.

Depending on how you choose to interact with the Course Educator, the Course Educator may collect your personal information when you contact, or are contacted by, the Course Educator or service providers by telephone, by email, through the Sites, or when you complete a form or document and provide it to the Course Educator. More specifically, we may collect personal information in circumstances such as when:

(a) you register for a user profile on the Sites;

(b) you participate in a Course provided by us;

(d) you browse our products and services or otherwise interact with our Sites;

(e) you interact with the Course Educator, for example, via emails, telephone calls, or virtual or face-to-face meetings;

(f) you accept our cookies and other tracking technologies on your device;

(g) you interact with us on our Social Media, such as liking our posts, commenting on our posts or private messaging us on our Social Media;

(h) your authorised representative submits your personal information to us for any purpose reasonably authorised by you;

(i) our third-party analytics and other service providers, business or commercial partners provide your personal information to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or

(j) you voluntarily submit your personal information to us for any reason.

We do not directly collect your credit card details to process your payment or for customer services purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are permanently stored with us.

5.2 Collecting information from third parties

The Course Educator may also collect information about you from other people (eg a third party administrator) or independent sources. For example, if you sign up for an account to use the Sites or to participate in our Courses the Course Educator will be provided your personal information by the Site operator. However, the Course Educator will only do so where it is not reasonable and practicable to collect the information from you directly. Where the Course Educator has collected your information from a third party, such personal information will be held, used and disclosed by the Course Educator in accordance with this Privacy Policy.

5.3 Collecting information from visits to the Course Educator’s website

The Course Educator may also collect information based on how you use its Sites, including through ‘cookies’, web beacons and other similar technologies.

‘Cookies’ are small text files that are transferred to your computer’s hard drive through your web browser to enable the Sites to recognise your browser and record non-personal information such as the date, time or duration of your visit and the pages accessed, for website administration, statistical and maintenance purposes (“Cookie Information”).

We may use cookies to collect data (typically not personal information) relating to your general internet usage.

We may use cookies to help us to improve our Sites and to deliver a better and more tailored service, for instance by storing information about your preferences and allowing us to recognise you when you return to the Sites.

You may refuse to accept cookies by activating settings on your internet browser. However, please note that if you select such settings you may be unable to access certain parts of the Sites.

No attempt is made by the Course Educator to use Cookie Information to personally identify you. However, if Cookie Information is linked with personal information as set out above, this Cookie Information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.

You can remove or reject cookies by adjusting the settings on your web browser. Please note that some parts of the Sites may not function fully for users that disable cookies.

5.4 Unsolicited information

If the Course Educator receives personal information that it has not requested and determines that the personal information received is not reasonably necessary to provide its services, the Course Educator will take all lawful and reasonable steps (if any) to de-identify or destroy that personal information.

5.5 Anonymity/pseudonymity

Where practicable, you may be able to interact with the Course Educator anonymously or by using a pseudonym. Circumstances where it is not practicable, however, include where personal information is required to provide you with one-on-one coaching, to tailor Courses to you, to complete a credit card transaction or to contact you about our Courses or associated services.

6 Storage and protection of Personal Information

The security of your personal information is important to the Course Educator. Accordingly, the Course Educator takes reasonable steps to protect your personal information from misuse, loss and unauthorised access, modification or disclosure.

These steps include the implementation of the following safeguards:

(a) password protected databases;

(b) requiring contractors and employees to enter into confidentiality agreements; and

The Course Educator will take reasonable steps to permanently de-identify or responsibly destroy personal information if it is no longer needed for the purpose for which the information was used or disclosed.

7 Use of Personal Information

The Course Educator may hold, use or disclose your personal information for the purposes of marketing, but only where such use complies with the Act and the APPs.

The Course Educator may also hold, use or disclose your personal information collected for the purpose it was provided or collected, including in the following ways:

(a) to improve customer service including to provide, maintain, protect and improve our technology, products and services, and monitor their effectiveness;

(b) for use for the purposes of collection described in clause 5 above;

(d) to personalise the Courses and user experience;

(e) to deliver the Course or perform any follow up services you purchased;

(f) to process your returns or refunds in accordance with our Terms;

(g) to provide you with supporting services and functions related to your user profile;

(h) to display it when you have posted it to the Sites;

(i) to respond to enquiries received from you;

(j) to communicate with you and provide you with information (whether by email, post or other means) about the Courses or services, where you have requested or consented to receiving this from us or where this provision is otherwise permitted under the APPs;

(k) to notify you about changes to the Courses or services provided by the Course Educator;

(l) to ensure that content from our Sites is presented in the most effective manner for you and for your computer/device;

(m) to allow you to participate in interactive features of our Sites, when you choose to do so;

(n) to receive and address feedback or complaints from you;

(o) to protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary); and

(p) in other circumstances, with your prior consent.

