Berska is committed to protecting the privacy of any personal information held about individuals in accordance with the applicable laws. “Personal information” is information about an identifiable individual, or an individual who is reasonably identifiable, as defined by applicable law. Berska has implemented measures to comply with its obligations under the relevant Australian and New Zealand privacy laws.

This policy applies to Berska Pty Ltd (ABN 29 129 351 668) and its subsidiaries (“Berska” or “we” “us” or “our”), and describes the way that Berska collects, holds and discloses personal information about individuals. This policy forms part of our Terms and Conditions for use of this website and other websites operated by us, which you should also read.

Privacy statements in relation to our websites and in relation to calls received by our Consumer Enquiries line are also incorporated into this policy.

Why does Berska collect my personal information?

Berska collects and holds your personal information to allow it to perform its business functions. For example, Berska may collect your personal information to enable you to participate in a Berska promotion, for the uses listed below or to allow Berska to market its current and future products and services to you.

What personal information does Berska hold?

During the course of our business, we may collect personal information from you. If you are a customer of a Berska distributor or franchise owner, we may also collect information about you from the distributor or franchise owner.

The types of personal information Berska collects will depend on the nature of your dealings with Berska and may (but does not always) include:

Your name;

Company or business name

Company or business address;

Personal and/or work contact details (including phone/fax number/email address, business name and authorised representative name and contact details, address);

Your product preferences and purchase history;

Any information about you which you provide through promotions, competitions or customer surveys; and/or

Payment details (e.g. credit card number).

If necessary, Berska may also ask you to provide it with additional personal information from time to time, including when you call our Consumer Enquiries line.

What if you don’t provide Berska the personal information it requires?

If you can’t, or won’t, provide Berska with the personal information it reasonably requires, Berska may be unable to provide you with the information, goods or services you have requested.

How does Berska collect my personal information?

Berska tries to collect personal information directly from you. That collection generally occurs when you:

Request information from, or have dealings directly with Berska or one of its related companies;

Participate in a competition or trade promotion conducted by Berska or one of its related companies;

Participate in a survey conducted by Berska or one of its related companies;

Purchase tickets or merchandise from a website operated by Berska or one of its related companies;

Access or request information from Berska’s website or the website of one of its related companies; or

Provide information to Berska’s customer service call centre.

In some circumstances however, Berska may also collect your personal information from other entities covered by this policy or third parties (including Berska distributors or franchise owners), but where it does so, it will ensure that it acts in accordance with relevant privacy laws.

Berska will such take steps as are reasonable in the circumstances (if any) to ensure that you are aware of the purposes for which it collects your personal information. Such notification may be from a Berska distributor or franchise owner where your information is collected (for disclosure to, or on behalf of, Berska) by such an entity.

How does Berska use my personal information?

Berska uses your personal information for the purpose for which it was collected, including (but not limited to):

Providing you with the Berska goods or services you request;

Promoting and marketing Berska’s current and future products and services (including to you);

Informing you of upcoming events, special promotions and offers, discounts and other matters which Berska considers may be of interest to you;

Conducting research (including but not limited to client surveys) concerning Berska’s current and future products or services;

Administering, reviewing and optimising the performance of Berska’s distribution network (including allocating customers to distributors/franchise owners) and improving the effectiveness of any software used by the distribution network; and

Improving the operation or navigation of Berska’s website.

Berska may also use your personal information for other purposes which are related to those listed above and which will be made clear to you at the time Berska collects that information, or for such purposes as may be required or permitted by law.

If Berska uses your personal information for direct marketing purposes, all correspondence sent to you by Berska will give you the opportunity to “opt out” of receiving any further direct marketing correspondence. If we use your personal information to send you any direct marketing communications, you have the right to request that we provide you with the source of that personal information. There is no fee for requesting this information. Unless it is impracticable or unreasonable to do so, we will provide you with the source of the personal information.

Berska Consumer Enquiries Privacy Statement

Calls to Berska Consumer Enquiries (Calls) may be recorded for quality, training and verification purposes. Even if your Call is not recorded, in addition to the information set out in the rest of this Privacy Policy, Berska Consumer Enquiries may collect personal information that you provide during the Calls. In relation to personal information provided during Calls, Berska collects, uses and discloses personal information in the following ways:

Customer Service: Berska will use the personal information you provide during Calls to assist in answering your query or addressing your complaint. This may include using information you provide to contact you following the Call in response to your query or complaint.

