Collection notice and terms and conditions

Smiling Mind collection notice

This collection notice outlines how we (Smiling Mind ACN 161 428 459) (Smiling Mind), collect and handle your personal information in compliance with the Privacy Act1988 (Cth).

Further information on how we manage your personal information can be found in our Privacy Policy on our website (smilingmind.com.au/privacy-policy) or by contacting us at info@smilingmind.com.au.

1. Why we collect your personal information and how we will use it

We collect and use your personal information for the purposes of carrying out our business of providing web and app based meditation programs and face-to-face workshops and seminars. We use your personal information to tailor our products and services to support your learning and to send you information about our products and services, offers and promotions, updates on your progress and to communicate changes to our services or terms and conditions.

2. Circumstances where we collect your personal information and you may not be aware

i. We use “Cookies” to monitor your use of our website. Cookies are small files that are transferred to your computer's hard drive through your web browser and enable our site to recognise your browser and remember certain information. You should be able to configure your computer so that it disables cookies or does not accept them.

ii. We also use analytics tracking in our app, website and web app.

iii. Sometimes we video record our workshops and seminars.

3. Do we collect your personal information from third party sources?

Yes, in the case of a corporate program, seminar or workshop we may collect your personal information from your employer. If you sign-up for a Smiling Mind account through Facebook we will collect your personal information from Facebook upon sign-up. We do not warrant that these third party sources have the same level of privacy protection as us, and you should review their privacy policies to ensure compliance with the Privacy Act 1988 (Cth).

4. Sensitive Information

Some personal information we collect will be more sensitive. For example, how you feel before and after each meditation program. We collect this information so we can support your learning and provide you with tailored programs. We will not disclose your sensitive information to any other party.

5. Direct Marketing

We also use your personal information to send you marketing materials and information about our products and services, offers, promotions and materials to support your learning. This includes emailing you our newsletter. We will not use any sensitive information we collect from you for direct marketing without your prior consent.

If you change your mind in the future, you may withdraw your consent by clicking on the “unsubscribe” link on emails or by contacting us at info@smilingmind.com.au.

6. What are the consequences of you not providing your personal information?

It may be difficult for us to provide you with our full range of services. In particular, if you do not provide your full name and email address you will not be able to register an account. In order to register an account for the Smiling Mind education program you need to provide the name and postcode of your school.

7. Who we are likely to disclose your personal information to

iv. Amazon Web Services, Inc. which provides the infrastructure for us to host our app and website;

v. Campaign Monitor Pty Ltd for our email distribution activities;

vi. Shopify Inc. to process payment of purchases;

vii. Roadhouse Digital Pty Ltd which provides us with technical support; and

viii. Any other agents we engage to provide services to you.

We will not disclose your sensitive information to any other party.

8. How can you access, update or make a complaint about our handling of your personal information?

By contacting us at info@smilingmind.com.au. Our Privacy Policy contains information on how you can access your information, request changes and make a complaint if you have a concern relating to our handling of your personal information or any breaches of the Australian Privacy Policies. You can access our Privacy Policy on our website (smilingmind.com.au/privacy-policy). Alternatively, if you would like a copy sent to you then please request it by contacting us at info@smilingmind.com.au.

9. Disclosure to overseas entities

i. We disclose our email lists to Campaign Monitor, an email distribution management service. Campaign Monitor may store personal information we provide to it on servers located in the United States of America.

ii. We disclose your contact details, payment details, IP Address and device data to Shopify when you purchase our products and services. Shopify may transmit personal information outside of Australia. In this case any personal information is subject, by law, to a comparable level of protection as that provided by Shopify.

Website and application terms of use

1. Terms of Use

1.1 The website, located at smilingmind.com.au(Website), and application, Smiling Mind (Application), are owned and operated by Smiling Mind Pty Ltd ACN 161 428 459 (Smiling Mind).

1.2 By downloading, installing, displaying or using the Website and/or Application, you agree to be bound by the terms and conditions set out below (Terms of Use).

1.3 In these Terms of Use, a reference to "we" or "us" is a reference to Smiling Mind.

1.4 A reference to "you" or "your" in these Terms of Use is a reference to any person accessing, viewing or using the Website or Application, including a Registered User.

1.5 The Terms of Use also incorporate and include the following terms and conditions:

(a) Smiling Mind Privacy Policy; and smilingmind.com.au/privacy-policy

2. Registration and Use

2.1 You may use the Website and/or Application to view information and material and participate in mindfulness courses and programs (Products).

2.2 In order to subscribe to use the Products, you will need to register as a user (Registered User) and create an account (Account). If you are under the age of eighteen (18) years, you may create a sub-account with the permission of your parent or legal guardian pursuant to item 3

2.3 Subject to obtaining our prior written consent for any other use, you may only use the Website and Application for personal use.