All members and others with whom we interact have the option to opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking on the “unsubscribe” link in any email communications that we might send you. Unless and until you opt out, your consent to receive direct marketing communications from the Course Educator and to the handling of your personal information for this purpose will continue.

8 Third parties

The Course Educator does not control, and does not accept any responsibility or liability for, the privacy policy of, and use of personal information by, any party other than the Course Educator including any user of the Sites and the operators of any site to which the Sites link. The Course Educator does not share your personal information with those sites.

9 Disclosure of Personal Information

The Course Educator does not sell, rent or trade Personal Information to, or with third parties.

We may however, in order to provide our Courses to you, disclose personal information to third parties for limited purposes. Those persons and business may include, but are not limited to:

(a) organisations who carry out credit, fraud and other security checks;

(b) third party software providers who store details of customer accounts for us or who provide other IT services; and

We may also disclose your personal information to third parties:

(a) where we have your express permission to do so;

(b) where it can reasonably be inferred from the circumstances that you consent to the disclosure to such third parties;

(c) if the Course Educator sells, assigns or otherwise transfers part or the whole of its business, in which case your personal information, which was collected by the Course Educator through your use of the service, may be among the items transferred or sold to the extent that it is relevant to the Course Educator’s business; and

(d) if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions or to protect the rights, property, or safety of the Course Educator. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of a Course to you. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that we gave it to them.

The Course Educator generally will not disclose your personal information to third parties who are located overseas. However, the Course Educator may use Sites that are hosted overseas to assist in providing its Courses and other associated services. For example, the Course Educator uses Podia to host Courses and ConvertKit for email newsletters and email lists both of which are hosted in the United States. The Course Educator may also store your information in cloud or use storage providers that are networked or use electronic storage. As electronic or networked storage can be accessed from various countries via an internet connection, it may be accessible overseas and may transfer your personal information to an entity which is in a foreign country.

If information is disclosed overseas, the Course Educator will take such steps as are reasonable in the circumstances to ensure that the information that is transferred to third parties located outside of Australia will not be held, used or disclosed by the recipient of the information in a manner that is inconsistent with the APPs.

10 Security of personal information

We will take reasonable steps to ensure that any personal information that we hold about you is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.

Individuals should be aware that there are inherent risks associated with the transmission of data over the internet and other mediums. Accordingly, the Course Educator cannot guarantee any transmission will be completely secure.

11 Warranties and Representation

This Privacy Policy does not constitute a contractual representation, promise, guarantee or warranty by the Course Educator to you as to the manner in which the Course Educator will or may collect, store, use, disclose, protect or otherwise handle your personal information. Some matters are beyond the control of the Course Educator, such as third party malicious or criminal attacks.

12 European residents

If you are a resident of the EU or UK, you have certain rights and protections under the EU and UK GDPR regarding the processing of your personal information and the following clause applies.

We collect, use and store your personal information to enable us to provide you with our Courses and associated services, marketing and to support business functions. We rely on the following lawful means of processing your personal information:

(a) where it is necessary to fulfil a contract with you. This includes where we collect your personal information to enable us to send you our goods or provide you with our services.

(b) where you have given us valid consent to use your personal information. We will rely on that consent and only use the personal information for the specific purpose for which you have given consent. This includes where we email newsletters or send mobile phone notifications.

(c) we may also process your personal information where it is to further our legitimate interests which could include usage statistics, analytics and internal analysis so we can improve our services to you.

12.1 Your rights as an EU or UK resident

If you are a resident of the EU or UK you have various rights including the:

(a) right to be informed;

(b) right of access;

(d) right to object;

(e) right to restriction of processing;

(f) right to erasure or to be forgotten;

(g) right to data portability; and

(h) right not to be subject to automated processing.

