PRIVACY POLICY

Last Updated 17th August 2021

This Privacy Policy applies to your access and use of the Optimum Nutrition website at www.optimumnutrition.com/en-au (the “Site”) provided by GLANBIA PERFORMANCE NUTRITION PTY LIMITED (ABN 59 161 129 264) and/or its corporate parents, subsidiaries or affiliates (collectively, “the Company”, “we”, or “us”). Here we explain what we do with your personal data and why we do this. By accessing or using the Site, you agree that you have read and agree to be bound by this Privacy Policy. If you don’t agree, please do not use the Site. Please contact us if you have questions – our details can be found at the end of the Privacy Policy.

TABLE OF CONTENTS

I.WHAT PERSONAL DATA DO WE PROCESS AND HOW DO WE USE IT?
A. When You Order Something From Us
B. If You Create An Account
C. Browsing Our Website
D. When You Subscribe To Our Newsletter
E. When You Contact Our Customer Service
F. Cookie Information

II. AUTOMATED DECISION-MAKING AND PROFILING

III. RETENTION PERIODS AND LOCATION
A. Order On The Website
B. Ordering When Using An Account
C. Browsing The Website
D. Newsletter Subscription
E. Customer Service

IV. SHARING PERSONAL INFORMATION WITH THIRD PARTIES
A. To Provide Our Services To You
B. Compliance With Law
C. Corporate Transactions Or Events
D. Processing Your Information

V. CHILDREN

VI. SECURITY

VII. ACCESS AND CORRECTION OF PERSONAL INFORMATION

VIII. COMPLAINT PROCEDURES

IX. CHANGES TO THIS PRIVACY POLCY 

X. CONTACT DETAILS

I. WHAT PERSONAL DATA DO WE PROCESS AND HOW DO WE USE IT?

Below we state the types of information that identify you or which could be used to reasonably identify you (“Personal Information”), why we use this Personal Information and what grounds we use for the relevant processing.

A. When You Order Something From Us

With every order you place with us we process the following Personal Information.

  • Gender
  • First name and surname
  • Delivery address (street, house number, post code and city)
  • [Optional] billing address (street, house number, post code and city)
  • Telephone number
  • [Optional] date of birth
  • E-mail address
  • IP address

B. If You Create An Account

To simplify ordering you can also choose to create an account. If you create an account and enter the relevant data, we’ll process the following personal data:

  • Gender
  • First name and surname
  • [Optional] date of birth
  • Entered addresses in the address book
  • Overview of your orders
  • Reviews
  • Your favorites
  • Telephone number
  • E-mail address
  • IP address

We use this Personal Information to process your orders and to answer queries regarding your order. We use your favorites, overview of orders and reviews to gain insight into the products you prefer. The grounds for processing we use are the implementation of the agreement that we have made with you, the fulfilment of our legal obligations and our legitimate interest in gaining insight into the product preferences of our customers. This allows us to adjust the range of products we sell to meet the preferences of our customers.

C. Browsing Our Website

When you visit our website and browse, we’ll process the following information:

  • Your approximate location based on a part of your IP address
  • What you do on our website, for example, what you click on
  • Aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains)
  • Your type of internet browser and the type of device that you use to visit our website

We process this data on the basis of our legitimate interest in improving our website and gaining insight into the product preferences of our customers.

D. When You Subscribe To Our Newsletter

We would like to use the newsletter to inform you of news, promotions and special offers. If you subscribe to our newsletter, we process the following information:

  • E-mail address
  • Where you click in the newsletter

We use your e-mail address to send the newsletter once you’ve provided express permission for this. You can unsubscribe from the newsletter by clicking the unsubscribe link in the newsletter or by withdrawing permission in your account at any moment. We use your click behavior to determine which parts of the newsletter interest you. We use this information to compile our product offer on the site. We process your click behavior based on our legitimate interest in gaining insight into the product preferences of our customers.

E. When You Contact Our Customer Service

Our customer service is there to answer your queries and solve your problems. You can contact us by e-mail or webform. We can assist you more efficiently by storing your data. For this, we process the following Personal Information:

  • Name
  • E-mail address
  • Telephone number
  • IP address
  • Reviews of products

We like to collect reviews about our products or service provision. That’s why we process the following Personal Information as a minimum:

  • E-mail address
  • Name

F. Cookie Information

Information collected through cookies, web beacons, pixel tags and other technologies is described in more detail in our Cookies Policy.