2.4 Registered Users may access the Website and Application at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website and Application will otherwise depend on factors outside our control and we do not accept any responsibility for those factors such as the quality of your internet connection, the type of computer or mobile device used to access the Website or Application and your software.

2.5 The Application is currently available on mobile devices running Android OS and Apple iOS. If the requirements for Android OS or Apple iOS (or for any additional system we decide to extend the availability of the Application too) change, you will need to download or perform updates if you would like to continue your use of the Application. We do not accept any responsibility if your use of the Application is affected during this time.

2.6 You acknowledge that you have no rights in, or to, the Website or Application or technology used to support the Website or Application, other than the right to use the Website and Application in accordance with the Terms of Use.

3. Account and Sub-Account

3.1 At the time of becoming a Registered User you will be asked to create an account (Account). It is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access.

3.2 You agree to provide accurate and complete information when you become a Registered User and create your Account.

3.3 In addition to creating an Account, you may create a sub-account for persons under the age of eighteen (18) years (Sub-Account), provided you are that person’s parent or legal guardian.

3.4 The Sub-Account user may only use the Website and Application in accordance with these Terms of Use.

3.5 As the Registered User, you agree and accept all responsibility for the registration and use of any Sub-Account. You further agree to be bound by the Terms of Use in relation to any Sub-Account created and you are responsible for ensuring that any person(s) using the Sub-Account complies with the Terms of Use.

Limitations on Use

4.1 By accessing and using the Website or Application you warrant and agree that you will:

(a) not use the Website or Application for any other purpose then provided under the Terms of Use;

(b) not use the Website or Application for any commercial purpose without our prior written consent;

(c) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website or Application in any way whatsoever;

(d) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

(e) not use the Website or Application for any activity which is obscene, indecent, offensive or defamatory;

(f) not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or Application or any information contained within it;

(g) refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website or Application;

(h) not use the Website or Application with an incompatible or unauthorised device;

(i) refrain from uploading onto the Website or Application any material, or use the Website or Application in any way which:

(i) infringes the intellectual property rights of any person; or

(ii) is unlawful or violates any law;

(j) not breach any other terms of the Terms of Use or our Privacy Policy.

5. Technical information and Security

5.1 The transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure the Website and Application, you access the Website and Application at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of the Website or Application.

5.2 You acknowledge that it is your responsibility to:

(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and

(b) ensure that whatever you select for your use in the Website and Application is free of viruses of anything else that may interfere with or damage the operations of your computer of mobile device.

5.3 We do not warrant that functions available on Website or in the Application will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

6. Intellectual Property

6.1 The Website and Application contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

6.2 You should assume that any intellectual property in the Website and Application is owned by Smiling Mind or third parties and unless permitted by law, you must not:

(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website or Application; or

(b) commercialise any information, products or services obtained from any part of Website or Application without our prior written consent.

7. Smiling Mind Product Subscription

7.1 The Products are provided in good faith and are designed to promote stillness and awareness and introduce people to the benefits of meditation.

7.2 Once you have logged into your Account with your username and password you may subscribe to use the Products (Subscription).

7.3 You may be asked to click “I accept” prior to completing a Subscription for Products confirming your acceptance of the Terms of Use. If you do not click “I accept” you will not be able to complete your Subscription.

7.4 You warrant and agree that:

(a) by placing a Subscription with us you are a Registered User;

(b) all Products you subscribe to are for your own personal use;

(c) you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to complete the Subscription;

(d) you will keep your Account details including your username and password confidential and secure;

(e) you will be solely responsible for all Subscriptions made through your Account and any Sub-Account created.

7.5 Our promotion of Products is only an invitation to treat and does not of itself constitute an offer to sell or guarantee the availability of the Product.

7.6 There may be Products in the Application that require payment before the Subscription can be processed (Paid Subscriptions). Paid Subscriptions will not be provided until payment in full has been received by us.

7.7 Paid Subscriptions must be paid online through the Application, Website or a secure payment site (if applicable). The prices displayed on the Website and Application for Paid Subscriptions are current at the time of display but are subject to change. All prices are advertised in Australian dollars and are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

7.8 We reserve the right to accept, cancel or reject any Subscription for Products for any reason including, without limitation, where the Product is not available, there is an interference or disruption with the Website or Application or the Subscription has been made in breach of these Terms of Use. You acknowledge that, subject to us refunding any payment received from you, you have no right or claim against us for any loss, damage, cost or expense arising from our cancellation or rejection of any Subscriptions for a Product.