If you want to access your personal information or ask for it to be corrected, please contact us. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your personal information. If you would like to limit or request deletion of your personal information or exercise any other rights you can do so by contacting us.

12.2 Withdrawing your consent

You can withdraw your consent to our collection or processing of your personal information. You can do so by contacting us or by opting out of email newsletter communications by following the instructions in those emails, by clicking unsubscribe or by using the opt out option through our Sites or in our electronic messages to you.

If you withdraw your consent to the use of your personal information, you may not have access to our Courses or other services and we might not be able to provide you with our Courses or other services. In some circumstances, where we have a legal basis to do so, we may continue to process your information after you have withdrawn consent. For example, if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.

12.3 Our compliance

We comply with the GDPR protection directives set out by the EU and UK regarding the collection, use and retention of personal information from EU member countries and the UK. All personal information stored on our platform is treated as confidential. It is stored securely and is only accessed by authorised personnel. Our collection is limited in relation to what is necessary, for the purpose for which the personal information is processed, and kept only for so long as is necessary for the purpose for which the personal information was collected. We implement and maintain appropriate technical, security and organisational measures to protect personal information against unauthorised or unlawful processing or use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of personal information and we have adequate cyber security measures in place.

Your acknowledgement

By providing us with your personal information, you consent to us disclosing it to third parties who reside outside the EU or UK, in particular in Australia. We will ensure that those third parties are GDPR compliant.

If you feel that your personal information has not been handled correctly or you are unhappy with our response to any requests you have made to us regarding the use of your personal information, you have a right to lodge a complaint as set out in clause 14 of this Privacy Policy.

13 Californian residents

If you are a resident of California, the following clause applies.

Under the California Consumer Privacy Act (CCPA), among other rights, California consumers have the right to:

(a) know the categories and specific pieces of personal information we have collected about you in the past 12 months, the sources from which the personal information was collected, and the business purpose for collecting such information;

(b) know whether and how we sell or disclose your personal information, to whom we sell or disclose your personal information, and the business purpose for selling or disclosing your personal information;

(c) request a copy of the specific pieces of personal information personal information we have collected about you in the past 12 months;

(d) request that we not sell your personal information;

(e) request that we delete the personal information that we have collected from you, in certain circumstances; and

(f) not to receive discriminatory treatment for the exercise of your privacy rights.

If you make a request in accordance with the rights set out above, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

13.1 Children’s information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

As set out in clause 4.3, the Course Educator does not knowingly collect any personal information from children under the age of 13. If you think that your child provided this kind of information on our Sites, we strongly encourage you to contact us immediately and we will use reasonable endeavours to promptly remove such information from our records.

14 Access to/correction or updating of your personal information

You have a right to request access to the personal information we hold about you. You may also ask the Course Educator to correct information about you that you may believe is inaccurate, incomplete or out of date. To obtain a copy of the personal information we hold about you, please write to us at:

Jordana Borensztajn

jordana@jordanab.com

Please provide sufficient detail about the information in question to help us locate it.

In certain circumstances, the Course Educator may refuse, or be unable, to correct or provide you with access to your personal information. In these circumstances, the Course Educator will write to you to explain the reasons why this is the case.

15 Concerns about privacy

If you have any concerns regarding the privacy of your personal information, or a possible breach of the Act or the APPs, please write to us at:

Jordana Borensztajn

jordana@jordanab.com

In the email please specify the following information:

(a) your name;

(b) your address;

(d) your email address; and

(e) a description of your concern.

We will then use commercially reasonable efforts to promptly determine if there is a problem and take the necessary corrective action within a reasonable time.

If a complaint remains unresolved, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au to have the complaint heard and determined.

16 Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of this Privacy Policy will not constitute a waiver of those rights or provisions, and the exercise of a power of right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

17 Amendment

We reserve the right at our sole discretion to revise this Privacy Policy at any time. You should visit the Sites periodically to review this Privacy Policy. Amendments will be effective immediately upon posting on the Sites. Your continued use of the Sites following such notification will represent an agreement by you to be bound by this Privacy Policy as amended.

18 Governing Law

This Privacy Policy is governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to this Privacy Policy or any other matter concerning the operation of the Sites.

19 Effective Date

This Privacy Policy was last updated and is effective on and from 30 October 2023.