To use the Smiling Mind applications we require you to read and accept the following Terms.
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 Act 1988 (Cth).
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 firstname.lastname@example.org.
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?
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.
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).
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.
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.
Limitations on Use
4.1 By accessing and using the Website or Application you warrant and agree that you will:
(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;
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).
7.4 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)).
7.10 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;
(c) the repair of the Product; or
(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.
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
10.2 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.
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;
(c) the loss, damage or corruption of any data or other material as a result of the use 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;
(c) the unauthorised access of your Account or Sub-Account (if applicable);
(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).
14.5 For further information on using this Application, please contact Smiling Mind at email@example.com.
For the purposes of this policy, 'personal information' means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
1. Open and transparent management
We take our obligations under the Privacy Act 1988 (the Act) and the Australian Privacy Principles (APPs) very seriously and have implemented practices, procedures and systems to ensure we comply with those laws.
We are committed to maintaining the confidentiality and security of your personal information and managing it in an open and transparent way.
2. Using a pseudonym or being anonymous
Wherever it is lawful and practical, you have the option of using a pseudonym or not identifying yourself when dealing with us. However, by doing so you acknowledge that it may affect our ability to provide our goods and services to you. You will need to provide us with accurate personal details when you sign up to Smiling Mind.
For clarification on circumstances where you must identify yourself, please contact us at firstname.lastname@example.org. You may use a pseudonym or not identify yourself when making such a request.
3. Collection of solicited personal information
3.1 Types of information collected
In the process of conducting our businesses, we collect a range of personal information about our current and prospective users, suppliers, agents, service providers, other business associates and the people who run the businesses we deal with. This information can include such things as name, email address, date of birth, gender, school and postcode.
3.2 Personal information (that is not sensitive information)
We will only collect your personal information where:
(a) it is reasonably necessary for us to pursue one or more of our functions or activities; or
(b) we are required to by law.
3.3 Sensitive information
Some personal information (e.g. race, ethnicity, health information etc.) is sensitive and requires a higher level of protection under the Privacy Act. We will only collect your sensitive information when:
(a) we have your consent; and
(b) the collection is reasonably necessary for us to carry out one or more of our functions or activities.
3.4 Exceptions to the need for your consent
We will not need your consent to collect your sensitive information when:
(a) it is required or authorised by law;
(b) a 'permitted general situation' exists as defined under the Act; and
(c) a 'permitted health situation' exists as defined under the Act.
3.5 Collection by lawful and fair means
3.6 Collection from you
We will directly collect your personal information unless:
(a) we have your consent to collect it from a third party; or
(b) we are required or authorised by law; or
(c) it is unreasonable or impracticable to do so.
4. Dealing with unsolicited personal information
If we receive your personal information from a third party without having asked you for it, then within a reasonable time, we will determine whether we could have collected it in the ways outlined in paragraph 3 above. If we determine that it could not have been collected in one of those ways and it is lawful and reasonable to do so, then as soon as practicable we will:
(a) destroy the information; or
(b) ensure that it is de-identified.
5. Notification of collection
Before or at the time of collecting your personal information (or as soon as practicable afterwards) we will take reasonable steps to notify you or ensure you are aware of the following:
- our identity and contact details;
- circumstances where we have collected your personal information from you without your knowledge or from someone other than you;
- circumstances where we are required or authorised by law to collect your personal information;
- reasons why we have collected your personal information;
- what may happen if we do not collect all or some of your personal information;
- details of the persons or entities that we usually disclose personal information to;
- how you may access and seek correction of your personal information;
- how you can lodge a complaint with us;
- whether we are likely to disclose your personal information to overseas recipients and if so, details of the likely countries that may receive your personal information.
6. Use or disclosure
6.1 Personal information that is not sensitive
We will only hold your personal information for the purpose of conducting our business as an online educational resource (Primary Purpose).
We will not use or disclose your personal information (not being sensitive information) for another purpose (Secondary Purpose) unless:
(a) we first obtain your consent; or
(b) you would reasonably expect us to use or disclose it for a Secondary Purpose that is related to the Primary Purpose or - in the case of sensitive information – directly related to the Primary Purpose; or
(c) we are required to by law; or
(d) a permitted general purpose exists; or
(e) a permitted health situation exists; or
(f) we reasonably believe it is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. In this circumstance we will make a note of such disclosure.
7. Direct marketing
7.1 What is direct marketing?
For the purposes of this policy, 'direct marketing' is the promotion of goods and services directly to you including through emails, phone calls and the post.
