Privacy
1. INTRODUCTION
Blissful Health with Emma recognises the importance of protecting the privacy and the rights of individuals in relation to their personal information. This document is our privacy policy and it tells you how we collect and manage your personal information.
We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and we comply with all of the Privacy Act’s requirements in respect of the collection, management and disclosure of your personal information. We also adhere to the European Union General Data Protection Regulation (GDPR).
2. YOUR PERSONAL INFORMATION
In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number and email address. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
Your personal information will not be shared, sold or disclosed other than as described in this privacy policy and will only be used for purposes of ‘The Health Haven’.
3. WHAT INFORMATION MAY WE COLLECT FROM YOU?
We may collect the following personal information from you:
name;
current mailing or street address;
email address;
telephone number;
medical information;
age or birth date.
We collect, hold, use and disclose your personal information for the following purposes:
to provide our products and services;
to send communications requested by you;
to answer enquiries and provide information or advice about existing and new products or services;
to comply with any relevant laws or regulations.
4. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:
when you make an enquiry about our products and/ or services;
through your access and use of our website or Facebook page, including when you purchase our products or services through our website;
when you become a customer of ours or otherwise use our products or services; or
Facebook messenger. If you use Facebook Messenger or Instagram, we receive your basic account information that you publicly share from the relevant social media site. We may use this information to respond to your message. We do not keep this information longer than necessary to do this (generally no more than 12 months). We do not combine it with data collected on this Site.
5. OUR WEBSITE
Cookies We use cookies to temporarily remember your location and device type so we can provide you with a better user experience. These cookies are completely safe and secure and will never contain any sensitive information. We do not store this information or share it with anyone.
Security As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
6. WHO DO WE DISCLOSE YOUR INFORMATION TO?
We may disclose your personal information to:
our employees, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, referring you for medical attention and to otherwise provide services to you;
suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and
any other organisation for any authorised purpose with your express consent.
7. MARKETING COMMUNICATIONS
If you have consented to receiving email updates from us, you agree that we may use your information to contact you about offers, events, merchandise or other related products and/ or services that you may find useful. If you don’t want to receive marketing communications from us, you can unsubscribe any time by following the unsubscribe link in any marketing communications received from us, or by contacting us at blissfulhealthau@gmail.com
8. SECURITY AND DATA QUALITY
We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.
We strive to ensure the security, integrity and privacy of personal information that you submit to us through our website. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. We endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or when we are no longer required by law to retain it (whichever is the later).
9. HOW CAN YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION?
You may request access to any personal information we hold about you at any time by contacting us at blissfulhealthau@gmail.com
10. CONTACTING US
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to blissfulhealthau@gmail.com
11. CHANGES TO OUR PRIVACY POLICY
We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website and will be effective from the date of posting. Your continued use of this website indicates your acceptance of any such changes.
Terms and Conditions
This Platform gives you an opportunity to join a community of women who are here seeking inspiration, education and empowerment to live a happy and wholesome life.
These Terms and Conditions (Terms) govern your use of this Platform, including our Facebook Group or any other services belonging the Blissful Health with Emma and ‘The Health Haven’, and form a binding contractual agreement between you as either a member and us.
These Terms are important and you should ensure that you read them carefully and contact Blissful Health with Emma at blissfulhealthau @gmail.com if you have any questions before purchasing our Products and Services.
ACCEPTANCE OF THESE TERMS
1. By accessing, downloading or using the Products and Services offered on our Platform, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Platform. Your continued use of the Platform will constitute your acceptance of any changes. If you object to any changes to the Terms, we suggest you stop using our Products and Services.
GENERAL DISCLAIMER
3. All Blissful Health with Emma Products and Services are intended for general education and information purposes only. Nothing on this Platform, or any of the content provided to you by us as part of the Products and Services, purports to offer medical or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4. Blissful Health with Emma provides support, guidance and tools designed to inspire, educate and empower you to lead a more fulfilled life. Any decisions you make in connection with our products or services, and the consequences that flow from such decisions, is your sole responsibility.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results as everybody will have a different experience and journey.
