Privacy Policy

Our Privacy Commitment 

1. Phoenix By Design Pty Ltd T/A Brightwater Wellness Hub A.C.N. 672 487 428 is committed to managing your personal information openly and transparently and to keeping your personal information safe. We will take all necessary measures to fulfil this commitment, including to:

(a) comply with the Australian Privacy Principles (APPs);

(b) ensure that we manage your personal information openly and transparently;

(c) only collect personal information from you that we need in order to fulfil you request and offer you the best possible service and customer experience;

(d) tell you how we might use your personal information;

(e) let you know if we need to disclose your personal information to anyone else (including anyone overseas) and if so, in what circumstances this might occur;

(f) keep your personal information secure;

(g) respond promptly and appropriately to any incident where your personal information may be compromised, including where your personal information is lost, or subject to unauthorized access, modification, use or disclosure or other misuse;

(h) promptly respond to any request by you not to receive direct marketing material from us;

(i) make sure your personal information is kept accurate and up to date and to properly dispose of any personal information which is no longer required by us; and

(j) ensure that, where appropriate, you can access and correct your personal information.

About this Policy 

2. This policy is intended to explain clearly and in plain language some of the key processes and procedures that we have implemented to manage your personal information, to protect your privacy and to comply with the Privacy Act 1988 (Act) and the APPs.

3. References to “our”, “us” and “we” in this policy are references to Brightwater Wellness Hub and its related entities.

4. This policy gives a broad overview of our policies in relation to privacy and the handling of your personal information but if you require further information, you are welcome to contact us or to read any of the privacy statements or notices that will be issued to you as and when personal information is collected.

5. You must read this privacy policy before providing us with any personal information. By providing us with your personal information, you are confirming your agreement to the policies and procedures described in this privacy policy.

What sorts of personal information do we collect? 

6. We will only collect from you information that is necessary and relevant to our relationship with you, including to enable us to fulfil your request and provide to you the best possible customer experience.

7. Depending on the exact nature of our relationship with you and the type of services you request from us, we may request that you provide some or all of the following information:

a) information that we may require to initially identify you, including your name;

b) information that we can use to contact you, including your email address, telephone number, mobile number, fax number and your address; and

c) information for processing payment, being your credit card details.

8. The information we require from you will depend on the specific services that we are providing to you. We will only collect personal information from you that we reasonably require in order to satisfactorily perform the services that you require from us.

9. The Act places restrictions on us collecting sensitive information about you (which includes information about your religion, political views, ethnicity, criminal records and sexual preferences). Generally we will not collect this type of information, however we may need to collect some sensitive information if you are applying for a job with us, and you have provided us with your consent to do so.

Why do we require your personal information? 

10. There are various reasons why we might need to collect, hold, use or disclose your personal information and this will depend upon the specific services that we are providing to you but we will tell you the main reason for asking for your personal information at the time when we ask you to provide it.

11. Usually, the main reason that we will need to collect your personal information will be relating to a service that we are providing to you or are about to provide to you and for contacting you in relation to those services. Our main reason for collecting your personal information revolve around the processing of any orders you have placed with us for services.

12. We may also use your personal information for other reasons, including:

(a) to contact you in relation to an event, special offer or service that you might be interested in;

(b) preventing fraud and other criminal activities;

(c) to assist us to run our business and to improve our products, services and performance, including staff training, accounting, risk management, record keeping, archiving, systems development, developing new products and services and undertaking planning, research and statistical analysis; and

(d) to comply with our legal obligations.

13. There is no obligation for you to provide us with any of your personal information but if you choose not to provide us with your personal information, we may not be able to provide the information or services that you require.

How do we collect your personal information?

14. The means by which we collect your personal information will depend on the nature of the services that we are providing to you.

15. We may collect your personal information:

(a) directly from you, either in person, via email or over the phone;

(b) when you complete a form on our website to receive newsletters from us; or

(c) from publicly available sources, for example, the electoral role, the telephone directory or from third party websites.

16. We will always collect your personal information directly from you unless it is impracticable to do so.

Collecting and disclosing personal information about others

17. Wherever possible, we will collect personal information directly from the relevant individual to whom that information relates.

