Herrmann (us, our or we) is committed to protecting the privacy of your information.
You acknowledge and agree that:
- you are 18 years of age or older.
What information do we collect?
Personally Identifiable Information
We collect and use personal information from clients, customers, users or visitors of the Sites in connection with facilitating the Service. The specific type of personal information that we collect and use will depend on the reasons for, or circumstances of its collection and may include, but is not limited to, the following:
- name and contact information (including telephone and mobile number, email address and residential and postal address);
- individual information (including age, gender, race, ethnicity, place of birth, language(s) spoken, personality type, disabilities, photographic identification, criminal history record and drug toxicology reports);
- payment and transactional information (including banking, credit card and PayPal details);
- social media information (including Instagram, Facebook, websites and other like services);
- company name and contact information (including ABN/ACN, business name, company contact, telephone and fax number, email address and registered, postal and business address);
- lifestyle genre and preference information;
- subject expertise, professional development focus, the name and location of your school or workplace, teaching experience and qualifications;
- any information that we may collect using Forms in order to generate a HBDI® Profile;
- other personal information (including information contained in communications between you and us, or forms or other documents provided to us by you and any information we are required to collect by law).
We may also collect personal information as we reasonably determine necessary from time to time for any purpose in connection with the general conduct of our business, for example, in dealing with our agents, suppliers, service providers and contractors.
We only collect personal information which has been provided to us by you. If you would prefer that we do not collect any personal information from you, please do not provide us with any such information. However, please note that you may not be able to use the Service or the Sites if they depend on the collection of that personal information, including if the collection of that personal information is required by law.
An Internet Protocol (IP) address is a small set of numbers automatically assigned to your computer when you log onto the internet. We may use general information about your visit to any of the Sites, including your IP address and the date and time of your visit, to assist us in improving the quality and useability of the Sites.
Use of personal information
- providing you with use of and administering, managing, developing and improving the Services;
- notifying you of opportunities (whether product, service, marketing, promotional or advertising related) that we think you may be interested in;
- responding to your enquiries or complaints;
- identifying you when you contact us;
- generating a HBDI® Profile for you;
- processing payments you have authorised; and
- any other purposes identified at the time of collecting your personal information.
In addition, you permit us to use your personal information:
- where you have consented to the use or disclosure;
- where we reasonably believe that use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone’s health or safety or the public’s health or safety;
- where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
- where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
- where we reasonably believe that use or disclosure is necessary for the prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, or conduct of, proceedings before any court or tribunal (or the implementation of orders of a court or tribunal or on behalf of an enforcement body);
- to develop and improve our (and our related entities’) business, products and services;
- in servicing our relationship with you by creating and maintaining a customer profile or presenting options that we think may interest you based on your browsing and preferences and on your past use of the Services;
- to involve you in market research, gauging customer satisfaction and seeking feedback;
- for research and analysis in relation to our (and our related entities’) business, products and services; and
- for our internal accounting and administration.
- to payment service providers for any payments you make via the Services (we use a third-party payment service provider that is required to take reasonable steps to protect your information);
- to our partners, contractors, suppliers and service providers, including without limitation:
- suppliers of IT-based solutions that assist us in providing products and services to you;
- distributors of electronic marketing and promotional communications;
- marketing, market research, research and analysis and communications agencies;
- external business advisers;
- to a person that uses the Services on your behalf and/or a person you have authorised;
- in accordance with requirements or authorisations under applicable laws or to comply with our legal obligations; and
From time to time, we may also provide summarised or aggregate, non-identifiable data to third parties for the purposes of:
- enhancing the Services that we provide;
- creating summaries and insights with respect to usage of and interactions with the Services and our Sites; and
- analysing and reporting on trends (including comparisons against historical activities).
We take reasonable steps to ensure that third-party recipients are obliged to protect the privacy and security of your personal information and use it only for the purpose for which it is disclosed.
Feedback and surveys
From time to time you may have the option to participate in surveys or provide feedback intended to improve the Services offered by us which may involve providing additional personal information. Your participation in such activities is subject to your consent.
Please be aware that we will not collect any personal information from any user of the Service under 18 years of age and all feedback obtained from these users will be gathered on an anonymous basis.
We may use and disclose your personal information for the purpose of direct marketing to you via direct mail, email, SMS, MMS, targeted digital advertising or any other means of marketing communication, where:
- you have consented to us doing so; or
- it is otherwise permitted by law.
You may opt out of direct marketing communications at any time by contacting us or by using opt-out facilities set out in the direct marketing communications.
We take all reasonable and lawful steps to keep personal information secure, accurate and up to date and only retain your personal information for as long as reasonably required to satisfy the purpose for which they were collected and used (unless a longer period is necessary for our legal obligations or to defend a legal claim). This means that:
- personal information is stored on secure servers in digital format or secured physical files;
- our employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information or data and receive training in personal information handling;
- we only permit authorised personnel to access your information; and
- we encrypt personal information wherever possible.