7. 9 We acknowledge that under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth)), certain statutory expressed and implied guarantees and warranties may be implied into these Terms of Use (Non-Excluded Guarantees). Nothing in these Terms of Use purports to modify or exclude the Non-Excluded Guarantees.

7.10 To the maximum extent permitted at law, the liability of Smiling Mind and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns, for a failure to comply with a Non-Excluded Guarantee, is limited to, at Smiling Mind’s option:

(a) the replacement of the Product or the supply of the equivalent Product;

(b) the payment of the cost of replacing the Product or of acquiring equivalent Products;

(d) the payment of the cost of the having the Product repaired.

7.11 In circumstances where the Non-Excluded Guarantees do not apply, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to use of the Product or Paid Product.

7.12 You acknowledge that you do not rely on the skill or judgment of us when deciding whether or not the Products are fit for any particular purpose.

8. Third Party Websites and Applications

8.1 The Website and Application may contain links to websites and applications owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites and mobile applications.

8.2 Links to third party websites and mobile applications are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.

8.3 We make no representations or warranties and are not liable for:

(a) the content or accuracy of any information contained in linked websites and applications and third party websites and applications; and

(b) any loss or damage suffered as a result of access to, or use of, these third party websites and mobile applications, or the reliance on the information contained within.

8.4 You must make your own enquires as to the suitability of the content of third party websites and applications and the goods and services available for sale on them.

8.5 Third party websites and applications may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

9. Email Notifications and Push Notifications

9.1 When you create an Account you agree to us sending you communications via email (Email Notifications). You may choose to stop receiving Email Notifications at any time by clicking the “unsubscribe” link at the bottom of our Email Notifications.

9.2 If you do not opt-out from Email Notifications the Website will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.

9.3 When you download and install the Application on your mobile device, a pop-up may appear asking whether you would like to receive alerts, badges, banners and sounds (Push Notifications) from the Application to your mobile device.

9.4 If you select “yes” to receive Push Notifications, the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of those Push Notifications.

9.5 You can choose to stop receiving Push Notifications at any time through the Application’s settings menu.

10 Suspension or Termination

10.1 We reserve the right to suspend or terminate your access to the Website and/or Application at our sole discretion if we believe there has been a breach of these Terms of Use.

10.2 In the above instances, we will endeavour to notify you of the breach and ways in which you can remedy it.

10.3 Should you fail to remedy the breach within a reasonable time, you must immediately delete or remove the Application from any and all mobile devices and immediately destroy all copies of the Application in your possession or control and certify, if requested by us, that you have destroyed copies of the Application.

10.4 We reserve the right to cease operating the Website and/or Application at any time, without notice, and to terminate this agreement under the Terms of Use.

10.5 You have the right to terminate this agreement under the Terms of Use by deleting the Application from your mobile device and ceasing use of the Website.

11. Exclusion of Warranties

11.1 While we endeavour to ensure the accuracy and completeness of the information contained on the Website and in the Application, that information may contain errors and omissions and is subject to change.

11.2 To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:

(a) any material and/or information on the Website or in the Application;

(b) the performance and availability of the Website or Application;

11. 3 Where liability cannot be excluded, any warranty by us in relation to the use of the Website or Application or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

11. 4 We make no warranties or guarantees that the use of the Website or Application will achieve your desired state of clarity, calm and contentment or improve your mental state. The information, courses and programs provided on the Website or in the Application are intended for the benefit of the general public and are not intended to replace or substitute advice from a qualified health care professional.

12. Limitation of Liability

12.1 To the maximum extent permitted at law, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:

(a) the use of, or reliance on, any of the information or material on the Website or in the Application;

(b) the use of other third party linked websites or applications;

(d) the suspension, termination or interruption of the Website or Application in whole or in part for whatever reason;

(e) the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website or Application.

12.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Application or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

12.3 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, the Website and Application.

13. Privacy

13.1 You acknowledge that information about you, including information provided upon becoming a Registered User and creating an Account will be held by us in accordance with our Privacy Policy smilingmind.com.au/privacy-policy.

14. General

14.1 We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time and such amendment will be effective immediately upon appearing on the Website or in the Application. Please ensure that you review these Terms of Use regularly as your continued use of the Website and Application will be deemed acceptance to any variation of the Terms of Use.

14.2 If any part of the Terms of Use are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms of Use shall continue in full force and effect.

14.3 No waiver of any breach of the Terms of Use will be construed as a waiver of any other breach of the Terms of Use.

14.4 The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Victoria and you agree to submit to the jurisdiction of those courts.

14.5 For further information on using this Application, please contact Smiling Mind at info@smilingmind.com.au.