18. You represent and warrant to us that where you provide personal information to us about another person:

(a) you are authorised to provide that information to us;

(b) you have obtained the express consent of the individual to disclose their personal information to us for the use of that personal information by us, including for the purposes outlined in this policy;

(c) you have complied with the Privacy Act, including the APPs in collecting that personal information, including by making all relevant notifications required under APP 5 and specific to our use of the personal information; and

(d) you have informed that person about the contents of this privacy policy including who we are, how we use and disclose personal information, and that they can gain access to, and correct, that information.

Unsolicited personal information 

19. From time to time we may receive personal information about you that we have not requested or taken steps to come to know. In these circumstances, we will only hold on to such information as permitted by the Act. Any information that has not been requested but is subsequently retained by us will be subject to the procedures and requirements set out in this privacy policy.

How do we use or disclose your personal information?

20. We may use and disclose your personal information for the purposes for which it was collected or for a related purpose such as:

(a) to consider your request for a service;

(b) to enable us to provide services to you;

(c) to carry out, or respond to, your requests;

(d) to our third party service providers, including to assist us in providing, and improving, our services to you, and to analyse market trends and better understand your needs or to develop, improve and market our products and services to you;

(e) for regulatory reporting and compliance with our legal obligations;

(f) to relevant third parties to undertake fraud checks;

(g) to various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes;

(h) to perform administrative and operational tasks (including risk management, systems development and testing, staff training and collecting debts);

(i) to use in direct marketing of promotions, products and services that we, or our third party service providers, think may be of interest to you;

(j) to seek your feedback in relation to particular services, customer satisfaction and our relationship with you and to manage any customer complaints;

(k) to companies or entities related to Power Living for any of the purposes referred to in this policy;

(l) to monitor or improve the quality and standard of the services that we provide to you;

(m) to consider any concerns or complaints you may raise against us;

(n) to our agents, successors and/or assigns;

(o) to notify you of offers that may be of interest to you; and

(p) to better understand your preferences.

21. By agreeing to accept the terms of this privacy policy or by providing your personal information to us, or both, you are taken to have consented to the use and disclosure of your personal information for the above purposes.

22. At the time that we collect your personal information, we will make it clear to you why we are collecting your information, including through this privacy policy where appropriate. We will only use your personal information in accordance with, and as permitted by, the Act.

23. Other than as outlined in this privacy policy or in any notice provided to you at the time of collecting your personal information, we will not disclose your personal information without your consent unless disclosure is permitted by the Act.

Do we use your personal information for marketing purposes? 

28. As part of the services that we provide to you, we may:

(a) use personal information that we have collected about you to identify a product or service that may benefit you;

(b) contact you from time to time to let you know about a product or service that we believe you might be interested in; and

(c) disclose your personal information to any third parties or to any entities or companies related to Power Living to enable them to tell you about a product or service that you might be interested in.

29. Where we intend to use your personal information for direct marketing purposes, we will seek your consent to do so prior to using your personal information. You can opt-out, unsubscribe or make a request not receive direct marketing communications from us, in writing to us at brightwaterwellnesshub@gmail.com. Additionally, each direct marketing communication will include an opt-out or “unsubscribe” option which will immediately indicate to us that you no longer wish to receive communications of this kind.

30. You may make a request that we do not disclose your personal information to facilitate direct marketing by another organisation and you may request that we provide you with the source of any personal information we use for direct marketing purposes. Any such requests will be actioned within a reasonable period of time and there will be no charges to you for making, or to you from us actioning, such requests.

How do we store your personal information? 

31. We have implemented appropriate processes and techniques to protect personal information from loss, misuse and interference and from unauthorised access, modification or disclosure. In addition, access to your personal information is limited to those who specifically need it to conduct their responsibilities

32. We take all necessary steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from loss, misuse and interference and from unauthorised access, modification or disclosure.

33. While care is taken to protect your personal information, unfortunately no data transmission over the internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email as we have no way of protecting that information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Act.

What if there is a breach in relation to my personal information? 

34. We take breaches of your privacy very seriously. In the event that there is a data breach relating to personal information that we hold about you, such as loss of, unauthorised access to, or unauthorised disclosure of, the information (Data Breach), we will take immediate steps to contain and remedy any effects of the Data Breach in accordance with our Data Breach Response Plan. Where required under the Act, we will notify both you and the Office of the Australian Information Commissioner (OAIC) of the Data Breach.

Maintaining your personal information 

35. We take reasonable steps to ensure that:

(a) the information that we collect about you is accurate, complete and up-to-date at the time of collection;

(b) when we use your personal information, it is accurate, up-to-date, complete and accurate at the time of use; and

(c) if we disclose your personal information, it is accurate, up-to-date, complete and accurate at the time of disclosure.

