Welcome to Hamilton Coaching website, www.hamiltoncoaching.com.au This site is owned, managed and published by Judy and Darren Hamilton, Sydney, (hereinafter referred to as “Hamilton Coaching”).
Please read these Terms and Conditions carefully before using our services. They govern your use of all our websites, services (including Facebook, LinkedIn, Twitter, and Instagram sites), products, and content (“Sites”).
By accessing www.hamiltoncoaching.com.au and our other Sites, registering for services, or accepting, uploading, submitting or downloading any information or products or content from our Sites implies the full and complete acceptance of the Terms and Conditions.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE OUR SITES.
We reserve the right to refuse service to anyone for any reason, at any time.
Our Sites are provided for informational, educational, and self-empowerment purposes.
The information provided in or through our Website, Programs, Products and Services is for educational and informational purposes only and is made available to you as self-help tools and services for your own use. When serving as a Coach, whether through in-person, phone, Skype, Zoom, online webinars, teleseminars, videos, audio’s, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, consultations and/or trainings, website content, blog, Programs, Products or Services, you acknowledge that we are supporting you in our role exclusively as a Coach, and in no other role.
Coaching: The client is aware that coaching is in no way to be construed as psychological counselling or any type of therapy. Coaching results are not guaranteed. The client enters into the coaching with the full understanding that they are responsible for creating their own results. The client will endeavour to follow through on everything agreed to during the coaching session. The client will agree to ‘push through’ challenges that might arise to make the most of this coaching experience.
Not Legal or Financial Advice: The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own solicitor, lawyer, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and country. It is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.
Personal Responsibility: Our Website, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs, Products, and Services, and you alone are 100 percent solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Website, Programs, Products and Services. You acknowledge that you take full responsibility for your life and professional decisions, for all decisions now and in the future.
No Guarantees of Income or of Any Kind: Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular business result or income increase or level. You accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, motivation, and a whole list of other additional factors. As with any coaching-related program or service that you purchase, your results may vary and will be based on many variables. Therefore, no guarantees can be made. Any earnings or income statements or examples shown through our Website, Programs, Products and Services are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of our Website, Programs, Products or Services. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs, Products and Services. You are solely responsible for your results.
Testimonials: We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to our character and/or the quality of our work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to our Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on this Website and through our Programs, Products and Services, are the culmination of numerous variables, some of which we cannot control.
LIMITATION OF LIABILITY
The services and all products delivered to you through the Sites are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, with no representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
“Hamilton Coaching” shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, our Sites.
You expressly agree that your use of, or inability to use, our Sites is at your sole risk.
Exceptions: Nothing in this disclaimer will exclude or limit any warranty implied by law where it would be unlawful to exclude or limit.
Reasonableness: By using the Sites, you agree that the exclusions and limitations of liability set out in the terms and conditions are reasonable. If you do not think they are reasonable, you must not use the Sites.
Unenforceable provisions: If any provision of this disclaimer is or is found to be, unenforceable under applicable law, will not affect the enforceability of the other provisions of this disclaimer.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Please note that “Hamilton Coaching” does not guarantee the accuracy, relevance, timeliness, or completeness of any information on the Sites.
“Hamilton Coaching” will use its reasonable endeavours to ensure that our Sites and the facilities thereon (including newsletters, personal emails, resources and programs) are available at all times and that “Hamilton Coaching” supplied content is true, accurate and error free. However, we do not guarantee this and offer no warranties unless specifically stated.
Access to our Sites may be interrupted and information, content and materials may not be error-free. “Hamilton Coaching” publishes information as a convenience to its visitors and users. While we try to provide correct and timely information, there may be information that has typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the websites is inaccurate at any time without prior notice (including after you commenced a program or service).
We are not responsible if information made available through our Sites is not accurate, complete or current. We provide the material on our Sites for general information. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material from our “Services” is at your own risk.
The contents of our Sites including information and advertising references, unless stated to the contrary, do not constitute binding offers.
CHANGES TO CONTENT AND TERMS AND CONDITIONS
“Hamilton Coaching” may make any modifications it deems appropriate to the Content and may change or delete any of it, fully or partially, including the way it is presented or where it is located, without prior notice. Features and specifications of products or services described or depicted on our Sites are subject to change at any time without notice.
