This website and all content, trade marks and its related services, products, websites, tools and applications (Website) is owned and operated by Awake Academy Pty Ltd ACN 642 295 289 (our, us, we). By accessing and using our Website you agree to comply with the following terms of use (Terms of Use). We may update our Terms of Use from time to time without notice to you. Each time you use our Website you should revisit these Terms of Use and your continued use of the Website constitutes your acceptance of them.
We provide our Website to facilitate the supply of courses, to help us connect with you and to provide general information and relevant content that you may be interested in. You must not use the Website for any purpose other than its intended purpose, and you must not harm our Website in any way. When using the Website you must not act fraudulently, or provide us with false, inaccurate, infringing or misleading information. Parts of our Website may allow you to comment or submit your content, and in doing so you must not post anything that is inflammatory, racist, abusive, harassing, obscene, sexually explicit or that violates any Australian law or the rights of any person.
Where you use our Website to place an order for a course our Course Terms and Conditions will apply to you.
Content on our Website is provided solely for your reference purposes. We include information for your convenience as a general summary of matters current at the time of posting that may interest you. The contents do not constitute medical and/or financial and/or legal professional advice and are not intended to be a substitute for medical and/or professional advice and should not be relied upon as such. We make no warranties that the information published by us is correct. You should seek professional advice in relation to any matters that you have.
The information you provide us and your use of the Website must not:
Your use of this Website is by personal, non-exclusive licence granted by us strictly in accordance with these Terms of Use. This Website is only available to, and may only be used by, persons who can form legally binding contracts under applicable laws. If you do not qualify, you must not use the Website.
We remain the owner of the Website and all intellectual property rights associated with the Website (including its content, videos, logos, images and source code). We ask that you do not copy, reproduce or modify any of our Website for any purpose except where we give you our prior written consent or sharing is otherwise permitted (as noted below).
When you provide us with information you agree to allow us to distribute or use that information as we consider necessary and in accordance with our Privacy Policy accessible on the Website.
We are not responsible for any loss that may occur from you submitting your information to us.
We may require you to set up an account with a username and password to gain access to parts of the Website. If we do, you will be responsible for keeping the combination of these details confidential and any actions that occur through your account (whether directly or indirectly) you are responsible for.
If we permit you to connect to the Website using a third-party service (e.g. Facebook or Google+), you grant us permission to access, store, and use the information from that service as permitted by that service.
We reserve the right, at any time and without prior notice, to remove or disable your access to the Website or any part of it, including your Account, for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Website.
These Terms of Use will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Website at any time. You do not need to inform us if you choose to discontinue use of the Website.
We may make content available for you to share on the Website. Where such content is made available, you must ensure that such sharing is properly credited to us including a link back to us, and comply with any other instructions we may specify. Your licence to share such content is by revocable and limited right. Where you share our content, you do so at your own risk. We will not be liable in any respects for any content that you share.
Our Website may contain links to or from other third-party websites which we have no control over. We are not responsible for the content or use of these other websites (including any virus, or disturbing or harmful content) and you access them at your own risk.
Although our content has been drafted with due care and diligence, our Website and our content is provided “as is” and we make no representations and give no warranties or guarantees as to the suitability, accuracy or quality of the Website. We do not guarantee that the
Website will be free from errors or defects, or that the Website will be accessible at all times.
Your use of the Website is at your own risk and to the extent permitted by law, we exclude all liability of any kind, however arising, including any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, or any indirect or consequential loss resulting from your use of the Website. Our total liability is limited to $1, however where we cannot limit our liability to $1 by law then our liability will be limited to the cost of re-supply of the relevant services (being the provision of the Website to you), or refunding the amount paid by you to us in connection with the services (if any).
You agree to indemnify and release us and our related entities from and against all losses (as before mentioned) which we may incur in respect of any negligence, misuse of the Website, other act or omission, or any breach of these Terms of Use by you.
You are solely responsible for any information that you transmit to us. Whilst we use our best endeavours to maintain the security of the Website to Australian standards (including the use of SSL), we do not guarantee the security of the Website, our records, or any information you submit to us. We disclaim all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.
In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with such connection/access.
By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others. You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you, and for any other purposes we consider reasonable. Such use will be compliant with the terms of our Privacy Policy (accessible on the Website).
Where we use social media pages or groups run by us, such pages will only be used to advertise our products and services and to facilitate community interaction. Such terms found herein as they relate to providing information will apply to your use of our social media pages or groups.