36. You warrant that all information that you provide to us is accurate, complete and up to date at the relevant time.

Will we disclose your personal information to anyone overseas?

37. There may be circumstances where we need to disclose your personal information to a third party overseas (Overseas Recipient). This may occur, for example, where we have a database or server hosted outside Australia.

38. Prior to disclosing your personal information to an Overseas Recipient, APP 8.1 requires that we will take all reasonable steps to ensure that the third party recipient of your information complies with the APPs (other than APP 1) in relation to your information, or that the third party recipient is bound by laws that offer you at least as much protection as the APPs and that you are able to enforce your rights under those international laws in the event of any breach unless an exception applies (the Overseas Disclosure Obligations).

39. We will take all reasonable steps to satisfy our Overseas Disclosure Obligations.

How can you access your personal information? 

40. Usually we will be able to provide you with access to your personal information upon receipt of your written request, either by email sent to brightwaterwellnesshub@gmail.com to or by post sent to Brightwater Wellness Hub Pty Ltd, Shop 7E 69-79 Attenuata Drive Mountain Creek and confirmation of your identity. There are some limited circumstances in which we may not be able to provide you with access to your personal information when requested. Such circumstances might include where access would pose a serious threat to the life, health or safety of another person or where such access would unreasonably impact on the privacy of others.

41. Where you request access to your personal information, we will respond to any such request in accordance with the Act.

42. We may recover from you our reasonable costs of supplying you with access to your personal information but we will not charge you for any request you might make to access your information.

How can you seek to correct your personal information?

43. We do what we can to ensure that the information we hold about you is accurate, complete, up-to-date, relevant and not misleading. To assist us to do this, it is imperative that you provide us with correct information at the time you provide it to us and immediately inform us if any of the information changes at any time. You may make a request that we correct any of your information. We would prefer your request to be in writing.

44. We will respond to any requests regarding the correction of your personal information within a reasonable period after the request is made and in accordance with the Act.

45. We will not charge you for any request to correct your personal information, nor will we pass on to you any costs incurred by us in correcting your personal information or for associating a statement with your personal information.

What if you want to make a complaint about some aspect of our privacy procedures? 

46. We are committed to maintaining and protecting your privacy but it is possible that in limited circumstances, mistakes might be made. If you are concerned with the way your personal information has been handled then you are entitled to make a complaint. If you would like to lodge a complaint, please contact us through email brightwaterwellnesshub@gmail.com

47. If your personal information has not been handled in an appropriate way, we will do our best to remedy your concerns as quickly as possible.

48. If your complaint is not satisfactorily resolved, you may approach an external dispute resolution service or apply to the OAIC to have the complaint heard and determined.

Protecting your identity

49. Wherever it is practicable, we will always provide you with the option not to identify yourself when dealing with us. Alternatively, you may elect to use a pseudonym to protect your identity.

Changes and exemptions to this policy

50. From time to time it may be necessary for us to review and revise this privacy policy. We reserve the right to change our privacy policy at any time.

51. Please note that the Act contains certain exemptions which may permit us to use your personal information in a particular way if specific circumstances arise. Any such exemptions under the Act will take priority over this privacy policy to the extent of any inconsistency.

How can you contact us?

52. Please find below our contact details. Please do not hesitate to contact us in relation to any privacy-related concerns and we will use our best endeavours to address any such
concerns thoroughly and in a timely manner. Address: Brightwater Wellness Hub, Shop 7E 69-79 Attenuata Drive Mountain Creek QLD.

53. If it is practical to do so, you can contact us without identifying yourself. However, if you choose not to identify yourself, it may be more difficult for us to assist you with your enquiry. This will depend on the nature of your enquiry.

Express consent to collection, storage, use and disclosure 

54. In addition to the other consents provided by you above, by agreeing to accept the terms of this privacy policy, or by providing your personal information to us, or both, you are taken to have expressly consented to the collection, storage, use and disclosure of your personal information for each of the purposes and to all of the parties outlined in this privacy policy.

Refund Policy - BW Hub policies and terms and conditions

Please be aware by making an appointment you acknowledge and agree to abide by these terms and conditions. Brightwater Wellness Hub reserves the right to cancel, delay, shorten or change treatments where reasonably necessary due to the effects of any of the provisions below.