Our Sites may contain certain historical information. Historical information is not current and is provided for your reference only.
You can review the most current version of the Terms and Conditions on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions, to adapt them to new laws or due to strategic corporate decisions.
It is your responsibility to check our website for changes. Your continued use of or access to our Sites following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
LINKS TO THIRD-PARTY CONTENT AND WEBSITES
Our Sites may contain third-party owned content (e.g., articles, data feeds, abstracts, etc.) and may include hyper-links to third-party owned sites. We offer such third-party content and links as a courtesy to our users.
Our Sites may from time to time contain hyper-links to third-party websites or services that are not owned or controlled by “Hamilton Coaching”.
The inclusion of any links does not imply a recommendation or endorse the views expressed within them.
We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that “Hamilton Coaching” 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 linked websites or services.
You may link our Sites only with our consent. Any such linking will be completely your responsibility and at your expense. By linking, you must not alter any of our Sites’ contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Any website that links to our Sites
i. must not frame or create a browser or border environment around any of the Content of the Sites
ii. may link to, but not replicate, the Content
iii. must not imply that “Hamilton Coaching” or the Sites is endorsing or sponsoring it or its products unless we have given our prior written consent
iv. must not present false information about “Hamilton Coaching” or its Sites, products or services
v. must not use any “Hamilton Coaching” trademarks without the prior written permission from us
vi. must not contain content that could be construed as distasteful, offensive or controversial
vii. must not engage in behaviour specifically prohibited by these Terms and Conditions
By linking to any part of the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms and Conditions, we reserve the right to deny permission to link to the Sites for any reason in our sole and absolute discretion.
Advertising and Sponsorships
We do not accept paid advertisements or sponsorships on our Sites.
From time to time, we may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote or market for our partners and in exchange, we receive financial compensation in the form of affiliate fees and/or other rewards. Please note that we are highly selective as to the partners whose programs, products and/or services we promote, and we only promote or share the programs, products and services of those with whom we think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as we waive all liability as related to any of my affiliates, including any of their programs, products or services.
You agree to indemnify, defend and hold harmless “Hamilton Coaching” and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party. Notwithstanding the foregoing, “Hamilton Coaching” retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the Terms and Conditions, and under this Indemnity provision and in no event shall you settle any such claim without our prior written approval.
GOVERNING LAW/APPLICABLE LAW/JURISDICTION
Our Sites can be accessed from Australia and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of New South Wales, without regard to any principles of conflicts of law, will apply to all matters relating to the use of our Sites.
By accessing our Sites, any product, content and/or packages offered by “Hamilton Coaching” you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
The applicable law to the Terms and Conditions and to disputes arising out of Terms and Conditions is the law of the State of NSW, Australia.
CONFIDENTIALITY OF COACHING SESSIONS
‘Hamilton Coaching’ recognises that anything a client shares in a session is regarded as confidential, whether business or personal information. Any notes we make during the Session or about you are kept confidential.
As your coach, we will not use or disclose the information You share during your Sessions, except as authorised by you or as required by law.
The Session agenda is in accordance with the programme schedule. If the Session is not heading in the direction you would like, if the Coach ever says anything you don’t feel comfortable with or if you have a concern with the way the sessions are proceeding, you will let the Coach know immediately.
LIVE SESSIONS AND WORKSHOPS
Sessions are provided by ‘Hamilton Coaching’ over video conference or teleconference and are strictly adults only to ensure professionalism and a quiet working environment for all other participants.
‘Hamilton Coaching’ reserves the right to exclude you from any Session should you, in our sole determination, become disruptive.
You understand and acknowledge that ‘Hamilton Coaching’ and/or its representatives may record any aspect of a Session (“Recordings”). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by ‘Hamilton Coaching’.
You hereby waive any and all legal rights you may have against ‘Hamilton Coaching’ in respect of Recordings of your participation in the Session and grant to ‘Hamilton Coaching’ the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
You hereby release, discharge and agree to hold harmless ‘Hamilton Coaching’ from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
If you or any participants are late for a Session, the Session will complete at the scheduled time.
We may terminate or suspend access to our Sites immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.
All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
To contact us with any questions or concerns in connection with these Terms and Conditions or the Sites, or to provide any notice under these Terms and Conditions to us please contact us via email firstname.lastname@example.org.