7.2 Adoption of direct marketing laws
How we use your personal information for direct marketing is tightly controlled by the Act. We will follow those laws to ensure you only receive direct marketing in circumstances where you are expecting to.
Under the Act we may use your personal information for the purposes of direct marketing if:
(a) we collected the information directly from you; and
(b) you would reasonably expect us to use or disclose your personal information for the purpose of direct marketing.
7.3 Personal information provided by third parties.
Unless it would be impracticable or unreasonable, we need your consent when:
(a) collecting your personal information from a third party for the purpose of direct marketing; or
(b) you would not reasonably expect to receive the direct marketing.
If at any time you want to know who provided us with your personal information, then please send a request to us at email@example.com. We will provide the details of that third party within a reasonable time and without charge.
7.4 Sensitive information
We will not use your sensitive information for the purposes of direct marketing unless you have given us permission in writing.
We will always provide a simple means for you to 'opt-out' from receiving direct marketing, which typically involves an 'opt-out' or 'unsubscribe' link on emails, a check box on the collection notice or through a pop-up on your screen when you provide personal information online or via the app.
We will not use or disclose your personal information for the purposes of direct marketing material if you have previously told us not to.
If at any time in the future you do not want us (or one of our service providers) to send you direct marketing material or you wish to cancel a previous consent, please inform us by contacting us at firstname.lastname@example.org. We will affect the change in a reasonable time and without charge.
8. Cross-border disclosure of personal information
We will always endeavour to store your information on an Australian server. However, in circumstances where this is not possible, we may disclose your personal information to an overseas entity when we:
(a) have taken reasonable steps to ensure that they also treat it in accordance with the Act; or
(b) reasonably believe that the overseas entity is subject to the same or similar laws to that found in the Act and there are ways that you can take action to enforce those overseas laws; or
(c) expressly inform you of your option to consent to that disclosure and you then provide us with informed consent to do so; or
(d) are required or authorised by law; or
(e) a permitted general purpose exists; or
(f) a permitted health situation exists; or
(g) we reasonably believe it is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. In this circumstance we will make a note of such disclosure.
9. Adoption, use or disclosure of government related identifiers
We will not adopt a government related identifier as your identifier unless:
(a) we are required or authorised by law; or
(b) it is reasonably necessary to verify your identity for the purposes of our activities or functions; or
(c) it is reasonably necessary to fulfil our obligations to an agency or State or Territory authority; or
(d) it is required or authorised by or under an Australian law, or a court/tribunal order; or
(e) some (but not all) permitted general situations exist; or
(f) we reasonably believe it is reasonably necessary for enforcement related activities by, or on behalf of, an enforcement body; or
(g) where it is allowed under the regulations.
10. Quality of personal information
We will take such steps (if any) as are reasonable in the circumstances to ensure that your personal information we collect, use or disclose is accurate, up-to-date, complete and relevant.
11. Security of personal information
We will take such steps as are reasonable in the circumstances to protect your personal information:
(a) from misuse, interference and loss; and
(b) from unauthorised access, modification or disclosure.
When we no longer need your personal information for a permitted purpose and we are not required to keep it to comply with any laws, we will take such steps as are reasonable in the circumstances to destroy your personal information or to ensure that the information is de-identified.
12. Access to personal information
Upon your written request we will provide you with a copy of your personal information that we hold unless:
(a) we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
(b) giving access would have an unreasonable impact on the privacy of other individuals; or
(c) your request for access is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings; or
(e) giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
(f) giving access would be unlawful; or
(g) denying access is required or authorised by or under an Australian law or a court/tribunal order; or
(h) we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in and giving you access would be likely to prejudice the taking of appropriate action in relation to those matters; or
(i) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
(j) giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision-making process.
13. Correction of personal information
13.1 Correction of personal information
We will take reasonable steps to correct your personal information (at no charge) if we are satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. This extends to third parties that we have provided your personal information to unless it is impracticable or unlawful to do so.
13.2 Circumstances when we decline to make corrections
In certain circumstances we may decline to correct your personal information. When this occurs we will provide you with a written notice that sets out:
(a) the reasons for the refusal; and
(b) the mechanisms available to complain about the refusal.
14. Making a Complaint
If you have a concern or complaint relating to our handling of your personal information or any breaches of the APPs, please notify us at email@example.com by outlining the nature of the complaint. We will endeavour to respond to your complaint within 30 days of receipt. If unresolved, the complaint may be referred to an external complaints resolution entity and finally, if necessary, taken to the Office of the Australian Information Commissioner.
This policy was last updated July 2016.