6. Our Platform supports other women through its Facebook groups, Instagram accounts, or other forums (our Online Community). Access to this Online Community does not mean that Blissful Health with Emma endorses anyone’s products and/ or services. Please be cautious and do your due diligence when interacting with anyone in the Online Community.
BECOMING A MEMBER OF THE HEALTH HAVEN
Registration
7. You can become part of The Health Haven community by registering as a member in our Online Community (collectively, Members, also referred to as Memberships).
8. You must provide accurate, complete and up-to-date Membership registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
9. We may, at any time, request a form of identification to verify your identity.
10. By registering as a Member, you acknowledge and agree that:
a. You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time ;
b. You will immediately notify us if you become aware of any unauthorised use of your Facebook account;
c. You are solely responsible for all access to and use of this Platform, whether such access or use is by you or any other person; and
d. Any information you provide to us for posting or inclusion in our Online Community, at any time, becomes our property.
11. To the extent that you provide personal information, Blissful Health with Emma will treat such information strictly in accordance with its Privacy Policy.
12. You must ensure the security and confidentiality of your registration details. You must not let any other person use your Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
AUTOMATIC RENEWAL OF MEMBERSHIPS
13. Memberships are subject to automatic renewal. If you wish your membership not to automatically renew, please email us at blissfulhealthau@gmail.com with “Cancel Subscription” in the subject line.
14. If we change our Membership prices, we will give 30 days’ written notice.
MEMBERS’ OBLIGATIONS
15. When using our Products and Services, you may be given access to (Online Community) in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Platform or our Online Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c. Information that includes personal or identifying information about another person without that person’s consent.
d. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity Platforms and internet platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f. Any material, non-public information about companies without authorisation to do so.
g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
16. By posting or otherwise publishing Your Content on our Platform or Online Community, you:
a. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b. warrant that you have the right to grant the above licences;
c. warrant that Your Content does not breach these Terms; and
d. consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
17. We reserve the right (but have no obligation) to:
a. review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. monitor use of the Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
MEMBERS’ CODE OF CONDUCT
18. The Health Haven is a space for learning and empowering and is a pitch-free, solicitation-free and sales-free environment.
19. Whilst using this Platform and/or our Online Community, we ask that you not:
a. contact anyone who has asked not to be contacted;
b. collect personal data about other users for commercial or unlawful purposes;
c. infringe other user’s privacy rights;
d. violate the intellectual property of others;
e. post anything that contains software viruses, worms or any other harmful code; or
f. use manual or automated software, devices, script robots, other means or processes to access our Platform or any related data or information.
FINANCIAL TERMS
20. The Health Haven uses Stripe to process payments made through the Platform. Any credit card details and bank account details you provide are maintained by Stripe, and are not accessible by us.
21. Payment processing services for Memberships are provided by Stripe and are subject to the Stripe Connected Account Agreement [//stripe.com/au/connectaccount/legal], which includes the Stripe Terms of Service [//stripe.com/au/legal] (collectively, the Stripe Services Agreement).
22. By agreeing to these Terms or purchasing a Membership on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
23. Members acknowledge that:
a. once you have selected your Membership, fees will be deducted (using the credit card information you have provided, in accordance with the prices listed on the Platform;
b. it is your sole responsibility to ensure that you have sufficient funds available on the credit card for which you have provided us with details to pay for the Membership, and you agree to indemnify us for any loss or damage suffered as a result of you not having such sufficient funds available;
c. payment will be processed through the Stripe System.
24. Membership fees are in Australian Dollars ($AUD) only.
25. We reserve the right to suspend or terminate any Product or Service, at our discretion, if payment is defaulted.
26. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our Products and/or Services.
GST
28. Unless stated to be otherwise, charges referred to for any Products or Services via the Platform are stated inclusive of GST.
29. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Act). Tax Invoice means tax invoice as defined by the Act.
CANCELLATION OF MEMBERSHIP
30. Refunds are not provided for our Products and Services that have been rendered by us, including where you have been given access to Our Content or our Online Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.
