Our commitment to your privacy
- if they are subject to the Privacy Act as a result of a “link” to the United States (as defined in the Privacy Act 1974);
- where we provide Personal Information to them to assist us in our business; or
- the Privacy Act 1974 otherwise binds them.
1.4 Our business activities and functions include:
- a. Providing motivation for personal improvement;
- b. Selling audio and video products that contain our content; and
- c. any business activities related to any of these activities.
1.7 “Personal Information” is defined to mean information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
1.8 “Sensitive Information” is defined to mean information or an opinion about an individual’s:
- racial or ethnic origin;
- political opinions;
- membership of a political association;
- religious beliefs or affiliations;
- philosophical beliefs;
- membership of a professional or trade association;
- membership of a trade union;
- sexual preferences or practices;
- criminal record;
- health information;
- genetic information about an individual that is not otherwise health information.
What personal information do we collect and hold?
2.1 We may collect and hold the following types of Personal Information:
- name, date of birth and relationship to other individuals (e.g. records of next of kin or contact person for employees);
- address, phone number, email address, and other addresses/contact details/identifiers used in electronic communications;
- voicemails that are left on our telephony system;
- information submitted through our website
- credit card or details of other payment methods used on our website or to purchase our products and services;
- information supplied to us via surveys, competition entry forms, and data collection supplied via websites,;
- photographic images of staff, clients and of individuals supplied to us for use in connection with our business activities;
- information about enquiries made to us, our suppliers or business associates;
- information provided when you raise a support enquiry or when we are working with you to resolve a technical or administrative query;
- the content of letters and emails you send to us
2.2 It is not common for us to collect or hold Sensitive Information. The only exceptions to this rule are:
- where you voluntarily provide Sensitive Information to us;
- where the Sensitive Information is directly linked to the individual’s employment records and our collection, holding and use is permitted by the Privacy Act for the purpose managing the individual’s employment record;
- where Sensitive Information is provided to us in connection with the individual seeking employment, contract work, work experience or similar, whether solicited or unsolicited.
How do we collect and hold personal information?
3.1 We collect Personal Information in a number of ways, including:
- through our website;
- through communications with you, including letters, emails, telephone calls, facsimiles, surveys, competitions and via social media applications;
- through communications with others;
- in the course of providing our products and services to you, including providing support through our support service;
- in the course of our business functions and activities;
- through communication which we conduct such as email, microsites, surveys, competitions and customer feedback.
3.2 We hold Personal Information:
- in our hard copy files;
- in other systems that we use in connection with our business, some of which may be owned and operated by our suppliers;
- in the database associated with our website.
3.3 Providing it is lawful and practical, we will give you the option of not identifying yourself, using a pseudonym, or not providing Personal Information when you enter into a transaction or deal with us.
3.4 If you elect not to provide us with Personal Information then we may not be able to provide you with the information, products, services or support that you may want.
3.5 We may receive other unsolicited Personal Information in the course of our business. We will deal with this unsolicited Personal Information in accordance with the Privacy Act 1974.
The purposes for which we use personal information
4.1 We collect, hold, use and disclose Personal Information for the following purposes:
- pursuing our business activities and functions;
- allowing the technical support personnel to provide assistance to you if needed;
- facilitating transactions between you (or other people who you are acting for) and us or between you (or other people who you are acting for) and other people and organizations who are accessible via our website or any other electronic means;
- facilitating payment for the purchase of products or services through our website or otherwise. In this case you will be directed to (or we may use to facilitate the transaction) a third party website (a secure internet payment gateway) approved by the relevant financial institution to enter your credit/debit/charge card or other payment mechanism details. This third party may in turn integrate the payment software with a third party payment application provider who assists in managing the payment transaction;
- performing any of the features on our website, e.g. contact us or any other data collection form, conducting surveys, competition forms, mail outs, using social media;
- statistical analysis of the usage of our website or applications or tools that are accessed via the website;
- improving the quality or user experience of our website and our products and services;
- direct marketing;
- developing or adding additional products and services from us or existing or new people and organizations that are accessible via our website;
- training and quality assurance purposes;
- administrative purposes;
- allowing the technical support personnel to manage our infrastructure, systems, databases other applications or tools;
- complying with the law, including privacy legislation.
4.3 If you have given us your consent to provide you with direct marketing communications we may collect, hold, use and disclose Personal Information in accordance with that consent to enable us to provide you (or other people who you are acting for) information about, and offer you (or other people who you are acting for), products and services.