We understand that you may need to cancel for a range of reasons. Fees paid are non-refundable after the commencement of Sessions. If withdrawn prior to the start date a $50 AUD Administration Fee will be retained.
In the unlikely occurrence that “Hamilton Coaching’ cancels a re-occurring Session, you will not receive a refund for that particular Session.
COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
The Sites and its original content, features, and functionality are owned by Judy and Darren Hamilton and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
When you visit our Sites, we grant you a personal, limited, non-exclusive, non-transferable licence to access and use our information and services contained for personal use.
You are permitted to download a copy of the information on our Sites to your computer for your personal use, only as long as you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
The licence to access and use the information on our Sites does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to meta tag or mirror our Sites without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our Sites.
Any unauthorised use of the words or images on our Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Sites.
We do not authorise the purchase of our programs or resources for resale purposes. We reserve the right in our sole discretion to cease doing business with those clients that we suspect are violating this policy. We may modify this policy at any time without prior notice.
The Sites, services and products may be used only for lawful purposes.
“Hamilton Coaching” will investigate occurrences violations of system or network security and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You represent, warrant and agree that you will comply with the below security rules.
You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:
i. Accessing data not intended for you or logging into an account, which you are not authorised to access
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation (or succeeding in such an attempt)
iii. Attempting to interfere or interfering with the operation of our Sites, our provision of services to any other visitors to our Sites, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mailbombing” or “crashing” the Sites
In addition to other prohibitions as set out in these Terms and Conditions, you are prohibited from using the Sites or their content:
i. For any unlawful purpose
ii. To solicit others to perform or participate in any unlawful acts
iii. To violate any international, federal, or state regulations, rules, laws, or local ordinances
iv. To infringe upon or violate our intellectual property rights or the intellectual property rights of others
v. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
vi. To submit false or misleading information
vii. To collect or track the personal information of others
viii. For any obscene or immoral purpose
Note that this should be regarded as a guideline to the spirit of what is prohibited. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
REGISTRATION FOR ACCESS TO PORTIONS OF SITE
Registration may be required for the use of certain portions of the Sites (e.g., email newsletters, webinars, specialised content downloads, programs, etc.).
Registration data and certain information about you are subject to the privacy statement within these Terms and Conditions. Please read the privacy statement for information on how your data will be handled. If you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information.
As a result of such registration, you may be provided with a username and password for which you will be responsible. If you create a user account or register for a restricted portion of the Sites, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the Sites using your name, username or password in whole or in part.
You agree to accept responsibility for all activities that occur under your account or password, if any and agree you will not sell, transfer or assign your user account. The user will be liable for any consequences of any inappropriate use that may occur and for any damages of any kind caused to “Hamilton Coaching” and/or any other user or third-party for a breach of these Terms and Conditions.
“Hamilton Coaching” reserve the right to remove any comments or content published by anyone on our Sites which, in our judgement, are not adequate for publication or to demand the person immediately remove them, as well as deny or remove access to our Sites and/or the Content offered by anyone violates these Terms and Conditions, upon the decision of “Hamilton Coaching”.
Furthermore, “Hamilton Coaching” reserves the right to request the immediate removal of any link, comment or content in relation to our Sites that has been used, disseminated, distributed, published, exported, exploited, reproduced or copied in violation of these Terms and Conditions through any means and on any medium. “Hamilton Coaching” will take legal action for any breach of these Terms and Conditions as well as any improper use of our Sites, exercising all actions possible including any criminal actions that may correspond as per the law.
By giving your consent, you can subscribe to our newsletter, which we use to inform you about our latest interesting offers. The promoted programs and services are specified in the declaration of consent.
We use the provider ActiveCampaign. The data stored during registration will be transmitted to and stored by ActiveCampaign. The data entered during registration will not be transmitted to any other third-parties.
We use an opt-in process for subscriptions to our newsletter. In addition, we store your IP addresses and the date and time of your subscription and confirmation. This process allows us to demonstrate that you have subscribed to the newsletter and to investigate any possible misuse of your personal data.
The only mandatory information you need is your phone number, email address and name. The requirement of additional, separately marked data is voluntary and will be used to address you individually. We store your email address for the purpose of sending you the newsletter.
