Last updated: 9th August 2022
TERMS & CONDITIONS OF SERVICE
Breathe Education Pty Ltd ABN 30 154 699 019 (we, us and our), has developed and makes available the Accredited Training Courses and Non-Accredited Training Courses to students.
These Terms and Conditions of Service (Terms), as may be amended by us from time to time, apply to our supply of the Services and to each student’s enrolment in an Accredited Training Course or Non-Accredited Training Course wherever You, our Student lives. If you are a Student and you are a resident of:
- the European Union, supplementary terms at ANNEXURE B relating to the GDPR apply;
- the United States, supplementary terms at ANNEXURE C
Please read these additional terms carefully as they supplement these Terms and from part of our agreement with you.
As a pre-requisite to every student’s enrolment, they are required to first review and agree to these Terms. If you are under 18, these Terms must be agreed to by your parent or legal guardian before you commence your Course or receive any of the Services.
Unless otherwise defined, the following definitions apply in these Terms:
Account means a unique account created for You to access our Course and Service or parts of our Course or Service.
Accredited Training Course means an Australian Skills Quality Authority (ASQA) accredited education program.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Cancellation Fee is a percentage of your Course Fee and calculated according to the formula set out at clause 2.3.
Change Fee is the fee we charge for deferring or making specific changes to your Course and is defined at clause 4.1
Company means Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Breathe Education Pty Ltd ABN 30 154 699 019
Course means either the Accredited Training Course or Non-Accredited Training Course you are enrolled in with us, or as specified in your enrolment correspondence with us.
Course Fee means the fee payable for your enrolment in a
Course, as specified on the Website or otherwise
communicated to you.
Consequential Loss includes, but is not limited to, indirect losses such as loss of goodwill or reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity.
Course Material means any material provided to you by us in connection with your course, including any material made available on the e-learning platform.
Credit Provider means any third party service provider of financial credit to Students, used by the Company.
e-Learning Platform means the online learning platform made available to you by us in connection with your enrolment in a Course.
Fee means any fee payable by you to us (or to a Credit Provider, as the case may be), including the Course Fee and any other fees specified by us at the time of your enrolment or published on our Website, or which are otherwise incurred by you in accordance with these Terms.
Intellectual Property includes all rights in present and future copyright, designs, trademarks, confidential information, inventions, patents, know-how, trade secrets, business names and domain names.
Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.
Non-Accredited Training Course means a training program that is not ASQA accredited and related to education in evidence-based rehabilitation and exercise methods.
Original Content means any content provided as part of the Service, excluding content provided by You, by other users, or third-party content that we license or that is made publicly available.
Periodic Payments means payments made by you to us or to a Credit Provider (as the case may be) according to an agreed payment schedule.
Policies means any of our policies, procedures, handbooks or manuals which are published on the Website or otherwise made available to you, including via the e-Learning Platform, as may be introduced or updated by us from time to time,
Promotions refer to contests, sweepstakes or other promotions that may be offered through the Service or communicated to you by any other means including but not limited to social media and email.
Services means the services provided to you by us in connection with your enrolment in a Course, including access to the e-Learning Platform, Website, subdomains, the delivery of the Course Materials and Course.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions, including our Code of Conduct and applicable Privacy Policies and for US customers, the Supplementary Terms, which form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website means our website located at https://breathe.edu.au/, including any subdomains of that address.
You or your means the person who is enrolled in the Course and who we will provide the Services to, as named on the enrolment form and in our correspondence with you.
These Terms govern the use of our Services and Courses and Course Materials and constitute the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Services and Our Courses and Course Materials.
Your access to and use of the Service and Our Course and Course Materials is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and Our Course and Course Materials. By placing an Order for a Course through the Service or with Our sales team, You warrant that You are legally capable of entering into binding contracts. By accessing or using the Service and Courses and Course Materials, You agree to be bound by these Terms and with Our policies, which are published on Our Website and updated from time to time. If You disagree with any part of these Terms or with our Policies then You may not access the Service or use Our Course or Course Materials.
You may be asked to supply certain information relevant to Your enrolment including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any enrolment; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your enrolment.
- Term and Termination
3.1 Your enrolment in a Course begins when you submit your enrolment request and it is confirmed by us in the form of a confirmation email providing you with login credentials to the e-Learning Platform. The confirmation will be sent to your nominated email address provided in your enrolment request. If you are under the age of 18, you must also provide us with the email address of your parent or guardian in order for them to accept these Terms, and your enrolment in your Course will not commence until they have accepted these Terms.
