Website Terms and Conditions

Welcome to www.healyourheart.school (our Site).

Our Site gives you an opportunity to browse the Site provided by Love By Design Pty Ltd (ABN 38 693 437 740).

These Terms and Conditions (Terms) govern your use of our Site and form a binding contractual agreement between us and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at contact@thelovebydesign.com before using our Site.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

1 ACCEPTANCE OF TERMS

1.1 By browsing, accessing or using our Site, you acknowledge that you have read and understood these Terms and agree to be bound by it, and all our other policies.

2 VARIATIONS TO TERMS

2.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms, subject to the provision of notice.

2.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Site.

2.3 The updated Terms will be taken to have effect on the date of publication.

2.4 Your continued use of our Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by the updated Terms.

2.5 Should you object or disagree to the Terms, your only remedy is to contact at the email address listed in these Terms and immediately discontinue your use of our Site.

3 GENERAL DISCLAIMER

3.1 The information made available on our Site is intended for general education and information purposes only. You acknowledge that nothing on this Site purports to offer, promote, or suggest the provision of medical, psychological or other professional advice of a like nature. You are required to consult with a medical professional for any medical, psychological or psychiatric queries, concerns or issues that you may have.

3.2 Without limiting the generality of clause 3.1, nothing on this Site is to be taken as a substitute for advice in relation to counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice offered by legal, medical or other qualified professionals.

3.3 We provide the information on our Site on an "as-is" basis and whilst every effort is taken to ensure the content provided on the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content and the Site for any purpose.

3.4 Nothing on the Site is a promise or guarantee of results. Any information given, including case studies, is purely based on experience and is for illustrative purposes only.

3.5 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Site, except to the maximum extent permitted by law.

3.6 This disclaimer does not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.

4 YOUR OBLIGATIONS

4.1 You must not use our Site to:

(a) provide or upload false or misleading information, create a false identity or use or attempt to use another person’s account;

(b) hack into any part of our Site through password mining, phishing, or any other means;

(d) circumvent our Site’s structure, presentation or navigational function so as to obtain information that we have chosen not to make publicly available through our Site;

(e) act in a manner that negatively affects other users, including through a denial-of-service attack or a distributed denial-of-service attack;

(f) transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services that are not deemed items, unless expressly authorised by us; or

(g) attempt to modify, reverse engineer, or reverse-assemble any part of our Site.

4.2 Without limiting clause 4.1 above, you must comply with all applicable laws, regulations, codes or standards when using our Site.

4.3 You may be given access to online social media groups, other online or in person forums or events 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 Site or our 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;

(d) information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites 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.

4.4 By posting or otherwise publishing your Content on our Site or our 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;

(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.

4.5 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 Site, 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.

5 COPYRIGHT AND TRADE MARK NOTICES

5.1 All material on this Site, including but not limited to templates, information, text, documents, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse our Content for non-commercial and personal use, you must obtain our prior written permission if you would like to use, copy or reproduce it. You acknowledge that modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

5.2 You acknowledge that you do not acquire any ownership rights by using the Site or our Content.

5.3 The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of ours (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers or in any manner that disparages us.

5.4 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any our Marks without our express written permission.

5.5 This clause survives termination of these Terms.

6 RIGHT TO SUSPEND AND TERMINATE USE OF OUR SITE

6.1 We reserve the right to suspend or terminate your use of the Site if you breach these Terms, as determined by us in our sole discretion.

6.2 Either party may terminate your use of our Site by providing to the other party a minimum of 7 days’ written notice.

7 INFORMATION WE COLLECT AND HOW WE USE IT

7.1 When you use this Site, enquire about our services, make a purchase, book a consultation, join our mailing list, complete a form, or otherwise communicate with us, we may collect personal information from you, including your name, email address, phone number, billing details, and any other information you choose to provide.

