Privacy Policy

Breath X Australia Pty Ltd ABN: 15 682 480 324 (“we”, “our”, and “us”) recognises the importance of protecting your privacy. We are committed to safeguarding your personal information in all our interactions with you.

In the process of delivering our services, we may need to collect certain personal information from you. This Privacy Policy outlines how we and our associated entities gather and protect your data. We are dedicated to handling your personal information in full compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

Scope of this Policy

This policy covers all personal information that we collect, use, and manage in the course of our business operations. Personal information refers to any data that can identify you or make you reasonably identifiable, whether the information is true or not, and regardless of how it is recorded.

Personal information

This Privacy Policy encompasses all personal information we collect and manage. Personal information refers to any data or opinion about an identified individual or one who can be reasonably identified, regardless of its accuracy or form of recording. At Breath X, we treat all personal information with the utmost confidentiality, adhering to strict privacy protocols. This may include, but is not limited to, details such as your name, signature, address, telephone number, date of birth, financial information (including bank account and credit card details), photographs, and any commentary or opinions about you. We are committed to safeguarding all such information in accordance with applicable privacy laws and regulations.

Personal information that we may collect from you

We may collect some or all of the following types of personal information:
information that you give us through your dealings with us;
information that we may collect from you; and
information that we may receive from you from other third-party sources.

This information may include, amongst other things:
your name;
your contact details, including email address, mailing address, street address and/or telephone number;
your age and/or date of birth;
your credit card details;
medical history;
your demographic information, such as postcode;
your preferences and/or opinions;
information you provide to us through customer surveys;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Site and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party
By agreeing to this Privacy Policy, you consent to the fact that you are aware that we are collecting your personal information and disclosing it as required by us and in accordance with the Privacy Act 1988 (Cth) and any applicable Australian Privacy Principles.

How personal information is collected

“Personal information” encompasses any data that identifies, relates to, describes, can be used to contact, or could reasonably be linked to you, either directly or indirectly. In the context of this Policy, we consider “personal information” and “personal data” to be interchangeable terms. While you have the option to withhold certain personal information, it’s important to note that some of our Services require specific data to function properly. If you choose not to provide the necessary personal information for a particular Service or feature, you may be unable to access or use that specific Service or feature. We respect your right to privacy, but we also want to ensure you can fully benefit from our offerings.

Information that you give us

We may gather your personal information through various direct interactions with you. This could occur when you fill out forms or applications, reach out to us via email, phone, or social media platforms, engage with us in person, participate in marketing initiatives or competitions, or respond to surveys. These interactions may take place directly through our website or via third-party platforms. It’s important to note that we rely on the accuracy and currency of the personal information you provide. We operate under the assumption that any information you share with us is up-to-date and correct. Please ensure that you keep your personal information accurate and inform us of any changes to maintain the quality of our services and communications.

Information that we collect about you

Our website may automatically collect certain information about you during each visit. This includes technical details such as your Internet Protocol Address, the internet browser and version you’re using, any additional plug-ins, and your computer’s operating system and platform. We also gather data about your interaction with our site, including the time and date of your visit, the specific content you accessed, the duration of your engagement with different elements, any downloads you made (whether from our site or third-party hosts), and your navigation patterns both within our website and to other sites or pages we host. This information helps us understand how visitors use our site and allows us to improve our services and user experience.

Sensitive information

Throughout our data collection process, we may gather sensitive information about you. This category includes details such as your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sexual orientation, criminal record, health information, genetic data, and biometric information. We adhere strictly to Principle 3.3 of the Australian Privacy Principles when collecting such sensitive information. This means we will only obtain this data with your explicit consent and for reasons directly related to or necessary for providing our services. By consenting to our collection of your sensitive information, you also agree to our use of this data for the purposes for which it was collected, including potential disclosure to third parties. We handle all sensitive information with the utmost care and confidentiality, ensuring compliance with relevant privacy laws and regulations.

How we use your personal information

You consent to the disclosure of your personal information to any of our related entities.
You consent to our collection of your personal information and disclosing it to third parties where necessary and for the purposes for which it was collected.
This may include:
1. using your personal information to provide you with information that you have requested from us;
2. authenticating your credit or debit card account information;
3. using your personal information for marketing purposes to provide or offer services to you. This includes, but is not limited to, keeping you up to date with our latest news, events, special offers and promotion of our brand or other similar products that we think that you may be interested in. This includes both our direct marketing to you or another third party whom you have authorised us to disclose your personal information to;
4. to notify you about any changes to our products, website, brand or services offered;
5. to seek your opinion and feedback on any of our services, including for the purposes of product improvement and customisation, website improvement and personalisation and other general services;
6. for consumer engagement and or customer service purposes, including but not limited to identifying the effectiveness of advertising, allowing you to participate on website viral features such as sharing website content and other community features (e.g. blogs);
7. for other general services such as website security, maintenance, identification of fraud or errors, internal accounting and administration, and for any other purpose that we are required or permitted to do by law; and
8. to manage our relationships with you and our other customers.