These Terms of Use, and your use of our Website are governed by the laws of New South Wales, Australia and you agree to submit to the jurisdiction of the Courts of the State of New South Wales and Courts competent to hear appeals.
Unless the context requires otherwise, the following words and phrases in these Terms of Use shall have the following meanings:
Website means www.awakeacademy.com.au including all content, trade marks, and related services, products, websites, tools and applications;
you means the person or entity that accesses the Website and your has a corresponding meaning.
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Awake Academy Pty Ltd ACN 642 295 289 (“Awake Academy”, “we”, “us”, “our”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding Personal Data we collect from users of our Website and Services. Capitalised terms not defined in this Privacy Policy have the meanings given in our Course Terms and Conditions or Website Terms of Use.
The processing of Personal Data shall always be in line with the Australian Privacy Principles contained in the Privacy Act 1998 (“Privacy Act”), the General Data Protection Regulation (“GDPR”), and in accordance with country-specific data protection regulations applicable to Awake Academy.
We have implemented a number of technical and organisational measures to ensure the most complete protection of Personal Data (as defined below) processed through the Website and the Services.
For the purpose of the GDPR in respect of the Personal Data of the Website and the Services, the Data Controller is Awake Academy.
Where we rely on your consent as the lawful basis to process your data we will always ask for you to positively affirm your acceptance. By clicking “I accept the Privacy Policy” or similar, or if we indicate that by clicking a button you are accepting this Privacy Policy you acknowledge and agree to be bound by this Privacy Policy.
We note that certain contact or other data forms where consent is required to be given by you include no pre-checked checkboxes so that you are able to freely and affirmatively opt-in. In cases where we do not consider it practical to include a checkbox, we will indicate that by clicking a certain button you have agreed to the terms of this Privacy Policy. We will also provide you with notice on the Website specifically detailing what it is that you are consenting to in clear and plain language as well ensuring that each matter that requires consent is clearly distinguishable.
For all areas of the Website where consent is given it is just as easily able to be withdrawn through the appropriate account settings on the Website.
If you believe that consent has not been given freely or in breach of the terms of this Privacy Policy please contact us.
Our Service is not offered to persons under the age of 18 or who cannot form legally binding contracts under Applicable Law. We do not knowingly collect Personal Data from such visitors.
If you become aware that a child has provided us with information please contact us. Any information that is in breach of this provision will be deleted.
“Personal Data” means any information that allows someone to identify you, including, for example, your name, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
“Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
We do not knowingly collect sensitive information from visitors.
1. Account Data
You do not need to create an account to browse the website and view our service offerings. If you wish to participate on the Website you will however, need to create an account with us.
By creating an account on the Website you may enter your details on the input form.
We may collect this Personal Data from you, such as your name, e-mail, phone number, password, and any other information you provide us on the registration/application form when you create an account with us. At registration, we will clearly label which information is required and which is optional to be provided at your discretion. We may also request you provide us with additional information after registration.
The legal basis for this processing is based on:
The registration of the account and voluntary provision of Personal Data is intended to enable us to offer you services that may only be available to registered users.
2. Payment Data
When you make a purchase through our Website and make payments to us, Stripe (our third-party payment gateway) will collect and host all personal information necessary to complete the transaction, including your name, email, and credit card/debit card information. Stripe’s privacy policy can be viewed here – https://stripe.com/au/privacy
The Personal Data we collect on our website will be restricted to the data you input into our user sign-up form, which excludes any confidential payment information.
The legal basis for this processing is based on:
This Personal Data is needed to enable us to process your subscription to the Website. We retain information on your behalf, such as basic contact details (name, email, phone) along with subscription history and any course engagement details using your Account.
3. Additional Data
If you provide us feedback or contact us via e-mail, or other means including by phone call or by contracting with us, we will collect your name and e-mail address, as well as any other content included in the e-mail or conversation, in order to send you a reply. We will store and process your communications and information as needed. When you participate in one of our surveys, we may collect additional profile information.
The legal basis for this processing is based on:
By submitting the form or making contact with us such Personal Data is transmitted on a voluntary basis and you consent to its collection.
4. Subscription Data
On the Services, you may have the ability to subscribe to various newsletters. We may collect the data when you input your details for subscription purposes.
The Personal Data is processed for the purpose of informing you regularly by means of a newsletter. The Personal Data collected during the subscription will only be used for marketing materials or for reasons made known on the form.