7.2 We collect and use this information to:

(a) provide you with access to our Site, services, programs, courses, resources or communications;
(b) respond to your enquiries or requests;
(c) process payments, bookings, registrations or purchases;
(d) send you administrative, transactional or service-related communications;
(e) send you marketing emails, newsletters, updates, offers or promotional material where you have subscribed, opted in, purchased from us, or where we are otherwise permitted by law to do so;
(f) send you SMS messages where you have provided your mobile phone number and consented to receive SMS communications from us;
(g) improve our Site, services, marketing, customer experience and business operations; and
(h) comply with our legal, regulatory, tax and administrative obligations.

7.3 If you provide your email address to us, you agree that we may use it to contact you in relation to our services, your account, your purchases, your enquiries, and relevant marketing or promotional communications. You may unsubscribe from marketing emails at any time by using the unsubscribe link provided in the email or by contacting us directly at contact@thelovebydesign.com.

7.4 If you provide your mobile phone number to us, you agree that we may use it to send you SMS messages, including service updates, appointment reminders, program information, offers, promotions, reminders, or other communications relevant to our services.

7.5 Our SMS messaging program may include messages about our programs, services, events, appointments, reminders, offers, updates, resources, and other information related to our business and services.

7.6 You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

7.7 If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at contact@thelovebydesign.com.

7.8 Carriers are not liable for delayed or undelivered messages.

7.9 As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

7.10 If you have any questions regarding privacy, please read our Privacy Policy.

7.11 We will handle your personal information in accordance with our Privacy Policy and applicable privacy laws. Please refer to our Privacy Policy for further information about how we collect, use, disclose, store and protect your personal information.

8 PAYMENTS AND REFUNDS

8.1 We do not offer refunds for change of mind.

8.2 Where payment is made during, immediately after, or as a result of a consultation call, sales call, enrolment call or other direct conversation with us, any refund request will be assessed in accordance with these Terms and your rights under the Australian Consumer Law.

8.3 If we agree to provide a refund of any amount paid during or following such a call, the refunded amount may be reduced by any non-refundable bank, merchant, Stripe, PayPal, credit card, currency conversion or other payment processing fees incurred by us in receiving or returning the payment, to the extent permitted by law.

8.4 Nothing in this clause limits, excludes or modifies any rights you may have under the Australian Consumer Law.

9 LIABILITY IS LIMITED

9.1 This Site is provided on an "as is" and “as available” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by law.

9.2 Without limiting the generality of clause 9.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Site.

9.3 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.

9.4 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

9.5 This clause applies to the fullest extent permitted by law and shall survive termination of these Terms.

10 YOUR INDEMNITY

10.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against all actions, suits, claims, demands, direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs, calculated on a full indemnity basis, and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) any breach of these Terms by you; and
(b) the enforcement of these Terms.

10.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law.

10.3 We are not responsible and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our services.

10.4 This clause survives the termination of this agreement.

11 NO DISPARAGEMENT

11.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

11.2 Should you breach this clause, you hereby indemnify us in accordance with clause 10 above.

12 LINKED WEBSITES

12.1 Any links to other websites on our Site, which are not operated by us, are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.

13 SEVERABILITY

13.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

14 NO ASSIGNMENT

14.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

14.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

15 BINDING ON SUCCESSORS

15.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

16 DISPUTE RESOLUTION

16.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

16.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

16.3 In the case of claims against us, all notices are to be provided to contact@thelovebydesign.com.

16.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

16.5 Once a mediator is appointed, the parties agree that:

(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

16.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

16.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

16.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

16.9 This clause survives termination of these Terms.

17 APPLICABLE LAW

17.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

18 YOUR FEEDBACK

18.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

18.2 If you have questions or comments regarding this Site or our services, please email us at contact@thelovebydesign.com.

Privacy Policy

Privacy Policy

1. Introduction

1.1 LOVE BY DESIGN PTY LTD (ACN 693 437 740) (we, us, our) recognises the importance of protecting the privacy and the rights of individuals in relation to their personal information.

1.2 This Privacy Policy sets out our commitment to protecting the privacy of your personal information and how it is collected whether through our website (Site), directly from you or otherwise.

1.3 We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles, and we manage the collection and disclosure of your personal information in accordance with these requirements.

