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Privacy Policy

by Witness Performance

At Witness Performance we are committed to ensuring the privacy of our community is well protected and is compliant with Australian Commonwealth and Victorian privacy laws and the General Data Protection Regulation (GDPR) in the European Union. When you access and use our site, this indicates you accept this policy and, in doing so, consent to the collection, use and distribution of information as described below.


Witness Performance collects personal information in a number of ways, including when you:

Ask to be placed on a mailing list;
Subscribe to our services and become a customer;
Make an enquiry about our services;
Visit our website;
Supply goods or services to us;
Answer a Witness readers survey;
Post a comment on our site; and
Provide information to us.

When you visit our website, ‘cookies’ allow us to identify movements around our site. A cookie is a message given to a web browser by a web server. The browser stores the message in a text file. The message is then sent back to the server each time the browser requests a page from the server.

Cookies used in our website include an anonymous unique identifier that allows our website to recognise you and give you access to your account when you’re signed in. You need to accept cookies from this website in order to use your account. The only personal information a cookie can contain is information you supply yourself.


Contact and delivery details;
IP address;
Device (iPhone, laptop, etc);
Web browser (Safari, Firefox, etc);
Date and time of access and/or purchase;
Referral information – for example, the site you came from;
Account information (email address, credit card issuer, billing address details);
Information provided by you through a Witness Performance readers survey; and
Information you post on our blog page when you submit a comment.

Witness and its related entities are not responsible for any information you’ve provided in public areas of our site, which may then be collected by other users.



The information we collect will be used to help us:

Provide products and services to you;
Collect payment and deal with your account;
Communicate with you;
Improve the quality of our service;
For fraud-prevention purposes;
Analyse the usage of the website;
Assist us in promotions and marketing our services to you including advising you of updates or changes to our products and services.

Because most of the information is collected directly from you, you will normally be aware of the purpose of the collection. We take all reasonable steps to ensure the information held is accurate, up-to-date, complete, relevant and not misleading.

When you provide your email address you agree to receive emails from us. If you wish to opt out of receiving any emails you may unsubscribe by clicking on the link within the email or by advising us by sending an email to info at witnessperformance.com.


Sometimes we might use the personal information we collect for a secondary purpose; that is, for use in a way that is different from the primary purpose. We will only do this where:

You have consented;
The secondary purpose is related to the primary purpose and you would reasonably expect us to use the information in such a way; or
We are required or permitted by law to use the information in such a way, or it is in the interests of public safety to do so.

Secondary purposes may include:

Billing and account management;
Business planning and product development;
Providing you with relevant information, including promotions, about our products and services, the products and services of our related bodies corporate and/or the products and services of our business partners or joint venturers;
Enabling us to better understand your needs and interests;
Improving the content, functionality and usability of our website;
Improving our marketing and promotional efforts;
For any other purpose identified in any other agreement between you and us;
Issues, news or other information relevant to your dealings with us, or about us generally, or the industries in which you or we operate; and
As otherwise described in this Privacy Policy.

We will never sell information provided to us.


We take all reasonable, best practice steps to protect your personal information from misuse, interference and loss and unauthorised modification, access or disclosure.

Please be aware that the internet is not secure and personal information you send to us via the internet is done so at your own risk.

Where we no longer require your personal information for a permitted purpose and it is not required to be retained by law, we will take reasonable steps to destroy or permanently de-identify it.


As part of providing our products and services to you we may be required to disclose your personal information to third party organisations such as:

Our legal, accounting, financial or other professional advisers;
Outsourced service providers such as other agencies that distribute and deliver our products to you and assist us with promotions or competitions;
Regulatory and other government agencies as required by Australian law;
A court, if required by a court order or other legally enforceable request such as an injunction or subpoena,
Our related entities.

By continuing to use our services and website you consent to such disclosures to third parties.


Witness Performance uses social media websites to share information and to engage with the public. Some social media websites and applications may make personally identifiable information available to the public. Please be aware that privacy policies provided by social media websites may not be the same as the privacy policy described here.

We advise that personally identifiable information or other information you share via social media or applications may be accessible by third parties.


You may request a copy of the personal information we hold about you by submitting a written request to info at witnessperformance.com. You will be required to verify your identity and to specify what information you require.


You may change any of your Personal Data in your Account [by editing your profile within your Account or by sending an email to us at the email address set forth below]. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purpose.


We retain Personal Data only as long as we have an ongoing legitimate business need to do so (e.g. to provide you with a service or to comply with legal or tax requirements). At your request, we will delete your Personal Data or anonymize it so that it no longer identifies you, unless otherwise required by law.


If you are a resident of the European Union or the European Economic Area, you have the following data protection rights under the GDPR:

You can access, correct, update, or request deletion of your Personal Data by emailing info@witnessperformance.com.
You can object to the processing of your Personal Data, or ask us to restrict the processing of your Personal Data by emailinginfo@witnessperformance.com.
You can request an archive of Personal Data by emailing info@witnessperformance.com. We will provide you with a .csv file or files containing your Personal Data.
You have the right to opt-out of marketing communications. To do so, click on the “unsubscribe” link in the email.
You have the right to complain to a data protection authority about our use of your Personal Data. For more information, please contact your local data protection authority.
We respond to all requests from individuals wishing to exercise their data protection rights within 30 days, and do not charge a fee for fulfilling such requests.


This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.


If you have any questions about our privacy policy or our use of your information, please contact us at info at witnessperformance.com

January 2018

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