The legal basis for this processing is based on:
By submitting the form and voluntarily providing us with your data, you are providing consent to the use of such data by us. For the purpose of revocation of consent there is a corresponding unsubscribe link found in each subscription email.
We may also collect Personal Data at other points on the Services that state that Personal Data is being collected. In some circumstances, Personal Data is provided to us by third parties such as our related entities, service providers or other organisations conducting activities on your behalf. With your expressed consent, your Personal Data may be used and disclosed to us this way. The purposes as outlined above may include the processing of such Personal Data to the extent necessary for us to comply with a law, regulation or legal request or to protect the safety of any person or to prevent fraud.
1. Log Data
To make our Website and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
This data may be processed for the purposes of operating our website, providing our services, improving our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
The legal basis for this processing is based on:
2. Google Analytics
We currently use Google Analytics as well as Google Analytics for Display Advertising. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. Site owners can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. Please see the following links for more information about Google Analytics: http://www.google.com/analytics/,http://www.google.com/privacy.html and http://www.google.com/analytics/tos.html.You can also opt-out of Google Analytics for Display Advertising by going to the Google Ads Preferences Manager.
3. Facebook pixels
We currently use Facebook pixels for conversion tracking and custom audiences, in accordance with Facebook’s terms which can be viewed here https://www.facebook.com/customaudiences/app/tos/?ref=u2u.
4. Third party services
If you:
5. Submission data
To make our Website and Services more useful to you, we may collect Personal Data about your submissions by extracting this information from your Account.
This data may be processed for the purposes of monitoring how many Forums you have created or been a part of. We may then use that data in aggregate (i.e. anonymised) in order to determine metrics associated with our Services.
The legal basis for this processing is based on the legitimate interests of carrying out our business, providing personalised Services to you and any other legitimate interests as detailed below.
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in providing the Services in a personalised, safe and efficient manner. We collect, use, store and share your Personal Data in the following ways:
If you access the Website from a shared device or a device of a third party (such as in an internet café), your Personal Data may also be available to other persons who access that device.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyse request and usage patterns so that we may enhance the content of our Services and improve Website navigation. Awake Academy reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
We may disclose your Personal Data to third parties for the purposes contained in this Privacy Policy, including without limitation to:
1. Service Providers
We may share your Personal Data with service providers to:
The service providers (and if necessary data processors) include:
These third party service providers are required not to use your Personal Data other than to provide the services requested by Awake Academy.
2. Affiliates and Acquisitions
We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honour this Privacy Policy. In the event we are involved in a merger, acquisition or sale of assets we may disclose Personal Data collected by us to such entities that we propose to merge with or be acquired by, and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
3. Third parties with your consent
We may disclose your Personal Data to third parties to whom you expressly ask to us to send the Personal Data to or to third parties you consent to us sending your Personal Data to.
Any information that you submit on the Website generally in other areas will be available to the audience as chosen by you at the time of submission. For example if you submit content on the Website in a public discussion, such content will be made available to the world at large.
We may also, with your consent or at your direction, disclose your Personal Data to your authorised representatives.
4. Other disclosures
Regardless of any choices you make regarding your Personal Data (as described below),Awake Academy may disclose Personal Data if it believes in good faith that such disclosure is necessary: (a) in connection with any legal investigation; (b) to comply with relevant laws, regulations, enforceable governmental requests or to respond to subpoenas or warrants served on Awake Academy; (c) to protect or defend the rights or property of Awake Academy or users of the Services; (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Website Terms of Use; (e) to protect the safety of any person or to protect the safety or integrity of our platform including for security reasons; and (f) detect, prevent or otherwise address fraud, security or technical issues.
We may share your Personal Data with such third parties subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your Personal Data only on our behalf and pursuant to our instructions.
We will take reasonable steps to ensure that anyone to whom we disclose your Personal Data respects the confidentiality of the information and abides by the APPs the GDPR or equivalent privacy laws.
We will not share, sell, rent or disclose your Personal Data in ways different from what is disclosed in this Privacy Policy.
If you do not provide us with the Personal Data described above, some or all of the following may happen:
We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. Persistent Cookies can be removed by following Internet browser help file directions. Cookies may enable automatic logins when you visit in the future and may enable content customisation.
We sometimes use cookies to show remarketing communications via third party networks like Google Display network and Facebook. To opt out of these communications please visit the Network Advertising Initiative opt out page.