1.4 We also uphold your rights to privacy if you are based in the European Union, in accordance with the General Data Protection Regulation (EU) (GDPR). Your rights under the GDPR are listed in clause 11.

1.5 If you do not wish to provide personal information to us, then you do not have to do so. However, this may affect your use of this Site or any products and services offered on it.

2. What is your personal information?

2.1 When used in this Privacy Policy, the term “personal information” has the meaning given to it under the Privacy Act and GDPR.

2.2 In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation.

2.3 If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

2.4 We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users operate on our Site.

2.5 Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

3. What information we may collect from you?

3.1 We may collect the following personal information from you:

(a) names;

(b) email addresses;

(d) credit card details to process payment.

(e) website and social media information;

(f) date of birth;

(g) profession or occupation;

(h) primary language spoken;

(i) marital status; and

(j) details of your personal history, including but not limited to: past experiences, relationships etc.

3.2 We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes:

(a) to provide our services to you;

(b) to allow us to conduct our business functions;

(d) to identify and understand user needs;

(e) to enable us to process your personal data;

(f) to personalise and customise your experiences on our Site;

(g) to send communications requested by you;

(h) to answer enquiries and provide information or advice about existing and new services;

(i) to conduct market research, business development and marketing activities (including direct marketing);

(j) to send you promotional information about our services and about third parties that we think you may find interesting;

(k) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in cooperation with any governmental authority;

(l) to contact you;

(m) to book appointments;

(n) for our internal administrative, marketing and planning requirements; and

(o) to confirm and reschedule appointments.

4. How do we collect your personal information?

4.1 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:

(a) when you make an enquiry about our services;

(b) when you fill in any of our online forms, including when downloading free publications or making online bookings;

(d) during conversations between you and our representatives or through any other means or platforms, including social media;

(e) when you ask to be placed on one of our subscription/mailing lists;

(f) when you become a client or customer of ours or otherwise use our services;

(g) when you use or access our social media pages, which may be collected through use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your services usage;

(h) when you visit any links shared via our social media posts, emails or other landing pages;

(i) during any calls between you and our representatives. These calls may be recorded for training, quality and business purposes;

(j) via face to face interviews;

(k) via focus groups;

(l) via online and telephone surveys; and

(m) via third-party service providers where we understand the third-party will have obtained your consent to disclose this information for social or market research purposes.

5. What happens if we can’t collect your personal information?

5.1 If you do not provide us with the personal information described above, some or all of the following may happen:

(a) we may not be able to provide our services to you, either to the same standard or at all;

(b) we may not be able to provide you with information about services that you may want, including information about special promotions; or

(c) we may be unable to tailor the content of our Site to your preferences and your experience of our Site may not be as enjoyable or useful.

6. Our Site

Site User Tracking Experience

6.1 We may use tracking software to review and improve your experience of our Site, Surveys and landing pages. In particular, we may use Facebook Pixel, Infusionsoft, Active Campaign, Google Analytics, YouTube, etc.

6.2 When visiting our Site, the Site server makes a record of the visit and logs the following information for statistical and administrative purposes:

(a) the user’s server address – to consider the users who use the Site regularly and tailor the Site to their interests and requirements;

(b) the date and time of the visit to the Site – this is important for identifying the Site’s busy times and ensuring maintenance on the Site is conducted outside these periods;

(c) pages accessed and documents downloaded – this indicates to us which pages or documents are most important to users and also helps identify important information that may be difficult to find;

(d) duration of the visit – this indicates to us how interesting and informative our Site is to users;

(e) the type of browser used – this is important for browser specific coding; and

(f) in order to optimise our Site and better understand it’s usage, we collect the visiting domain name or IP address, computer operating system, browser type and screen resolution.

6.3 We may use advertising products, such as Remarketing with Facebook, Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our Site traffic via Google Advertising cookies and anonymous identifiers.

6.4 Data collected via these Google products is not linked with any personally identifiable information you submit while on our Site. If you wish to opt out of the Google Analytics data collection, you may do so on Google's Site at tools.google.com/dlpage/gaoptout.