3.2 Your enrolment will continue (subject to earlier termination in accordance with these Terms) until completion of the Course, unless you choose to cancel your course or your enrolment is terminated by us further to the terms of this agreement.
3.3 You may cancel your enrolment in your Course at any time by providing us with notice in writing to email@example.com. Without limiting your rights at law and unless otherwise set out in these Terms, if you cancel your enrolment in your Course, or if we terminate your enrolment in your Course in accordance with clause 3.5, one of the following cancellation fees will apply:
- a) if your written notice of cancellation is received by us, or we provide you with notice of termination, more than 30 days prior to your original Course intake date (as listed on the Website or notified to you at the time of enrolment) you will be required to pay 10% of the Course Fee; and
- b) if your written notice of cancellation is received by us, or we provide you with notice of termination, 1-29 days prior to your original Course intake date you will be required to pay 25% of the Course Fee;
3.4 On and from the date your Course commences, you may cancel your Course but you will be responsible for paying 100% of the Course Fee.
3.5 We may terminate or suspend your enrolment in your Course at any time by providing you with notice in writing if you breach any material Term of this agreement or a material term of any of our Policies and do not remedy the breach within 14 days, or immediately if the breach is not capable of being remedied.
3.6 If we terminate or suspend your enrolment in accordance with clause 3.5, we reserve the right to demand immediate payment for all Fees due under these Terms, the payment of which would otherwise not have been then due and payable, and may refer enforcement of such payment to our lawyers, or refer the debt to debt collectors or credit reporting agencies.
- Course Delivery, Refunds & 100% Satisfaction Guarantee
4.1 Deemed Delivery of Course Materials: All Course Materials are delivered to you when you are provided login credentials to the e-learning portal, which occurs immediately upon confirmation of your enrolment. Your Course Materials in their entirety are deemed delivered to you at the time you are first provided access to the Course Materials, by way of login credentials that permit you to access the e-learning portal when you so choose. The Course Materials are deemed delivered in their entirety upon the issuance of your e-learning login credentials, whether or not you use those credentials to access the e-learning portal and whether or not you choose to engage with the Course Materials in whole or in part, or when you choose to do so. Without limiting your rights at law, we do not offer any refund except for the refund provided at clause 3.7 (100% Satisfaction Refund) which is only available to Students who have successfully completed their entire course and STUDENTS ENROLLED IN COURSES THAT ARE ABANDONED OR INCOMPLETE FOR ANY REASON WHATSOEVER ARE NOT ENTITLED TO A REFUND OF ANY KIND. You Warrant that prior to your enrolment in one of our Courses that this important feature of our Course offering has been explained to you and you understand the financial implications of your decision to enrol in a course with us and limited opportunity to obtain a refund.
4.2 Virtual Course Delivery: The Course and the Services are delivered to you in a 100% virtual, online environment and in one or a combination of the following components:
a) interactive online sessions with practical assessments, which may be made available after the fact as recorded video assets;
b) course lectures – delivered live virtually or available as a recorded lecture; and
c) static online learning with written assessments.
4.3 Resource Requirements: As the Course is delivered wholly online, prior to completing this agreement you confirm that you have (and will continue to do so for the duration of your Course) a reliable internet connection and sufficient technological and other resources to access the Course Materials. You must also ensure you have adequate space and the necessary equipment to the conduct practical components of your Course, as set out in the Course handbook or otherwise communicated to you by us, to enable you to complete the Course.
4.4 We may vary the method of delivery of the Course or the Services (in whole or in part), by providing you with commercially reasonable notice in writing.
4.5 The Course and the Services are delivered in compliance with, and you agree to comply with, our Policies in force and updated from time to time and made available to you through publication on the Website.
4.6 We may reschedule sessions, lectures and tutorial times by providing you with a minimum of 24 hours’ advance notice, including in circumstances where the number of students registered to attend the relevant session, lecture or tutorial does not meet our minimum attendance requirements.