We will take reasonable steps to protect your personal information as you transmit your information from your electronic device to us and to protect such information from loss, misuse, and unauthorised access, use, modification, disclosure, alteration, or destruction. However, electronic transmission of information is never completely secure or error-free. As a result, while we strive to protect users’ personal information, we cannot ensure or warrant the security of any information electronically transmitted by a user, and users provide their personal information at their own risk. To the maximum extent provided by the relevant laws, we are not responsible or liable for the electronic transmission of personal information to third parties or to us.
The Services we operate may contain links to other websites (Third Party Links). We do not endorse such Third Party Links and are not responsible for any content contained therein. If you decide to access any Third Party Links, you do so entirely at your own risk.
From time to time, our Services may utilise social media integrations and functionality. Where these social media functions are incorporated into our Services, the features may be hosted and/or operated by a third-party social media operator. By using this functionality, you agree and accept that we (and if applicable, the third party operator) may collect information with regard to your use of that functionality.
Additionally, where you have an account with a third-party social media operator, you acknowledge that the third-party operators may combine or integrate your use of our Services with your account.
In some circumstances:
- the third-party social media operators may share information with us in accordance with their own privacy policies; and
- we may share your information with third-party social media operators for the purposes of facilitating the service of targeted advertisements and marketing.
Your data protection rights
- (Access): You have the right to request that we provide you with a copy of your personal information. You may access your personal information by requesting access from our Privacy Officer or us. A service fee may be charged for retrieving and sending this information to you.
- (Rectification): You have the right to request we correct, amend or update any information you believe is inaccurate or incomplete. You may request your information or data be corrected, amended or updated by contacting us on the details provided below.
- (Erasure): You have the right to request that we erase or destroy your personal information in certain circumstances, including where you withdraw your consent, where the data is no longer required for collection purposes or where the data has been unlawfully processed.
- (Restrict Processing): You have the right to request that we restrict the processing of your personal information under certain conditions, including where processing is inconsistent with the reason for which the personal information was collected.
- (Object to Processing): You have the right to object to us processing your personal information under certain circumstances, including the right to object to profiling, automation and direct marketing.
- (Data Portability): You have the right to request we transfer the data we have collected to another organisation or directly to you, under certain circumstances.
To the extent that we rely on our legitimate interests to use your personal information, you also have the right to object to such use (unless we can either demonstrate compelling legitimate grounds for the use that override your interests, rights and freedoms or where we need to process the information for the establishment, exercise or defence of legal claims).
If you know of or suspect any violations of your privacy in connection with your use of the Sites and/or the Service, please contact us immediately at email@example.com
If at any time you:
- would like to access, correct or change any personal information provided to us by you;
- know of or suspect any violations of your privacy in connection with your use of the Sites and/or the Service; or
please contact us via email at firstname.lastname@example.org
Should you wish to read more information on privacy legislation or the Australian Privacy Principles it is recommended that you visit the website of the office of the Australian Information Commissioner at www.oaic.gov.au, the Office of the Privacy Commission at https://www.privacy.org.nz/ or the Personal Data Protection Commission Singapore at https://www.pdpc.gov.sg/.
For information on Axon* Policies, please visit the links below
(*The system that administers the HBDI®)
For the purposes of these Terms, the following capitalised terms have the meanings indicated:
|Device||means any type of device including a computer, mobile phone, tablet or console that enables you to access and use the Sites, Services and Technology.|
|Herrmann||means Herrmann International Asia Pty Ltd ACN 069 721 384, Herrmann International NZ Limited NZBN 9429034280447 and Herrmann International Singapore Pte Ltd UEN 201109592D (as the relevant case may be).|
|Herrmann Platform||means Herrmann’s systems and software for administering Assessments and delivering Products and Services, including the use of the Technology.|
|Forms||means any type of form that may be:|
for the purposes of providing the Services or applying the Technology.
|Practitioner||means a person verified as a practitioner by Herrmann and is the certified practitioner accepting this agreement.|
|Privacy Act||Means the Privacy Act 1988 (Cth), Privacy Act 2020 and Personal Data Protection Act 2012 as amended from time to time (as the relevant case may be).|
|Services||means any and all of the services provided by Herrmann, including any services provided through the Herrmann Platform, the Technology and Sites.|
|Sites||means this website operated by Herrmann as updated from time to time, any Forms used by us, our apps and any of our content on social media sites.|
|Technology||means Whole Brain Technology®, the essence of which involves employing the ‘Herrmann Brain Dominance Instrument®’ (or ‘HBDI’) to measure, evaluate and analyse preferred methods of thinking. Technology includes:|
|Terms and conditions||the terms and conditions published on our Sites and as updated from time to time.|
Last revised: 20 July 2022