II. AUTOMATED DECISION-MAKING AND PROFILING

We don’t use automated tools to make decisions about people. We do send you mailings and newsletters with content tailored to you. The content is determined by your purchases and the interests as gathered from your purchasing and click behavior.

III. RETENTION PERIODS AND LOCATION

We store your Personal Information only for as long as required to achieve the objectives that your data has been collected for. The retention period that we adhere to is stated below for each processing.

A. Order On The Website

We’re legally required to store your data for seven years.

B. Ordering When Using An Account

We’re legally required to store your data for seven years. In addition, we store your data as long as your account is active. After removing your account, we’ll only store your data for as long as is legally required. If this isn’t the case the data will be removed immediately. We store the data required for processing the order for three months.

C. Browsing The Website

We store your visitor data for 26 months, after which the data is deleted permanently.

D. Newsletter Subscription

We store your consent to receive newsletters until we are no longer required to retain the consent for our own compliance purposes. We also store your request to cancel your newsletter subscription for two years.

E. Customer Service

We keep customer contact notes for as long as you are an active customer with us. A telephone conversation may be recorded for training and analysis purposes. Where calls are recorded, we will inform you at the commencement of the call and you will be given an opportunity to opt-out of having the call recorded. We have a legitimate interest in using these interactions to improve our customer service. We store the telephone call for the duration of three months.

IV. SHARING PERSONAL INFORMATION WITH THIRD PARTIES

Optimum Nutrition will not sell your Personal Information to third parties and will only make this data available to third parties who are actively involved in carrying out your order or for a business purpose in connection with the marketing of our products. Our staff members and third parties commissioned by us are required to respect the confidentiality of your data.

Specifically, we may share your Personal Information in the following ways:

A. To Provide Services Or Information To You

We may disclose your Personal Information to third-party service providers so that they may provide us with services such as payment processing, website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Site and services you request. We also may disclose Personal Information collected via third-party cookies embedded in the website, when you give consent for the use of those cookies, described in more detail in our Cookies Policy.

B. Compliance With Law

We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of Company or others; and (7) to enforce our terms and conditions.

C. Corporate Transactions Or Events

We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.

D. Processing your information

Optimum Nutrition is headquartered in the United States. We may transfer information collected from our customers to the United States. Similarly, we may also transfer information collected from our customers (regardless of where you live) to other countries or places in which we maintain offices or do business. By using the Site, you agree to allow us to transfer your information outside your home country and to process it inside the United States or elsewhere for the purposes stated in this Privacy Policy and in accordance with applicable laws.

V. CHILDREN

The Site is not intended for anyone under the age of 15. We will not knowingly collect any Personal Information from children under the age of 15. If we learn that we have obtained any Personal Information about a child under age 15, we will delete that information.

VI. SECURITY

We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Site. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.

VII. ACCESS AND CORRECTION

We will take reasonable steps to ensure that the information we hold about you is relevant, accurate, up-to-date and complete.

You can request that we provide you with access to information we hold about you or ask us to correct any personal information we hold about you that is out-of-date, incorrect, incomplete or misleading. You can update your contact details by logging in to your account. You can also contact us by submitting a request in writing to the address set out below. If we are able to, we will action your request within a reasonable time frame (usually within 30 days) following receipt of your request.

We may decline an access or correction request in circumstances prescribed by the Privacy Act. If complying with your request for access requires considerable time and expense on our part, we may charge you a reasonable fee for providing you with information.

If we do refuse your access or correction request, we will provide you with written reasons for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction (if you ask us to do so).

VIII. COMPLAINT PROCEDURE

You may contact us at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled.

You may make a complaint about privacy to our Privacy Officer using the contact details set out below.

Our Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint.

Your complaint will then be investigated. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within a reasonable time, usually within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.

IV. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Material changes to the Privacy Policy will take effect after reasonable notice of the changes has been provided by, for example, posting on the Site or notification by email.

X. CONTACT DETAILS

You can send an e-mail to our Privacy Officer (with ‘privacy’ as the subject) to [email protected].

You can also write to our Privacy Officer at the address below:

GLANBIA PERFORMANCE NUTRITION PTY LIMITED

4/247 Ferntree Gully Rd, Mt Waverley Victoria 3149, Australia