4.7 100% Satisfaction Guarantee Refund: We will use all reasonable endeavours to deliver your Course to a high standard, however, if you are not 100% satisfied with your experience on the Course, you are entitled to a full refund of your Course Fees in the following circumstances:
If your Course is a Certificate in Pilates, you may obtain a full refund provided that you meet the following requirements:
a) you must have successfully completed your Course, including all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements for your Course. Successful completion means that you have been identified as competent and eligible to graduate. Details of these components are published at https://breathe.edu.au/requirements-to-graduate/;
b) if you elect to receive a full refund under this clause 4.7, you will NOT be issued with any qualification that may have been obtained through completion of the Course;
c) you must submit your request for a refund under this clause 4.7 to us in writing to firstname.lastname@example.org within 5 business days of completing your Course. Subject to your rights at law, if you do not notify us within 5 business days of completing your Course, or if you otherwise notify us in writing that you are electing to graduate and receive your qualification, you will not be entitled to a refund under this clause 4.7; and
d) Students that have pre-existing Pilates or personal training qualifications are ineligible to claim a refund under this clause 4.7.
If your Course is a Diploma, you may obtain a full refund provided that you meet the following requirements:
- a) you must have successfully completed at least 1 module of your course, including all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements for that module.
- b) if you elect to receive a full refund under this clause 4.7, you will NOT be issued with any qualification that may have been obtained through completion of the Course; and
c) you must submit your request for a refund under this clause 4.7 to us in writing to email@example.com within 5 business days of completing your Course. Subject to your rights at law, if you do not notify us within 5 business days of completing your Course, or if you otherwise notify us in writing that you are electing to graduate and receive your qualification, you will not be entitled to a refund under this clause 4.7.
- Course Changes and Missed Tutorials
5.1 If you need to defer or change your Course you must:
a) notify us in writing by emailing firstname.lastname@example.org;
b) include in your notice details of the date you will be deferring your Course until (no indeterminate deferrals will be accepted) and only 1 deferral is allowed per enrolment.
c) pay the Fee of $500 to us (Change Fee). Your deferral or change request will not be actioned by us, and you will continue to be charged the Course Fees in accordance with any agreed payment plan, until we have received the Change Fee.
5.2 If you have not met the assessment requirements for your Course, or you have missed 2 or more weeks of tutorials, you must defer your Course and will be liable to pay us the Change Fee in consideration for us administering the variation to your Course.
5.3 Whilst you are able to defer or change your Course and change sessions, lectures and tutorial times (provided you adhere to our Assessment and Tutorial Requirements available at https://breathe.edu.au/assessment-policies/) you are required to complete your Course:
- a) If you are enrolled in your Course on or before 1 January 2023, within 12 months from the original Course intake date, as notified to you by us; and
- b) if you are enrolled in a Certificate of Pilates Course from 1 January 2023, Certificate – Jan 2023, you must complete your online coursework within 6 months and practice teaching within 12 months;
- c) if you are enrolled in a Diploma Course from 1 January 2023, Certificate – Jan 2023, you must complete all coursework within 24 months from your enrolment date.
- Academic and Financial Credit
6.1 If you transfer out of, or cancel your enrolment in one Course and enrol in another Course provided by us within 12 months of transferring from, or cancelling your enrolment in, the first Course, you may receive academic credit towards
that Course in accordance with clauses 6.2 and 6.3.
6.2 If you cancel your enrolment and terminate the provision of our Services and our delivery of the Course, if applicable to your Course you may receive a Statement of Attainment for any units of study that you have completed. Incomplete units are not eligible for academic credit.
6.3 If you have successfully completed a unit of study in an Accredited Training Course, you will receive academic credit for that unit of study for so long as we retain our ASQA accreditation for that particular Course. From time-to-time (approximately every 5 years) we re-accredit our Accredited Training Courses with ASQA. If you enrol in a later Course that commences after re-accreditation, you will not receive academic credit if the unit of study you completed in the earlier Course is not part of the re-accredited Course. If the unit of study completed in the earlier Course is part of the re-accredited Course, you will receive academic credit for that unit. In all instances we endeavour to recognise prior learning where sufficient evidence is provided, however we reserve the right to determine whether a particular training program qualifies for academic credit and whether a student’s prior learning is recognised.
7.1 We will provide you with enrolment in the Course and the Services for the Fees and on the payment terms agreed with us, and where relevant, a Credit Provider. Unless otherwise marked, all Fees are stated exclusive of GST and quoted in Australian dollars. We reserve the right to revise our Course Fees (and any other Fees) at any time prior to accepting your enrolment application.
7.2 You are required to supply your payment credentials to us when submitting your enrolment request and agree that we may use these credentials to deduct any Fees due in accordance with these Terms.