You can withdraw your consent and unsubscribe from the newsletter at any time. You can withdraw your consent by clicking on a link provided in every newsletter, or by sending us a message using the contact page.
We analyse usage patterns when sending the newsletter. For this analysis, the e-mails sent contain so-called web beacons or tracking pixels that represent one-pixel image files stored on our Sites. For evaluation purposes, we link the above data and web beacons to your email address and your individual ID. Links included in the newsletter also contain this ID.
The information will be stored as long you are subscribed to the newsletter. Such tracking is also not possible if you have deactivated the display of images in your email program by default. In this case, the newsletter will not be displayed completely, and you may not be able to use all the functions and features. If you display the external content manually, the above-mentioned tracking will work.
User Comments, Feedback and Other Submissions
Your comment will be published with your name. Only your name and email address are required, all other information is optional. If you leave a comment, we will continue to store your IP address, which we will delete after one week. The storage is necessary for us to be able to defend ourselves against any potential liability claims due to the publication of illegal content.
Any public comment, feedback, idea or suggestion (called “comments”) which you provide to us through our Sites becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. This licence does not apply to the message content of your personal messaging, the privacy and integrity of which will be respected at all times.
We may, but have no obligation to, monitor, edit or remove content and/or comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Other features and content of our Sites
In addition to information, our Sites also offers various programs and services, which you can select to use. To do so, you may need to provide us with additional personal data for us to provide you with the respective service which will be governed by the aforementioned data processing principles.
We may use external service providers to process your data. These have been carefully selected and mandated by us, are bound by our instructions and are subject to regular checks.
Furthermore, we may disclose your personal data to third-parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive further information in the description of our services. Where required, we will provide you with further details and ask for your consent.
We reserve the right to terminate the accounts of users who (at our reasonable discretion) are infringers or repeat infringers.
USE OF OUR ONLINE STORE
If you would like to place an order in our online Sites, you will have to provide us with your personal data to process your order and to conclude the contract. The mandatory information for the performance of the contract is marked separately; any further details are voluntary. We use the data you provide to process your order.
For your ordering security, we use Stripe on our websites.
We may also process the data you provide to inform you about other interesting products from our portfolio or to send you emails with technical information if you have not objected to the use of your data for advertising purposes.
Under the provisions of the applicable commercial and tax laws, we are obliged to retain your address, payment and order data for a period of seven years. However, after two years we restrict the processing of your data, i.e. your data will only be used to comply with legal requirements.
To prevent unauthorised access of third-parties to your personal data and in particular, financial data, the ordering process is encrypted using SSL.
Although “Hamilton Coaching” has made every effort to display our products as accurately as possible, the displayed colours and dimensions of the products will depend upon the monitor of the user. We cannot guarantee that your monitor will accurately portray the actual colours or appearance of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change without notice to you. “Hamilton Coaching” is not responsible for typographical errors regarding price or any other matter.
As a customer, you are entitled to the legal rights under the New South Wales Fair Trading Act 1987 No 68. Details concerning the purchase such as confirmation of order, payment, delivery and customer service are presented on the website in connection with the purchase. In order to make a purchase from “Hamilton Coaching” you have to be sixteen (16) years old. If not, you should get your guardian's consent or place the order through that person.
Payment will be in advance or, except where otherwise agreed by instalments over a period of 8 weeks.
Ordering through our Sites, especially www.hamiltoncoaching.com.au is secure. Our site has SSL certification, which provides the highest level of assurance that all communication between our order page and your computer browser is securely encrypted.
We employ industry accepted standards in protecting your personal information on our Sites, and while we take every precautionary method available to us, no method of security is 100% secure. Consequently, we cannot guarantee the absolute safety of personal information submitted on our Sites.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
In order to protect your personal data from unauthorised access, we have provided our websites with an SSL certificate. SSL stands for "Secure Sockets Layer" which encrypts the communication of data between a website and the user's device. You can recognise the active SSL by a small lock logo, which is displayed on the far left in the address bar of the browser.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to “Hamilton Coaching” constitutes the entire agreement and understanding between you and us. They govern your use of our Sites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
If you have any questions about these Terms, please contact us.