BOOKING APPOINTMENTS

Appointments with Brightwater Wellness Hub are essential. To avoid disappointment we recommend you book your treatment or Yoga class in advance by visiting the website or alternatively we do welcome emails or phone calls. We will send you an email reminder 24 hours before your appointment, so you can change, confirm or cancel by clicking the canel link or contacting us immediately. If you cannot make your appointment for any reason, please inform us straight away, we will understand and it gives someone else an opportunity to have that appointment time.

ARRIVAL

Please arrive at your appointment on-time. If you are running late for any reason, please let us know as soon as possible as late arrivals may mean we are unable to honour your booking, or your treatment time may need to be reduced if we have scheduled appointments after yours.

LATE ARRIVALS

We fully understand that sometimes being late is outside of your control. We will always do our best to accommodate late arrivals. (Within 15 minutes after your appointment) by performing the most complete treatment possible in the time remaining at the full price. Unfortunately, arriving 15 minutes after the scheduled time of your appointment will result in full charges and no other appointment will be booked until paid.

We recommend that you plan ahead for your visit to Brightwater Wellness Hub. We’ll be happy to answer any questions you may have about our location, parking and travel options. We recommend parking closest to the dentist and walking across the walk way where the large roller doors are we are to the left next to the Thai restaurant. 

CANCELLATIONS

If you need to cancel your appointment, please contact us at least 24 hours in advance. Since we turn away other clients to hold your booking, any cancellations with less than 24 hour’s notice will result in full charges and no other bookings will be made until full payment is paid.

REFUND POLICY – PRODUCTS

We cannot give refunds on any products or retail sold to due to personal hygiene and health and safety reasons. If there is a fault with the product we can send back to the manufacturer for review.

REFUND POLICY – SERVICES

Our treatments are carried out by a qualified therapist. If you have had a treatment that you are unsatisfied with please bring it to the attention of the therapist and follow the complaints procedure (detailed below). We do not give refunds on any treatments, however, we will look into your concerns immediately and try to resolve the matter as quickly as possible.

HYGIENE POLICY

In keeping with our commitment to cleanliness, safety and hygiene, our equipment is sterilized and sanitized after every service and treatment.

LOSS OR DAMAGE OF PERSONAL ITEMS

Please keep your personal belongings with you at all times, and leave any valuables at home.

CUSTOMER BEHAVIOUR

Any inappropriate, abusive or threatening behaviour may be reported to the police.

COMPLAINTS PROCEDURE

It is our objective to ensure that every client is delighted with the services that they receive at Brightwater Wellness Hub.
However, we recognise that on occasions things can go wrong. If this does happen we will try to ensure we put things right at the earliest opportunity. This procedure advises how to bring things to our attention if you are not happy about the service that you have received.

We will ensure that all complaints are followed through, documented and when appropriate action is taken to prevent a recurrence. The quickest and most effective way of resolving any problem is to bring it to our attention immediately. Please raise your concern with the therapist. They will listen carefully to your concerns and do what they can to correct any problems. All complaints need to be documented in writing via email at brightwaterwellnesshub@gmail.com. Please provide as much detail as possible, including details of your treatment, date and time of your appointment and your exact complaint. Your complaint will be assessed and we aim to get back to you within 48 hours of receiving your complaint in writing.

CHILDREN

Children are allowed in the Hub. Children must be well behaved and not cause any disturbance to any other customers treatments. They must also not touch any stock within the Hub. Please keep there iPhones or iPads at low level noise. 

CLIENT QUESTIONNAIRE & HEALTH CONDITIONS

All new clients will be requested to complete a Client Questionnaire form before our therapist can perform any treatments on you. Failure to do so will result in us refusing to perform your treatments. Please advise us of any health conditions, allergies, or injuries which could affect your service when completing this form. It is your responsibility to let us know of any changes in your circumstances before your treatment goes ahead. We also reserve the right to ask you to complete the Client Questionnaire every 6 months so that we can update our records. We will not perform any treatment if there is any morning sickness.

THERAPIST/STAFF ILLNESS

Unfortunately, we may have to cancel or reschedule your appointments due to therapist/staff illness and emergency. In the case that we cannot reschedule your appointment in the same day, we will have to cancel your appointment and rebook you for another day. We will notify you as soon as we can if we need to cancel your appointment.

PRICING

While we endeavour to keep our website and price lists updated, treatments and prices are subject to change without notice.

Thank you for your understanding. We look forward to sharing our Hub with You.