7.3 If you do not pay any Fees by the date they are due and payable, we reserve the right to:
- a) suspend your enrolment in the Course and the provision of the Services, including access to the e-Learning Platform;
- b) charge interest on the overdue amount at a rate of up to 1% per month in excess of the Reserve Bank of Australia cash rate, calculated from the due date for payment of the relevant Fees to the actual date of payment; and
- c) recover from you our debt recovery fees, including but not limited to, solicitors fees (on a full indemnity basis), court costs and collection agency fees.
7.4 For Non-Accredited Training Courses we may charge the Course Fee either up front at the time or enrolment or according to an agreed payment schedule (a Periodic Payment).
7.5 For Accredited Training Courses we will either charge you Periodic Payments of the Course Fee, which are deducted by us (using the payment credentials you have supplied to us upon enrolment) in accordance with our compliance obligations as an ASQA accredited Registered Training Organisation, or we will refer you to our Credit Provider, who you can apply to for the provision of credit services. Any credit arrangement you obtain with our Credit Provider is obtained by separate agreement between you and the Credit Provider.
7.6 It is your responsibility to ensure that your payment credentials are kept up to date, and that sufficient funds are available for us to deduct any Fees due in accordance with these Terms. If payment of any Fees fails for any reason, you may be liable for additional costs incurred by us such as failed payment administration charges.
7.7 By agreeing to these Terms, you acknowledge and agree that Periodic Payment arrangements for Course Fees may be provided by a third party Company, the Credit Provider. Should you wish to make payment of your Course Fee by Periodic Payments, you do so on the basis of entering into a separate agreement with the Credit Provider. The Company will Send you a link to the Credit Provider’s application for a credit facility (Credit Application). Once the Credit Application has been successfully completed, and the credit facility granted to the Student, the Company will confirm the Student’s enrolment in writing. Your enrolment is dependent on acceptance of and compliance with the Credit Provider’s terms and conditions of service, which are available from the Credit Provider’s website and are available upon request. You must comply with the terms and conditions and are wholly responsible for doing so. In the event that you default on your payment arrangement with the Credit Provider, the Company is entitled to terminate your enrolment.
7.8 Subject to our 100% satisfaction guarantee provided under clause 4.7, our cancellation policy and without limiting your rights at law, WE DO NOT OFFER REFUNDS forPAST PAYMENTS THAT YOU HAVE MADE and FUTURE PAYMENTS YOU REMAIN LIABLE TO PAY together with ANY OTHER FEES DUE IN ACCORDANCE WITH THESE TERMS. YOU REMAIN LIABLE TO PAY TO US THE FULL COURSE FEE UNLESS AND UNTIL YOU HAVE CANCELLED YOUR COURSE FURTHER TO THESE TERMS AND PAID THE RELEVANT CANCELLATION FEE WHICH IS CALCULATED DEPENDING ON THE TIME, RELATIVE TO YOUR COURSE COMMENCING, THAT YOU NOTIFY US OF YOUR INTENT TO CANCEL.
7.9 If you chose to cancel your course, we are entitled to continue to charge you the Fee for your Course and to deduct Periodic Payments from the payment credentials you have provided to us until you have paid any applicable Change Fee and/or Cancellation Fee. In the event that the payment credentials you have supplied to us do not work or have been cancelled we are entitled to refer the unpaid Periodic Payment and fees we incur in relation to charging you the Periodic Payment as a debt, and to refer this debt to collectors or credit reporting agencies, the costs of which you shall be responsible for.
7.10 We reserve the right to refuse or cancel Your enrolment in a Course at any time for certain reasons including but not limited to:
- Course availability
- Errors in the description or prices for Courses
- Errors in Your enrolment
We reserve the right to refuse or cancel Your enrolment if fraud or an unauthorized or illegal transaction is suspected.
- Warranties, Guarantees & Liability
8.1 Except as expressly provided in these Terms, all conditions, guarantees and warranties, whether express or implied, in respect of the Services or the Course are excluded to the fullest extent permitted by law. Our liability in respect of any Loss arising in connection with a failure in our provision of the Services or a breach of these Terms excludes Consequential Loss and is limited, at our option, to either a re-supply of the Services, a refund for the Services, or reimbursement for the cost of a third party re-supplying the Services.
8.2 Without limiting any other provision of these Terms and excluding Loss which arises as a direct result of our negligence, we, our related entities, officers, employees, contractors and consultants are not liable for any Loss or injury you may suffer as a result of your participation in the Course or receipt of the Services.