This policy is consistent with the Australian Privacy Principals of the Privacy Act 1988 and prepared with consideration of General Data Protection Regulation (GDPR) (For EU residents), California Online Privacy Protection Act (CalOPPA) (for Californian Residents), and Personal Information Protection and Electronic Documents Act - PIPEDA (for Canadian Residents)
We are concerned about protecting your privacy as well as protecting your information in a secure manner.
INFORMATION THAT WE COLLECT
We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media.
We will only collect and use your Personal Data where:
i. we have lawful grounds to do so, including to comply with our legal obligations
ii. we are performing a contract with you for our services and/or products
iii. we have legitimate interests in using your Personal Data and your interests and fundamental rights do not override those interests
Personal Data: You may be asked to provide personal information including your name, address, email address and phone number when you sign up for any of our services or products such as newsletters, registering for a program, or purchase a product or service. We will only request the personal information that is required in order to fulfil our obligations to you, i.e. in order to deliver what you have requested, as well as to comply with any legal obligations that may accompany such an exchange. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases. To manage ongoing coaching clients, we collect and maintain personal data for clients that includes name, date of birth, telephone number, email address, relevant health information, personal information relating to current well-being, historical and other important factors to assist in supporting client. We may take brief, factual notes during our sessions.
Derivative Data: We collect information about your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. This data is stored and collected via Google Analytics. This data is processed for the purpose of analysing the use of our website. The basis for processing the data is our legitimate interests, namely monitoring and improving our website for our customers.
If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Other Data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
Live Sessions and Workshops: As detailed in the Terms and Conditions you understand and acknowledge we may record any aspect of a Session or Workshop. Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by ‘Hamilton Coaching’.
USE OF YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we use your personal data to:
i. present you with information through our Website and email services;
ii. provide our services, process orders, and administer our programs;
iii. maintain and improve our Website;
iv. respond to your requests, and provide customer service, including in response to any problems that may arise, such as difficulties in navigating our Website or accessing certain features;
v. Where you have opted-in to receive marketing from us, deliver communications that are relevant to your preferences / may be of interest to you
vi. Solicit your feedback, and to inform you about our products and services and those of our third-party marketing partners that we feel may be of interest or value to you;
vii. Personalise or display advertisements to you on third-party platforms;
viii. Improve our services or offerings; and
ix. Fulfil our legal or contractual obligations to you.
What is the purpose and legitimacy behind processing my personal data?
We may process any data identified within this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
We may process any data identified within this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks. In addition to the specific purposes for which we may process your personal data set out in this section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("financial data"). The financial data may include your contact details and the transaction details. The financial data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
PROCESSING YOUR INFORMATION
In line with data protection regulations, we would like to inform you of how we will process your data.
For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below.
However, we may, from time to time, process your data internally. We may process the following data:
• Data associated with your account, such as your name, address, email address and payment information
• Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.
• Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
• Data that you provide us in the course of using our services.
• Data that you post on our website, such as comments or responses to blogs.
• Data that you submit to us when you make an inquiry regarding our website or offerings.
• Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
• Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
• Data that you submit to us via correspondence, such as when you email us with questions.
• Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.
SHARING OF YOUR PERSONAL DATA
We take your privacy very seriously. We will not sell, distribute or lease your personal information to third-parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third-parties which we think you may find interesting (only if you formally give us consent for this to happen).
We share personal data as necessary with third-parties who provide services or functions on our
The following are specific reasons why we may share and use your information:
Advertisers: We may use third party advertising companies to run and manage our ads, such as Facebook Advertising, Instagram Advertising and Pinterest Advertising to produce ads that appears when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalised advertisements about goods and services that might interest you. We cannot control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.
Facebook Custom Audience: We may utilise Facebook’s Custom Audience capability which allows us to display ads on Facebook to individuals on our email lists or in our database. We may provide personal information to Facebook, such as your name, email address and phone number to enable Facebook to identify whether you are a Facebook account holder. To opt-out of the Facebook Custom Audience, please email us email@example.com with “Facebook Custom Audience Opt-Out” in your Subject Line, and your name and email address in the body of the email.
Interaction with others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.
Online Postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.
Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.
Other Third Party Tracking Tools and Personalised and Behavioural Advertising Services: We may also collect or receive information from third parties, such as Facebook, Instagram and/or other third-party social media and similar programs. We use the collected Information to understand client needs, including regarding our Website services to retargeting / Personalised and Behavioural Ads and marketing campaigns
Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service.