4.4 If you give us consent to provide you with direct marketing communications we will provide a simple means where you can request not to receive direct marketing communications. You may also request that we do not provide your Personal Information to any of our suppliers or business associates in order for them to provide you with direct marketing communications. If we use a third party source to obtain Personal Information about you for the purpose of direct marketing to you, you may request that we disclose the source of that information. We will respond to any request made under this clause within a reasonable period and at no cost to you.
4.6 If we sell some or all of our business or its assets then we will transfer any Personal Information to the acquirer as part of that transaction.
Disclosure of the personal information overseas
5.1 We may send Personal Information overseas in the following circumstances:
- where one of our trading entities, or related and affiliated contractors assists us with our business activities and functions;
- where we have a supplier assisting us with providing assistance with our business activities and functions. We have no control over where these suppliers hold or process their data and it is impractical for us to be able to advise you of the countries where the Personal Information may be held or processed.
- where our website, or any hosting service we use to support our managed services, software or software as a service, is hosted by us or a third party, and the hosting facilities and/or the back-up/disaster recovery sites are located overseas. We have no control over where these third party providers host the website and it is impractical for us to be able to advise you of the countries where the Personal Information may be held or processed.
- where a third party application is being used in connection with our interactions with you, e.g. when we use email or Zoom the third party providers of the relevant application have their applications hosted overseas. We have no control over where these third party providers host their applications and it is impractical for us to be able to advise you of the countries where the Personal Information may be held or processed.
5.2 The countries to which we know the Personal Information may be sent include:
- countries where our website and supporting databases are hosted.
- administrative support/assistance is allocated
Use of social media
6.1 Our website uses social media including blogs, Instagram feeds, and links to other social media, including Facebook, LinkedIn, Twitter, YouTube and similar sites. The nature of social media is that these applications actively enable exchange and disclosure of any information, whether personal or otherwise, that is included within those applications. All information, including Personal Information that you enter in those applications may be used, stored, handled and disclosed in any way that is consistent with the privacy policies of the relevant applications, if any. All information that is posted in a blog, Instagram feed or other social media in connection with the website should be considered as public information that may be used, copied and adapted by any person for any means and should not be posted unless you are prepared to specifically state what restrictions on use there may be with that information or are prepared to accept that it may be used, copied, adapted, stored, handled and disclosed to any other person in any way
Cookies, Metadata and Site Data Activity
7.1 A cookie is a small piece of computer code which remains on your computer and contains information which helps us identify your browser.
7.2 When you visit our website and applications and tools on it, a cookie may record the authentication to allow your user id to login. We use the information gathered by cookies to identify your web browser so that when you log in on the next occasion your use of the website and other applications and tools on it is easier and faster because the website has remembered your details.
7.3 We also use Google Analytics (from Google Inc) to analyze the use of our website, and Google Analytics places cookies on your computer in order to perform its functions.
7.5 Sometimes information that you upload is provided with associated metadata. If you do not want us to use the metadata you must remove it before uploading it onto the website and other applications and tools.
Links to other websites and applications
8.1 Our website includes links to other websites, applications and tools that are not owned or operated by us. We not responsible for the content of those websites, applications or tools, nor for any products, services or information contained in them or offered through them. You should review the privacy policies and terms and conditions of use of those websites, applications and tools when you visit them. We do not endorse, sponsor, condone or represent the companies or content that is contained in any linked website, and reserve the right to terminate any link or linking program at any time.
How to access and seek correction of your personal information or complain
9.1 If you want to find out what Personal Information we hold on you or you believe any of your Personal Information that is held by us is inaccurate, out of date, incomplete, irrelevant or misleading or it is not necessary for us to continue to hold it, you can contact us, and we will either provide you with access to the Personal Information (in so far as we are required to do so by law,) or we will correct it, as applicable, within a reasonable period. We may make a reasonable charge for giving you access to your Personal Information, but we will not charge for you making the request, correcting Personal Information or making a statement as to why we are not correcting your Personal Information. You can contact us by:
- email using the contact us the details provided on our website.
- using the contact us the details provided on our website.
9.3 Any complaint of breach of privacy may be made to: the Owner, Heather Day. We will use our best efforts to respond to any complaint within 10 business days of the date of receipt. We will attempt to resolve your complaint to your satisfaction.
“Content” means any and all material, links, words, images including but not limited to any goods and services on the website.
“Member” means a member to the Services on this website.
“Services” means access to online courses on general business, management, social media, internet and other information delivered via our website and may include consulting services from time to time.