Quality: If your query or complaint relates to the quality of products or services provided by a Berska stockist or distributor then the personal information may be used to address that issue with the stockist or distributor in question. Generally, it will not be necessary to identify you when the complaint is raised with the stockist and distributor. If it is necessary, we will seek your consent first.

Training: Berska may use the recording of the telephone conversation for internal training purposes.

Verification: If you have a complaint in relation to the quality of Berska products then Berska may retain the recording of the telephone conversation for verification purposes. Berska may also disclose the recording to third parties, including its professional advisors, in order to address the complaint or any action you may take in relation to the complaint.

Will Berska give your personal information to anyone else?

In providing you the information, goods or services you request, Berska may be required to disclose your personal information to:

Berska’s related companies;

Berska’s consultants, contractors and service providers performing services including (but not limited to) promotions agencies, advertising agencies, legal and accounting services, credit reporting, mail-house, transport, prize providers, marketing, data analysis and processing and printing services; and/or

Berska distributors/sub-contractor owners.

which may operate or hold data in Australia or in overseas countries which may include (but are not limited to) New Zealand, the United Kingdom, Spain, India and Vietnam. If Berska provides your personal information to such a party, Berska generally requires the third party to protect your personal information in the same way Berska does. Please note that Australian law may not apply to some of these entities.

Berska may also disclose your personal information to other third parties where it is required or permitted to under any applicable law.

Is my personal information secure?

Berska takes reasonable steps to ensure personal information it holds about you is protected from risks such as misuse, interference, loss and unauthorised access, use, destruction, modification or disclosure.

No data transmission over the internet is totally secure. As a result, any personal information you send to Berska over the Internet (including via email) is sent at your own risk.

Your rights of access and correction

The accuracy of your personal information is important. Berska takes reasonable steps to ensure personal information it holds about you is accurate, complete, up-to-date, relevant and not misleading. If you believe that any personal information Berska holds about you is incorrect, please contact us on +617 5660 6459 or berskadevelopments@gmail.com.

You have a general right to access the personal information Berska holds about you. You may contact our Consumer Enquiries line on +617 5660 6459 or berskadevelopments@gmail.com to request details of your personal information. Berska can deny your request in some circumstances and if it does so, will provide you with written reasons for that denial. We will take reasonable steps to give access in a way that meets both Berska’s needs and your needs.

While there is no fee for requesting access to the personal information Berska holds about you, Berska reserves the right to charge a reasonable fee for the preparation and provision of that information to you.

You also have the right to request the correction of personal information which Berska holds about you. You may do so at any time by contacting our Consumer Enquiries line on +617 5660 6459 or berskadevelopments@gmail.com. Berska does however reserve the right to refuse to correct your information in some circumstances. If Berska refuses to correct any personal information about you, and subsequent agreement cannot be reached between the parties on this issue, you may request that a note or statement regarding the correction requested be attached to your personal information. We will not charge you a fee for requesting a correction to your personal information, correcting that information or for attaching a statement to your personal information (as relevant).

Even if you don’t submit such a request, if we are satisfied that, having regard to the reasons for which we hold your personal information, that personal information is inaccurate, incomplete, out-of-date, irrelevant or misleading, we may take reasonable steps to correct that information.

Changes to this Privacy Policy

Berska reserves the right to change this Privacy Policy from time to time. If Berska changes this Privacy Policy, it will post a copy of the updated policy on this website and your continued use of this website or interactions with Berska or a distributor or franchise owner following that posting will constitute your acceptance of the terms of the updated policy.

How do I obtain more information or lodge a privacy complaint?

If you:

Require further information regarding this Privacy Policy or any other steps Berska has taken to protect your personal information or privacy;

Have any concerns or a complaint regarding Berska’s privacy practices or its management of your personal information; or

Consider that we have breached the APPs,

please contact our Consumer Enquiries line on 1800 677 852 or consumers@Berskaco.com.

We acknowledge and take very seriously every privacy query and complaint that we receive. Berska will endeavour to respond to you within 20 business days.

If you’re not satisfied with how we have handled your matter, you may wish to contact the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.