When you click on a link to any other website or location, you will leave our Website and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content and we are not responsible for the privacy practices of those third parties. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites. The privacy policies and other terms that apply to those outside websites or their content may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those outside websites.
Subject to the Privacy Act and the GDPR you may request to access the Personal Data we hold about you by contacting us. All requests for access will be processed within a reasonable time.
1. Accessing or Rectifying your Personal Data
If required by law and if reasonably practicable, we may provide you with tools and account settings to access, correct, delete, or modify the Personal Data you provided to us. You can download and access certain information you provide to us by emailing us. In the event that you are unable to access your account to access or rectify your Personal Data, you may submit a request to us to correct, delete or modify your Personal Data and download the data for you.
Sometimes, we may not be able to provide you with access to all of your Personal Data and, where this is the case, we will tell you why. We reserve the right to charge a reasonable fee for searching for, and providing access to, your information on a per-request basis. We may also need to verify your identity when you request your Personal Data.
2. Deletion
We keep data for as long as it is needed for our operations. If you deactivate and delete your account your data will no longer be visible on your account.
If you wish to have us delete your data please contact us.
3. Object, Restrict, or Withdraw Consent
If you have an account on the website you will be able to view and manage your privacy settings. Alternatively, if you do not have an account, you may manually submit a request to us if you object to any Personal Data being stored, or if you wish to restrict or withdraw any consent given for the collection of your Personal Data.
You may withdraw your consent to the processing of all your Personal Data at any time. If you wish to exercise this right you may do so by contacting us.
You may withdraw your consent or manage your opt-ins by either viewing your account on the Website or clicking the unsubscribe link at the bottom of any marketing materials we send you.
4. Portability
We may provide you with the means to download the information you have shared through our services. If you require such information, please email us.
We may retain your information for fraud prevention or similar purposes. In certain instances we may not be required or able to provide you with access to your Personal Data. If this occurs we will give you reasons for our decision not to provide you with such access to your Personal Data in accordance with the Privacy Act and the GDPR.
There is no application fee for making a request to access your Personal Data. However, we may charge an administrative fee for the provision of information in certain circumstances such as if you make repeated requests for information or where the information is held by a third party provider.
Awake Academy is committed to protecting the security of your Personal Data. We (and our third party service providers) use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorised access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorised people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, therefore, while Awake Academy uses reasonable efforts to protect your Personal Data, Awake Academy cannot guarantee its absolute security.
We take data breaches very seriously. Depending on where you reside our policy is:
1. If you reside in Australia:
In the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act 1988 (Cth) or any other subsequent sections or legislation which supersede this Part IIIC, we will take all reasonable steps to contain the suspected or known breach where possible and follow our notifiable data breach policies.
2. If you reside in the European Union of EFTA States:
We will endeavour to meet the 72 hour deadline as imposed by the GDPR, to report any data breach to the supervisory authority where a data breach occurs that will likely be a risk to you.
Further, where there is likely to be a high risk to your rights we will endeavour to contact you without undue delay.
We will review every incident and take action to prevent future breaches.
If you reside in the European Union or EFTA States, you shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you, as long as the decision is not necessary for entering into, or the performance of, a contract between us, or is not authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or is not based on your explicit consent. If you wish to exercise your rights please contact us.
We keep Personal Data from active accounts as long as it is reasonably needed for our operations and to fulfill the purposes set out herein. We will also keep Personal Data from accounts that have been deactivated where we are legally required to and also where it is necessary to stop fraud, collect outstanding fees, troubleshoot problems, or otherwise enforce our other policies accessible on the Website.
Awake Academy welcomes your comments or questions regarding this Privacy Policy.
If you have a question regarding this Privacy Policy or you would like to make a complaint, please contact us by email by using our contact details on the Website or below.
If you reside in Australia:
You can confidentially contact our Privacy Officer at:
Privacy Officer
Email: wakeup@awakecademy.com.au
If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian Information Commission at:
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au
Office Address: Level 3, 175 Pitt Street, Sydney NSW 2000
Postal Address: GPO Box 5218, Sydney NSW 2001
Site: www.oaic.gov.au
This Privacy Policy is subject to occasional revision and Awake Academy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Continued use of our Website or Services shall indicate your acknowledgement of that it is your responsibility to review the Privacy Policy periodically and become aware of any modifications.
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