Cookies

6.5 When you access our Site, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our Site without bothering you with a request to register. It also enables us to keep track of services you view so that, if you consent, we can send you news about those products and/ or services.

6.6 We also use cookies to measure traffic patterns, to determine which areas of our Site have been visited and to measure transaction patterns in the aggregate.

6.7 We use this to research our users’ habits so that we can improve our online services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. We may log IP addresses (that is, the electronic addresses of computers connected to the Internet) to analyse trends, administer the Site, track users’ movements, and gather broad demographic information.

6.8 The Site may contain content and sharing tools embedded from various social networks, such as Facebook. These suppliers may use and place cookies on your device. We do not have access to, and cannot control, these cookies or the personal data and information that they may collect. You therefore need to check the websites of these suppliers to get further information on how they manage cookies and what information their cookies collect.

Security

6.9 As our Site 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.

6.10 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.

Links

6.11 We provide links to websites outside of our Site, as well as to third party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of any companies, businesses, affiliates, advertisers and sponsors, linked to our Site.

6.12 Before disclosing your personal information on any other website or to any third party, we advise you to examine the terms and conditions of using that website and its privacy policy. Third party websites are responsible for informing you about their own privacy practices.

7. Who do we disclose your information to?

7.1 We may disclose your personal information to:

(a) our directors, employees, agents, contractors or service providers, including, without limitation, consultants, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors and business advisors, for the purposes of operating our Site or our business, fulfilling requests by you, and otherwise providing products and/or services to you;

(b) service providers, suppliers and other third parties who assist us to provide our products and/or services to you, but only to the extent reasonably necessary for them to perform those services on our behalf;

(c) credit reporting agencies, courts, tribunals, regulatory authorities and law enforcement officers, where required or authorised by law, including where customers fail to pay for goods or services provided by us;

(d) a purchaser, assignee or transferee in connection with any actual or proposed sale, assignment, merger, acquisition, restructure or transfer of all or part of our business or business assets, subject to clause 7.3 below; and

(e) any other organisation or person for any authorised purpose with your express consent.

7.2 We do not sell, rent, share or transfer your personal information to third parties for their own marketing purposes. We only disclose your personal information where reasonably necessary to operate our Site or business, provide our products and/or services to you, comply with the law, respond to lawful requests, complete a business sale, merger or acquisition, or where you have given your express consent.

7.3 If there is any change or potential change to the control of our business pursuant to the sale, assignment, merger, acquisition or transfer of the business, business assets, assets and/or liabilities, we reserve the right to disclose or transfer our user databases, together with any personal information and non-personal information contained in those databases, to the extent permitted by law. In that event, your personal information may be disclosed to a potential purchaser, assignee or transferee, however any disclosures will only be made in good faith and where confidentiality is maintained.

7.4 For the avoidance of doubt, SMS opt-in data, SMS consent records, mobile phone numbers collected for SMS/text message communications, and any information relating to your consent to receive SMS/text messages from us will not be sold, rented, shared, disclosed or transferred to any third party or affiliate for marketing or promotional purposes.

7.5 SMS opt-in data, SMS consent records and mobile phone numbers collected for SMS/text message communications may only be disclosed:

(a) to service providers who help us deliver the SMS/text message service, but only to the extent necessary for them to provide that service on our behalf;

(b) where required or authorised by law, including to law enforcement, courts, tribunals, regulators or other lawful authorities;

(c) in connection with an actual or proposed business sale, merger, acquisition, restructure or transfer, but only to the extent permitted by law and only where the recipient agrees to protect the information in accordance with this Privacy Policy and applicable laws; or

(d) with your express consent.

7.6 Consent to receive SMS/text messages from us is not transferable. Any SMS/text message consent you provide applies only to communications from us and does not extend to any affiliate, third party, purchaser, assignee, transferee or other organisation unless you provide separate express consent.

7.7 We only disclose personal information if the third party has agreed to comply with the standards in this Privacy Policy and to handle your personal information in accordance with applicable privacy laws.