8.3 “AS IS” and “AS AVAILABLE” Disclaimer: The Service are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e- mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
8.4 You agree to indemnify us and to keep us indemnified for any against any Loss we may suffer or incur in connection with your breach of these Terms, or which otherwise may arise in connection with your receipt of the Services.
8.5: Limitation of Liability: Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or AUD1 if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
- Intellectual Property
9.1 Any Course Material made available to you is our Intellectual Property or that of our licensors and is for your personal use only. You are not permitted to distribute, copy, publish or otherwise make the Course Material available to any other person or to use it for any other purpose than for the completion of your Course.
9.2 We may create or enable you to create (and subsequently publish) content including but not limited to videos, images and other audio-visual resources that uses or bears your image, name or other likeness (User Content). You hereby grant Breathe Education Pty Ltd permission to use User Content and you grant Breathe Education a perpetual, irrevocable, worldwide licence comprising the right to sublicense, to modify, publish, display, communicate and create derivative works of your User Content and the right to incorporate the User Content into the Course Materials or to use it in any online or offline marketing to promote Breathe Education Pty Ltd. Your permission and the license granted is irrevocable. You cannot revoke your permission once provided, although you are welcome to request that your User Content no longer be used for any further purposes, which will be accommodated as far as practical. You agree that the licence to use your User Content is royalty free, meaning Breathe Education does not owe you money in exchange for the license you have granted us. You warrant to Breathe Education that you either own, or have the necessary rights to any User Content you create and give permission for Breathe Education to use under this clause, that you are otherwise authorised to provide such User Content to us in accordance with these Terms; that the User Content you have generated will not contain any material that is illegal, offensive, indecent or objectionable and that the use of your User Content will not infringe the intellectual property rights, or privacy rights, of any other person.
You indemnify Breathe Education against all losses arising in relation to Breathe Education’s use of the User Content and the aforementioned warranty. You waive any and all moral and copyrights in relation to the User Content.
By doing so you shall not acquire an interest to any Intellectual Property owned by us or our licensors, and any modifications or improvements to such material will remain our sole and exclusive property, or that of our licensors.
9.3 You acknowledge and agree that:
a) we are not liable for any User Content, generated by you, or by any other student or third party; and
b) we may suspend access to, remove or edit User Content via the e-Learning Platform or otherwise that we consider, at our sole discretion, is illegal, offensive, indecent or objectionable.
9.4 You acknowledge and agree that we are not responsible for, and will not be liable for, any interactions between students online, either on the e-Learning Platform or otherwise, and make no representation or warranty as to the accurateness or completeness of any information provided to you by any other student.
9.5 You must keep secret and secure any login credentials to the e-Learning Platform or any other secure online service made available to you by us. If you have reason to suspect that any other person is using your login credentials, you must notify us immediately in writing.
10.1 These Terms are the entire agreement between the parties in relation to their subject matter and supersede any previous agreements in relation to that subject matter. We may vary these Terms by publishing updated Terms on our website. If a revision is material We will make reasonable efforts to provide reasonable notice prior to any terms and conditions that might affect your rights taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
10.2 A failure by us to exercise or delay in exercising any right, power or remedy under these Terms will not operate as a waiver under we make such waiver in writing.
10.3 If any part of these Terms is prohibited or unenforceable in any jurisdiction, the remainder of these Terms are not invalidated and remain in full force and effect.
10.4 These Terms are governed by the law of Victoria, Australia and each party submits to the jurisdiction of its courts.
10.5 Students undertake to provide all relevant personal health and fitness information prior to commencing and during their Course. Students also agree that they will NOT commence practical components of their training before completing the Pre-Exercise Questionnaire, made available to each Student on the e-learning Platform. Students may require medical guidance before exercising. Students acknowledge and agree that pre-exercise or other screening is no substitute for medical advice and does not guarantee against physical injury.
10.6 User Accounts: When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
10.8: Links to Other Websites: Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
10.9 Disputes Resolution: If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Breathe Education Pty Ltd (ABN 30 154 699 019) Code of Conduct
The Company provides Accredited Training and Non-Accredited Training in evidence-based rehabilitation and exercise methods (Services). Accredited Training programs are ASQA accredited courses delivered by way of the Company’s static e-learning platform and interactive online components. Non-Accredited training programs may be delivered via interactive online components, online by way of the Company’s e-learning platform or a combination of both. Supply of and access to the Services is subject to this Code of Conduct, which applies to both our on and offline learning, and sets out standards of behaviour we expect from students and maintain in our learning environments. We publish our Code of Conduct on our website at www.breathe.edu.au. We may update this Code from time to time.