“the website” means www.embodiedsacredunion.com
“We”, “our” and “us” means Heather Day Co, Ltd. and includes all officers, directors, employees, contractors and affiliates.
“You” means a Member or any user of our Services and by doing so, agree to these Terms.
2. Accessing digital products, services and online memberships
In order to gain access to services, products or memberships provided by this site, you need to first fill in your registration. Depending on your choice of product/service/membership plan, you must pay the nominated fee in advance or alternatively provide payment details for the installment plan in order to sign up to our website to receive our courses, newsletters, information and any associated services.
By providing your credit card details, you authorize us and agree to the installment membership fee being automatically deducted from your credit card or other nominated payment method when payment is due unless you or we cancel the membership in accordance with the below Cancellation terms.
3. Agreement for Membership services
When join to our website Services, you acknowledge and agree to the following:
- You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
- You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
- You will not transfer, sublicense or grant access to any of our Services to any other person, business or other third party except as agreed in these Terms.
In providing our Services, we are providing you with facts, information, insights and ideas only, in order to assist you in your personal and business development. You need to decide what may work best for your own personal or business needs and should make your own assessment after careful consideration of your situation.
We do not have your personal information, finances, your individual facts or situation in mind when we provide these Services. Our Services are not intended as, nor should they be construed as financial advice and we recommend that you contact a professional advisor if you would like information or advice that takes into account your personal and particular goals and financial situation.
We also do not guarantee that any information in our online courses and services will increase revenue, profits, customer base, online presence or rankings, improve or make any guarantee about your business. We do, however, provide our experience, insights, perspectives and recommendations in order to assist you to consider options for your business which may have an overall positive impact and help you with your business needs. Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.
5. Movement Disclaimer
The movements of embodiment are a gentle movement practice. In participating in this moving meditation and associated movement practices you agree to do so at your own risk.
If at any time during the practice, you feel discomfort or strain, you are recommended to gently come out of the movement and rest. It is important that you listen to your body, and respect its limits on any given day.
Through your participation, you agree that this movement practice is not a substitute for medical attention, examination, diagnosis, or treatment.
You recognize it is your responsibility to notify our team via email of any serious illness or injury including pregnancy before attempting these movement practices.
By participating in these movement practices, you accept that neither the instructor, nor the hosting facility, is liable for any injury, or damages, to person or property, resulting from the taking of the practice.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
7. Links to other websites and spam
Publication of email addresses on the Website does not imply consent to the receipt of unsolicited commercial electronic messages or SPAM.
8. Cancellation, Refund and Termination
To date, we have had only 100% happy customers and our team will work hard to make sure you get everything you personally need. If you have any concerns or special needs our customer service team is available to work together with you.
Unless otherwise specified Embodied Sacred Union operates in the currency USD.
If any payments are more than 7 days overdue we reserve the right to pause access to all benefits of the program. If any payment becomes more than 14 days overdue we reserve the right to cancel your enrollment to the program.
All payments are non-refundable.
The only exception to this statement is the refund window for the Embodied Sacred Union Signature Coaching Program – If, within the first 4 weeks of course commencement, you believe the program is not suitable for you, you can submit evidence of course participation for a full refund, less $500 processing fee. Evidence includes: participation in at least 5 hours of movement practice, participation in at least 2 private sessions and completion of 50% of module one coursework.
In the case of refunds (which only occur on a case by case basis) we reserve the right to retain 10% of the original amount paid to cover the expenses of banking and administration fees associated with the transaction.
Payment plans are not a subscription you can cancel anytime or a “pay as you want” agreement. Rather than being offered as a way to spread the agreed upon investment over a more generous period of time. An additional support to our customers.
In the case of payment plans, the Customer agrees to pay all the installment amounts at the agreed payment frequency and dates.
We reserve the right to terminate any membership or program access at any time.
We may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your membership.
9. Modification of Website and Content
We reserve the right to, at any time, remove, delete, alter or amend any Content, Services or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service.
Our liability is governed solely by the United States Privacy Act of 1974 and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Services: To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11. Intellectual Property
All custom graphics, images, icons, logos and service names are registered trademarks, copyright, trade or service marks of Heather Day Co, Ltd.
All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of all of your Content. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.
You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.
You have been provided with a license to use the information and Services only for the purposes notified to you and included in these Terms. Any other use, including but not limited to, commercial use, provision to a third party in whole or in part, or reproduction in any manner, breaches the license provided to you under these Terms and our copyright.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
12. Governing Law