To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Other Purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.
Please note that we have appropriate data privacy safeguards in place with third-parties with whom we share personal data as described above and who are providing services or functions on our behalf.
For residents of the EU, California and Canada, the personal information that we collect from is sent and stored outside these Areas, predominately in Australia.
We will use and store your personal data only for as long as necessary, bearing in mind the uses of your personal data as described in this privacy statement and otherwise as communicated to you. We review the personal data we hold at regular intervals and delete permanently or anonymise any personal data which is no longer necessary.
How long will we save your data?
“Hamilton Coaching” will comply with the current regulation provisions of deleting personal information that is no longer necessary for the purpose for which it was collected or blocking it in order to fulfil any obligation arising from data processing and only for the prescription periods to which such obligations are subject. Once such periods end, the information will be definitively eliminated using secure methods.
By engaging with us through our Sites, you have given us consent to use your personal information for its identified purpose (for example, when you purchase a service from us, email us for information or request a free product from us). You can change your mind about being contacted in the future.
How can you withdraw consent?
You may at any time withdraw your consent by sending an email to firstname.lastname@example.org
However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies ask permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual.
Overall, cookies help us provide you with a better Sites, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our Sites.
Managing Cookies Via Your Browser:
You may be able to change your cookie preferences via your browser settings. Please visit your browser’s help section for assistance with turning on notifications regarding cookies or disabling cookies through your browser.
Managing Cookies on Your Mobile Device:
You may be able to change your cookie preferences on your mobile device either via your browser settings, or via the settings (preferences) on your device. For additional info, please visit http://www.allaboutcookies.org/mobile/
Our Sites and our services are primarily aimed at adults. We do not knowingly collect any personal data relating to children aged under 16 years old, unless with prior agreement of a parent or legal guardian. If you are under the age of 16, please do not provide us with any of your personal data, including your email address.
If you have proof that data has been "collected" without the express consent of a parent or guardian of the child, please contact us and we will proceed to eliminate this data. In doing so, we are protecting the rights of minors.
You have the following rights with respect to personal data concerning you:
i. Right of access
ii. Right to rectification or erasure
iii. Right to the restriction of processing
iv. Right to object to processing
v. Right to data portability
You also have the right to lodge a complaint with the appropriate supervisory authority about our processing of your personal data.
What rights do you have with regard to data protection?
You may exercise your rights of access, rectification and deletion of data as well as request limitations on the processing of your personal data, request the portability of your data and not be subject of individualised automatic decisions by sending a notification to email@example.com
Anyone who believes their data protection rights have been breached or who has a complaint relating to personal information may email firstname.lastname@example.org
In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
How do you decide how you want to hear from us?
We will contact you in accordance with your preferences, including by email, phone, post and SMS text. We always seek to explain why and how we might contact you at the point you give your information to us.
If you "opt in" to receive information from us or others, you can change your mind later. If at any time, you would like to stop receiving such information or opt out of a feature, you may notify us at email@example.com You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third-party who has been provided with your information in accordance with these Terms and Conditions.
Sometimes, we need your information to be able to contact you to provide the service or product you wish to use (e.g. a subscription, coaching or retail sales). In those cases, by signing up to the service you are agreeing that we will have to send you service communications to run the service itself, and we will not offer you the chance to opt-out from receiving those messages until you decide you no longer wish to use the services.
California Privacy Rights
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
EU Visitors and GDPR
If you live in the EU, your data may be subject to protection by the General Data Protection Regulation (GDPR), a privacy regulation intended to help you have greater control over your personal data.
Under the GDPR, you have the right:
II. to object on grounds relating to your particular situation to the collection or processing of certain kinds of information
III. to withdraw consent even after it has been given, without affecting the lawfulness of the processing of your data prior to your withdrawal
IV. to access, modify or update your information so that it is correct
V. to have your information deleted or erased
VI. to have your data transferred or ported elsewhere
VII. and the right to restrict processing in certain situations
For purposes of the GDPR, to the fullest extent possible we do not directly collect or maintain personal data of our EU visitors or clients. This is done through partnerships with third-party vendors who have systems designed for the collection and storage of data on behalf of their clients. The data is only kept as long as is reasonably required to accomplish the purpose or purposes for which it was collected. Certain data may be expunged or utilised more quickly than others, and depending on your engagement and behaviours, including purchasing behaviours, we may be engaged in a business or contractual relationship with some longevity. (For example, if you purchase a course or program, or services that span over some time, you will continue to receive communications in regard to those offerings or services).