By enrolling in one our training programs you agree to be bound by our Code of Conduct. The overarching goal is to be inclusive to the largest number of participants, with the most varied and diverse backgrounds possible. As such, we are committed to providing a friendly, safe and welcoming education environment for all, regardless of gender, sexual orientation, ability, ethnicity, socioeconomic status, and religion (or lack thereof).
This Code of Conduct outlines our expectations for students and all those who participate in our education community, as well as the consequences for unacceptable behaviour.
- Expected Behaviour
The following behaviours are expected and requested of all our education community members:
• Participate in an authentic and active way. In doing so, you contribute to the health and longevity of this community.
• Exercise consideration and respect in your speech and actions.
• Attempt collaboration before conflict.
• Refrain from demeaning, discriminatory, or harassing behaviour and speech.
• Be mindful of your surroundings and of your fellow participants. Alert community leaders if you notice a dangerous situation, someone in distress, or violations of this Code of Conduct, even if they seem inconsequential.
• Remember that community event venues you may be provided access to may be shared with members of the public; please be respectful to all patrons of these locations.
- Unacceptable Behaviour
The following behaviours are considered harassment and are unacceptable within our education community:
• Violence, threats of violence or violent language directed against another person.
• Sexist, racist, homophobic, transphobic, ableist or otherwise discriminatory jokes and language.
• Posting or displaying sexually explicit or violent material.
• Posting or threatening to post other people’s personally identifying information (“doxing”).
• Personal insults, particularly those related to gender, sexual orientation, race, religion, or disability.
• Inappropriate photography or recording.
• Unwelcome sexual attention. This includes, sexualized comments or jokes; inappropriate touching, groping, and unwelcomed sexual advances.
• Deliberate intimidation, stalking or following (online or in person).
• Advocating for, or encouraging, any of the above behaviour.
• Sustained disruption of community events, including talks and presentations.
- Consequences of Unacceptable Behaviour
Unacceptable behaviour from any education community member will not be tolerated. Anyone asked to stop unacceptable behaviour is expected to comply immediately. If a community member engages in unacceptable behaviour, we may take any action deemed appropriate, up to and including a temporary ban or permanent expulsion from the community and cease in the provision of any or all of our Services without warning and without refund, in accordance with our terms and conditions of service.
- Reporting unacceptable behaviour
If you are subject to or witness unacceptable behaviour, or have any other concerns, please notify us as soon as possible at email@example.com
- License and attribution
This Code of Conduct is based on the Citizen Code of Conduct and is distributed under a Creative Commons Attribution-ShareAlike license.
Application – who and what our policy applies to
- Information We Collect
We collect Personal Information necessary and incidental to providing the Services and to our day-to-day operations. This information allows us to identify who an individual is for the purpose of our business, to share Personal Information, contact an individual in the course of our business and transact with that individual.
- How is information collected
Most information will be collected in association with a student’s online enrolment and use of our website and e-learning system. However, we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:
a. Enrolment: When a user enrols or engages in another process whereby they enter Personal Information details in order to receive or access something, including our services;
b. Sharing with other students: When a student provides Personal Information to other users of our website, e-learning platform or otherwise engages with other past or current consumers of our services;
c. Supply: When an individual supplies us with goods or services;
d. Contact: When an individual contacts us in any way;
e. Access: When an individual accesses us physically we may require them to provide us with details for us to permit them such access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or
f. Pixel Tags: Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.
g. During the course of teaching and learning: because we encourage students to share their learning experience with one-another and we may record these experiences in writing, or in audio or visual form.
Because there are many contexts in which we may collect Personal Information, we cannot list them all, but will endeavour to communicate that this is what we are doing and that our students and prospective students are aware when their Personal Information is being collected. If we obtain someone’s Personal Information by accident, we will either delete or destroy it or inform the person who’s information it is.