Legal obligations to disclose

We may be required to disclose your personal information for the purposes for which it was collected and also subject to our legal obligations:
1. as required by law;
2. to any person where necessary or desirable in connection with our provision of Services; and
3. on a confidential basis to our external service providers and advisors.

To clarify, you consent to us disclosing your personal information to our business partners, suppliers, subcontractors, advertisers, advertising networks, analytics providers, search engine providers, or other third parties, provided that the disclosure is for purposes related to or necessary for the Services we or these third parties offer you, or for purposes consistent with the original reason your information was collected.

We may also share your personal information with third-party business partners for their own marketing purposes. These third parties may include online advertisers or ad technology companies that provide targeted advertising and marketing communications, where permitted by law. The information we share may include data collected through your use of our Services and information gathered via cookies and similar technologies.

You acknowledge that we are authorised to disclose your personal information to third parties in specific circumstances, such as during the purchase or sale of any business or assets (including our own), if we are legally obligated to disclose it, or if it is necessary for investigating suspected unlawful activities.

You also consent to the disclosure of your personal information to overseas recipients and acknowledge that such recipients may not be required to comply with the Privacy Act 1988 (Cth) or the Australian Privacy Principles. If you have any objections to us sharing your personal information with overseas recipients, please notify us immediately.

Furthermore, you consent to us disclosing any information necessary to meet our reporting obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

We will take all reasonable steps to ensure that any overseas recipient of your personal information does not knowingly or intentionally breach the Australian Privacy Principles in relation to your data.

How we store your personal information

We implement commercially reasonable technical, administrative, and physical security measures to protect your information from loss, misuse, unauthorised access, disclosure, alteration, and destruction.

When transmitting your credit or debit card account information to or through our Services, it is protected by cryptographic protocols. To clarify, BHC does not store your credit or debit card account information directly, and we do not have direct control over or responsibility for this data. We use third-party payment processors who are the controllers of your credit card information. Our contracts with these third parties require them to keep your information secure and confidential. However, we cannot guarantee that transmissions of your financial information or other data will always be secure or that unauthorised third parties will never breach our security measures or those of our third-party service providers. Except where liability cannot be excluded or limited by applicable law, we assume no liability for disclosure of your information due to transmission errors, unauthorised third-party access, or other causes beyond our control.

We will retain your information only for as long as necessary to fulfil the purposes for which it was originally collected. We will delete your information after a reasonable time. You may need to re-enter your personal information if it has been deleted. You agree that your personal information may be stored or transferred within Australia or to destinations outside Australia. This allows staff operating outside Australia (whether employed by us, engaged by us, or otherwise authorised under this Privacy Policy) to process your information for the purpose of providing our Services. We take reasonable steps and precautions to ensure that any transmission of your personal information via the internet is secure. However, we cannot guarantee the security of data transmitted to our site, and you acknowledge that such transmissions are at your own risk. Once we receive your information, we take reasonable measures to protect it. This may include storing information on secure servers and employing strict procedures and security features to protect your personal information from unauthorised access or recipients. We may also store your personal information in physical form. All our employees with access to your information are bound by the confidentiality obligations set out in this Privacy Policy.

Our website uses “cookies” – small pieces of data sent from a website and stored in your web browser. These allow our website to remember who you are and obtain information to deliver a better, more customised service. Through cookies, we may collect information such as your IP address, online activity, and web browser details. We will not collect or store passwords or other sensitive information. If you have enabled cookies when accessing our website, we consider this as consent to our use of cookies and other technologies mentioned in our Privacy Policy.

Please also refer to our website’s Terms and Conditions for further information on this issue.

You have the right to request access to the personal information we hold about you by contacting us or our Privacy Officer at info@thefyr.com.au or in writing at Unit 1007, 117 Bathurst St, Sydney NSW 2000. If we cannot provide access, we will explain why in writing.

If any personal information we hold about you is inaccurate, incomplete, or not up to date, you may request that we correct it by writing to us or our Privacy Officer at the above address. You have the right to request that we do not disclose your personal information (e.g., for marketing purposes). You can exercise this right by unchecking relevant checkboxes on our website when providing your personal information, or by writing to us at the above address. You may opt-out of receiving further correspondence from us by writing to us at the above address or emailing us at info@thefyr.com.au.

Complaints

If you have concerns regarding a potential interference with your privacy or the possible misuse of your personal information, please reach out to us at info@thefyr.com.au. We take all complaints seriously and are committed to addressing them in a timely, effective, fair, and consistent manner. If you are not satisfied with our response, you have the right to escalate your complaint to the Office of the Australian Information Commissioner.

Privacy Policy updates

This Privacy Policy was last updated in March 2025. We reserve the right to modify this Privacy Policy at any time. We encourage you to review this Privacy Policy regularly to stay informed about any changes and how your information may be utilised.