privacy policy
Last Updated: December 26, 2025
This Privacy Policy describes how benjameskelly.com, including its subdomains, affiliated services, and associated mobile or digital offerings (collectively the “Website” or “Services”), collects, uses, discloses, and protects the personal information you provide when you visit or interact with us. By accessing or using the Website or Services, you agree to the terms of this Privacy Policy.
If you do not accept this Policy, please discontinue use of the Website and Services immediately.
1. WHAT INFORMATION WE COLLECT
We collect personal data from you when you voluntarily provide it, and automatically collect data based on your interaction with the Website:
a. Information You Provide Directly
This includes:
Contact details (e.g., name, email address, phone number);
Account and profile information;
Payment and billing information;
Responses to surveys, quizzes, forms, or coaching intake questionnaires;
Content you upload, post, or submit (e.g., comments, testimonials);
Any other data you voluntarily provide.
b. Automatically Collected Information
Like many websites, we gather certain information automatically when you access or use the Website:
IP address;
Device and browser information;
Pages viewed and interaction events;
Usage and performance data;
Cookies and tracking identifiers are used to analyse user behaviour.
Tracking technologies such as cookies, pixels, and web beacons help us understand how you use the Website and to optimise your experience. Cookies do not inherently identify you personally, and you can control or disable them through your browser settings (though this may impact functionality).
2. HOW WE USE INFORMATION
We use your data for legitimate business purposes, including but not limited to:
Providing and improving Services: Fulfilment of purchases, subscriptions, community access, coaching services, and content delivery;
Communication: Sending administrative messages, updates, newsletters, offers (where consented), and support responses;
Personalisation: Tailoring content and recommendations;
Analytics: Understanding site performance and user engagement;
Compliance and enforcement: Enforcing our Terms, protecting legal rights, preventing fraud, and meeting regulatory obligations.
This includes purposes for which you voluntarily provide data (such as newsletter signup or purchase) and as permitted by applicable law.
3. SHARING AND DISCLOSURE OF DATA
We do not sell your personal information for money. However, we may share information as follows:
a. Service Providers and Partners
We share data with third-party vendors who perform services on our behalf, such as:
Payment processors;
Email and messaging platforms;
Analytics and performance tools;
Hosting and security services.
These providers are bound by contractual obligations to protect your data.
b. Legal and Safety Obligations
We may disclose information to:
Comply with legal obligations or enforceable requests (e.g., subpoenas, law enforcement);
Respond to legal process;
Detect and prevent fraud, abuse, or security issues.
c. With Your Consent
We may share your personal data for other purposes if you explicitly consent or request us to do so.
d. Embedded or Third-Party Content
Content or links on our site that direct you to external websites or services are governed by those websites' or services' privacy practices. We are not responsible for their data practices or policies.
4. COOKIES & TRACKING TECHNOLOGIES
We and our partners use cookies, pixel tags, and similar technologies to:
Enhance Website functionality;
Track usage patterns for analytics;
Support marketing and personalisation (where consented).
You can manage cookies via your browser, and opt-out of certain tracking via industry tools such as the Digital Advertising Alliance or Network Advertising Initiative opt-out services.
5. DATA SECURITY AND RETENTION
We implement reasonable technical and organisational safeguards to protect your personal information. However, no system is entirely immune to threats. Transmission of data over the internet is at your own risk.
We retain your data only as long as necessary for the purposes outlined in this Policy, including legal or reporting requirements.
6. YOUR RIGHTS & CHOICES
Depending on your location and applicable law, you may have the right to:
Access your personal information;
Correct inaccurate data;
Delete or restrict processing of your data;
Opt out of marketing communications;
Lodge a complaint with a supervisory authority.
To exercise any of these rights, email info@benjameskelly.com
7. JURISDICTION & REGIONAL NOTICES
This Privacy Policy and all matters arising from or relating to it are governed by the laws of Western Australia, without regard to conflict-of-law principles.
By using this Website or our Services, you agree that any disputes, claims, or proceedings relating to privacy, data protection, or personal information will be subject to the exclusive jurisdiction of the courts of Western Australia, Australia, unless otherwise required by applicable law.
b. International Transfers
Your personal information may be transferred to, stored, or processed in countries other than your own, including Australia and other jurisdictions where our providers operate. Such transfers are governed by applicable law and appropriate safeguards.
8. CHILDREN’S PRIVACY
Our Website and Services are intended for individuals aged 18 and older. We do not knowingly collect or solicit personal information from minors. If we learn that we’ve inadvertently collected data from a minor, we will take steps to remove it.
9. AI AND COMMUNICATIONS DATA
If you interact with any AI features, chat systems, or automated assistants on the Website, messages and interactions may be stored to improve service and analytics, but are not automatically linked to your identity unless you choose to share identifiable information in those communications.
10. UPDATES TO THIS POLICY
We may occasionally update this Privacy Policy to reflect changes in our practices or applicable law. The “Last Updated” date at the top reflects the most current version. Continued use of the Website after changes means you accept the updated terms.
11. CONTACT US
If you have any questions, concerns, or requests regarding your privacy or this Policy, contact us at:
info@benjameskelly.com