- When Personal Information is used or disclosed
- We endeavour not to use any Personal Information other than for the purpose for which it was collected other than with an individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted. We will only process Personal Information when we can identify a lawful basis to do so. It is always our responsibility to ensure that we can demonstrate which lawful basis applies to the particular processing purpose.
b. The most common lawful bases relied upon are with an individual’s consent and when we have legitimate interests. We will only rely upon express, clear and informed consent. We will keep a record of when and how we got consent from an individual, which you may revoke at any time upon written request, except in relation to the image/likeness waiver students complete as part of their enrolment which is a precondition to your enrolment. We will only rely upon an identifiable legitimate interest where we can demonstrate that the processing of Personal Information is necessary to achieve it by balancing it against the individual’s interests, rights and freedoms. We will keep a record of our legitimate interests assessments.
d. If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.
e. We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances, unless the prior consent of the individual is obtained.
f. Information is used to enable us to operate our business, especially as it relates to an individual. This may include: provision of goods and services between an individual and us, verifying an individual’s identity, communicating with an individual about our services, their relationship with us or offers, marketing and promotions from either us or our partners, investigating any complaints made by or about an individual or alleged or actual breaches of our Terms and Conditions of Service, or as required or permitted under any law.
g. There are some circumstances in which we must disclose an individual’s information: these are where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; as required by any law (including the Privacy Act); and/or in order to sell our business (in that we may need to transfer Personal Information to a new owner).
i. We may utilise third-pay service providers to communicate with an individual and to store contact details about an individual. These service providers may or may not be located in Australia.
- Opting in and out
An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us (Opt In); or the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us (Opt Out).
b. We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks. We use SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet, over the phone or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
c. We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws) unless otherwise required by the Privacy Act. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
d. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
e. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
f. Where there is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:
i. We will immediately establish the likelihood and severity of the resulting risk to wider rights and freedoms of natural persons;
ii. If we determine there is a risk from the security breach, then we will immediately notify the relevant supervisory authority and provide all relevant information on the particular breach, and by no later than 72 hours after having first become aware of the breach;
iii. If we determine there is a high risk from the security breach (a higher threshold than set for notifying supervisory authorities), we will immediately notify the affected individuals and provide all relevant information on the particular breach without undue delay.
g. We will document the facts relating to any security breach, its effects and the remedial action taken, and investigate the cause of the breach and how to prevent similar situations in the future.
- Accessing and amending information
a. Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information as soon as practicable, and by no later than 28 days of receiving the written request. The individual is free to retain and reuse their Personal Information for their own purposes. We may be required to transmit the Personal Information directly to another organisation if this is technically feasible.
b. If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within 28 days of receiving written notice from them about those errors, or two months where the request for rectification is complex.
c. It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
d. Where a request to access Personal Information is manifestly unfounded, excessive and/or repetitive, we may refuse to respond or charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them. Where we refuse to respond to a request, we will explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within 28 days.
e. We may be required to delete or remove all Personal Information we have on an individual upon request in the following circumstances:
i. Where the Personal Information is no longer necessary in relation to the purpose for which it was originally collected and/or processed;
ii. When the individual withdraws consent;
iii. When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing;
iv. The processing of the Personal Information was otherwise in breach of the GDPR;
v. The Personal Information has to be erased in order to comply with a legal obligation; and/or
vi. The Personal Information is in relation to a child.
f. We may refuse to delete or remove all Personal Information we have on an individual where the Personal Information was processed for the following reasons:
i. To exercise the right of freedom of expression and information;
ii. To comply with a legal obligation for the performance of a public interest task or exercise of official authority.
iii. For public health purposes in the public interest;
iv. Archiving purposes in the public interest, scientific research historical research or statistical purposes; or
v. The exercise or defence of legal claims.
- Complaints and Disputes
If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to The Data Protection Officer, Breathe Education Pty Ltd at firstname.lastname@example.org or at the Company’s registered postal address, details of which are found on our website.
If we have a dispute that relates in any way to an individual’s Personal Information, we must first attempt to resolve the dispute directly amongst us.. Any proceedings should be commenced in Victoria, Australia.
If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
- Contacting individuals
From time to time, we may send an individual important notices, such as changes to our terms and conditions of service and our policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
Last updated 2 August 2022
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Business for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
Company (referred to as either the Company, We, Us or Our in this Policy) refers to Breathe Education USA L.L.C., 2810 N Church St, Wilmington, DE 19802. For the purpose of the GDPR, the Company is the Data Controller.
Consumer for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Melbourne, Australia.
Data Controller for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
e-Learning Platform means the online learning platform made available to You by Us in connection with Your enrolment in a Course.