7.8 Nothing in this clause permits us to sell, rent, share or transfer SMS opt-in data, SMS consent records or mobile phone numbers collected for SMS/text message communications in a way that is prohibited by applicable law, telecommunications provider requirements, carrier requirements or our messaging service provider’s policies.

8. Direct marketing materials

8.1 We may send you direct marketing communications and information about our products and/ or services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).

8.2 If you indicate a preference for a method of communication, we will endeavor to use that method whenever practical to do so.

8.3 In addition, at any time you may opt-out of receiving marketing communications from us by contacting us at contact@thelovebydesign.com or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our subscription/mailing list.

8.4 We do not provide your personal information to other organisations for the purposes of direct marketing.

9. Security and data quality

9.1 We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.

9.2 We strive to ensure the security, integrity and privacy of personal information that you submit to us through our Site. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

9.3 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.

9.4 In addition, our employees and the contractors who provide products and/ or services related to our information systems, are obliged to respect the confidentiality of any personal information held by us.

9.5 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 latter).

9.6 Should a data breach involving personal information occur:

9.7 We will take positive steps to address the breach in a timely manner and take remedial action such that the data breach does not result in serious harm.

9.8 We will undertake reasonable and expeditious assessment to determine if it is an ‘eligible data breach, that is a breach likely to result in serious harm to any individual affected.

9.9 In compliance with Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), we agree that if we become aware of reasonable grounds to believe an eligible data breach has occurred, we will promptly notify the Office of the Australian Information Commissioner (Commissioner), the Association of Market and Social Research Organisations (AMSRO) and the affected individuals at likely risk of serious harm.

10. How long do we retain your personal data?

10.1 We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

10.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

10.3 By Law, we must keep basic information about our customers (including contact, identity, financial and transaction data)for five years for Australian tax law purposes.

10.4 In some circumstances, you can ask us to delete your data; see your legal rights below for further information.

10.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

11. If I am based in the EU, what are my legal rights under the GDPR?

11.1 If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your personal data:

11.2 The right to be informed – that’s an obligation on us to inform you how we use your personal data;

11.3 The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the personal data we hold about you;

11.4 The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate;

11.5 The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason, we need to keep it);

11.6 The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;

11.7 The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);

11.8 The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and

11.9 Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.

11.10 These rights are subject to certain rules around when you can exercise them.

11.11 If you wish to exercise any of the rights set out above, please contact us at contact@thelovebydesign.com.

12. How can you access and correct your personal information?

12.1 You may request access to any personal information we hold about you at any time by contacting us at contact@thelovebydesign.com.

12.2 Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).

12.3 We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you.

12.4 We will not charge for simply making the request and will not charge for making any corrections to your personal information.

12.5 There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

12.6 If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires correction. If we do not agree that there are grounds for correction, then we will add a note to the personal information stating that you disagree with it.

13. How can you withdraw your consent to this Privacy Policy?

13.1 You may withdraw your consent to this Privacy Policy at any point. If you wish to withdraw your consent to our collection and retention of your data, please contact our Data Protection Officer at contact@thelovebydesign.com and we can arrange for your data to be deleted, destroyed or returned to the extent we are permitted by law. However, this may affect your use of this Site or any products and services offered on it.

13.2 You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

13.3 To unsubscribe from our e-mail database, or opt out of any communications, please contact us at the email address listed at the start of the Privacy Policy, with “Unsubscribe” in the subject line of the e-mail.

14. What is the process for complaining about a breach of privacy?

14.1 If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.

14.2 We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act and/or the GDPR, if applicable).

15. Contacting us

15.1 If you have any questions about this Privacy Policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact us at contact@thelovebydesign.com.

15.2 We will treat your requests or complaints confidentially.

15.3 Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved.

15.4 We will aim to ensure that your complaint is resolved in timely and appropriate manner.

16. Changes to our Privacy Policy

16.1 All personal information held by us will be governed by our most recent Privacy Policy, posted on our Site, where the Privacy Policy will be located.

16.2 Any changes to this Privacy Policy may be advised to you by updating this page on our Site. We encourage you to check this page from time to time for any changes.