31. We reserve our right to decline or cancel any Membership without notice, including any access to our Platform, Online Community or our Products and Services generally at any stage, without reason. If we decline or cancel your Membership in accordance with this clause, we’ll provide a refund pro rata of fees paid.
32. We reserve the right to terminate your use of the Platform, Online Community or our Products and Services generally if you breach these terms, as determined by us in our sole discretion. If we terminate in accordance with this clause, we are not obliged to refund any fees paid.
INTELLECTUAL PROPERTY RIGHTS
33. All material on this Platform, in our Online Community or otherwise delivered by us including (but not limited to) program content, text, graphics, information architecture and coding (Our Content), is subject to copyright. You agree not to infringe Blissful Health with Emmas copyright or any other intellectual property rights in Our Content.
34. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. You must not copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, licensc, sell, transfer, publicly display or perform, transmit, stream, broadcast or otherwise exploit Our Content. for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
35. You acknowledge that you do not acquire any ownership rights by using the Platform or Our Content.
36. The trade marks, logos, and service marks displayed on our Platform are the registered or unregistered trademarks of Blissful Health with Emma. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Blissful Health with Emma, in any manner that is likely to cause confusion with customers, or in any manner that disparages Blissful Health with Emma.
37. Nothing contained on this Platform or in our Online Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
38. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Blissful Health with Emma will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
CONFIDENTIALITY
39. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Products and Services, you agree to respect the same rights of the other users of Alternatively Healthy Products and Services and representatives of Blissful Health with Emma.
40. You agree:
a. That any confidential information shared by other members or users of our Platform or any of our representatives is confidential and proprietary and belongs solely and exclusively to the discloser.
b. Not to disclose such information to any other person or use it in any manner other than in discussion with other members or users of the Platform.
c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
e. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of other members and users of the Platform in the strictest of confidence.
LIABILITY
41. You acknowledge that the Platform (like any other online service) may be subject to delays, limitations, hardware or software incompatibility, or other problems inherent in the use of the internet and electronic commerce, and Alternatively Healthy is not responsible for any inability, delay, failure or any damage, loss or expense caused or contributed to by any use or inability to use the Platform, or the Products or Services.
42. The Platform is (to the extent permitted by law) provided strictly on an “as-is” basis. .
43. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.
44. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Platform, Online Community or Our Content.
45. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Platform, Online Community or Our Content even if we have been advised previously of the possibility of such damages and whether or not such damages arise in contract, tort, under statute, in equity or at law.
46. We are not responsible for, and accept no liability with respect to, content uploaded, posted, transmitted or otherwise made available on the Platform by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Platform simply by facilitating others to post, transmit or make content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us, including those made by members featured on our Platform or within our Online Community.
47. Blissful Health with Emma excludes its liability to the maximum extent possible, and where such loss, or damage or liability cannot be excluded by a law of Australia, is limited, at the option of Blissful Health with Emma to:
a. in the case of Products:
i. the cost of replacing the Products;
ii. the cost of obtaining equivalent products; or
iii. the cost of having the Products repaired;
b. in the case of Services:
i. supplying of the Services again;
ii. the cost of having the Services supplied again.
GENERAL
48. These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
49. Our Platform may contain links to other websites not owned or operated by Blissful Health with Emma. We do not accept liability for the availability or content of these external websites. Your use of any linked websites will be subject to the terms of use contained within each external website and we expressly disclaim any liability arising from access to such external websites.
50. As affiliates of certain products and services we may receive compensation for recommending and promoting products and services linked to from this Platform or via our Online Community.
51. You may not transfer or assign your Membership. We may assign or transfer our obligations under these Terms, provided we give you 5 weeks’ prior written notice.
52. Should a dispute arise between us, we strongly encourages you to contact Blissful Health with Emma at blissfulhealthau@gmail.com to seek a resolution. Any reasonable requests will be considered and Blissful Health with Emma will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
53. We welcome enquiries or feedback on our Platform. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
These Terms were last updated in February 2020