Personal Data is any information that relates to an identified or identifiable individual.
- For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
- For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
Service refers to the Website or online e-learning Platform interchangeably.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Third-Party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Breathe Education, accessible from https://breathe-education.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Bank account information in order to pay for products and/or services withinthe Service
- Credit card information in order to pay for products and/or services within the Service
- Usage Data
When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:
- Date of birth
- Passport or National ID card
- Bank card statement
- Other information linking You to an address
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services
Google specializes in Internet-related services and products, which include online advertising technologies, a search engine, cloud computing, software, and hardware.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page https://policies.google.com/privacy?hl=en&fg=1
Facebook is a social networking site that makes it easy for you to connect and share with family and friends online.
For more information on the privacy practices of Facebook, please visit the Facebook Privacy & Terms web page https://www.facebook.com/privacy/explanation
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third- party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Keap is a private company that offers an e-mail marketing and sales platform for small businesses, including products to manage customers, customer relationship management, marketing, and e-commerce.
For more information on the privacy practices of Keap, please visit Keap’s Privacy & Terms web page: https://keap.com/legal/privacy-policy
OneFitStop empowers premier fitness facilities to build efficient and powerful business operations through superior technology and remarkable experiences.
For more information on the privacy practices of OneFitStop, please visit the OneFitStop Privacy & Terms web page: https://www.onefitstop.com/privacy- policy/
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Keap is a private company that offers an e-mail marketing and sales platform for small businesses, including products to manage customers, customer
relationship management, marketing, and e-commerce.
For more information on the privacy practices of Keap, please visit the Keap’s
Privacy & Terms web page: https://keap.com/legal/privacy-policy
OneFitStop empowers premier fitness facilities to build efficient and powerful business operations through superior technology and remarkable experiences.
For more information on the privacy practices of OneFitStop, please visit the OneFitStop Privacy & Terms web page: https://www.onefitstop.com/privacy- policy/
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
Apple Store In-App Payments
Google Play In-App Payments
When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
- Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.Collected: Yes.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.Collected: Yes.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement. Collected: Yes.
Category G: Geolocation data.
Examples: Approximate physical location. Collected: No.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information. Collected: No.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations. Collected: No.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, personal information does not include:
- Publicly available information from government records • Deidentified or aggregated consumer information
- Information excluded from the CCPA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service.
- Indirectly from You. For example, from observing Your activity on our Service.
- Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
- From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
- To operate our Service and provide You with our Service.
- To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
- To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
- For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section, above.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above categories with the following categories of third parties:
- Service Providers
- Payment processors
- Our affiliates
- Our business partners
- Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt- in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
- The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
- The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
- The categories of personal information We collected about You
- The categories of sources for the personal information We collected about You
- Our business or commercial purpose for collecting or selling that personal information
- The categories of third parties with whom We share that personal information
- The specific pieces of personal information We collected about YouIf we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
- The categories of personal information categories sold
- The categories of personal information categories disclosed
- The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
- The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
- Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:
By email: email@example.com
By visiting this page on our website: https://breathe-education.com/terms-of-service/#privacypolicy
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
- Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
- Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it
We cannot respond to Your request or provide You with the required information if We cannot:
- Verify Your identity or authority to make the request
- And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us at firstname.lastname@example.org.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
- The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA’s opt-out platform http://www.youronlinechoices.com/
- The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
- “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
ANNEXURE C – SUPPLEMENTARY TERMS FOR STUDENT OF THE UNITED STATES
BREATHE EDUCATION PTY LTD SUPPLEMENTARY TERMS & CONDITIONS OF SERVICE
Last updated 2 August 2022
Breathe Education Pty Ltd has developed and makes available Pilates instructor training Courses to Students. These Supplementary Terms, as may be amended by Us from time to time, apply to our supply of Our Products and Services to student’s enrolled in a training Course and who are located in and citizens of the United States of America.
Unless specified to the contrary, the Terms of Service (Terms) take precedence over these Supplementary Terms. Defined terms in the Terms are adopted and apply to the Supplementary Terms, together with the following terms: .
Minors: We do not offer our Services to Minors (an individual who has obtained the age of majority in their domicile state) and by accessing and using our Services you affirm you are not a Minor.
For European Union (EU) Users: If You are a European Union consumer, You are required to complete your transaction with Breathe Education Pty Ltd and your terms of service are available here. You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Federal Government End Use Provisions: If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Electronic Communications: When you visit the Website or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.