The categories of data processors with whom we work, and that help us in the collection of information that allows us to serve and interact with you include website analytics provider(s), website and webform plug-ins and related third-party services that allow us to maintain an up-to-date online platform and communicate with you electronically, an email service provider or providers to assist in managing email correspondence with our visitors, customers and list, as well as payment processor(s) and/or merchant account(s) to help us transact sales online and follow up with you regarding any purchases.
You may contact us at any time to have your information with any of these processors updated or corrected, deleted, or to obtain a copy for your records. Additionally, you may opt out of receiving any additional emails or marketing messages from us by clicking the “unsubscribe” link at the bottom of our email notifications.
Further, if you feel that we have not complied with the relevant data protection regulations, please contact us by sending us an email at firstname.lastname@example.org with your first and last name, your country of origin, and a summary of your concern or complaint. We will endeavour to respond at our earliest possible convenience to address your concern. If contacting us does not resolve your complaint, you may have additional options.
Residents in Designated Countries may also have the right to lodge a complaint with the relevant EU data protection authority. You may access a list of the Data Protection Authorities in the EU here.
CONFIDENTIALITY AND SECURITY OF INFORMATION
“Hamilton Coaching” uses reasonable standards of confidentiality and security for our Sites and for the personal consumer information collected from our Sites. The personal consumer information you provide is secured using industry standard e-commerce security technology.
We restrict access to your personal consumer information. However, it is possible that someone may intercept or access communications, transmissions and/or personal consumer information. You must also seek to protect against unauthorised access to any information that you use in connection with our Sites, and you should remember to close the browser once you have completed your activities on the Site or if you have decided to step away from your computer. In the event that we determine that there has been a security breach resulting the unauthorised disclosure of personal consumer information to a third-party, we will notify consumers whose personal consumer information has been so disclosed by posting such information on the Site and, if email contact is possible, then we would send an email advising of the status.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
In order to protect your personal data from unauthorised access, we have provided our websites with an SSL certificate. SSL stands for "Secure Sockets Layer" which encrypts the communication of data between a website and the user's device. You can recognise the active SSL by a small lock logo, which is displayed on the far left in the address bar of the browser.
Use Caution When Sharing Information Online
When you voluntarily make your Personal Information available online in an environment shared by third parties – including in webinars, classes, online conferences, via email, on message boards, chat rooms or on blogs, or via telephone calls or conferences – that information can be viewed, saved, collected, heard, and/or used by others outside of the Company. We are not responsible for any unauthorised third-party use of information provided in these contexts. Please be mindful whenever you share any information online.
Keeping your Personal Data secure
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure.
We have implemented security policies and technical measures to safeguard the personal data we collect.
We maintain physical, electronic and procedural safeguards that comply with applicable law, including the GDPR, CalOPPA, and PIPEDA to safeguard personal data from accidental loss, destruction or damage and unauthorised access, use and disclosure as much as possible.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.
Protecting your information
The password you provide when registering with the websites are encrypted to ensure protection against unauthorised access to your personal information.
We invest in high-quality security and do our utmost to protect user privacy. No data transmission over the Internet can be entirely secure, and therefore we cannot guarantee the security of your personal information and/or use of the website. Any information that you send is at your own risk and may be read by others. However, once we have received your personal information, we use strict procedures to protect the security of your personal information.
HOW TO ACCESS YOUR PERSONAL DATA
If you have provided personal, billing or other voluntarily provided information, you may access, review and make changes to it by emailing us at email@example.com
You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
• the payment of an administrative fee (currently fixed at $20 AUD); and
• the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
To manage your receipt of marketing and non-transactional communications, you may unsubscribe by clicking the “unsubscribe” link located on the bottom of any related email from us. Emails related to the purchase or delivery of orders are provided automatically – Customers are not able to opt out of transactional emails. We will try to accommodate any requests related to the management of Personal Information in a timely manner. However, it is not always possible to completely remove or modify information in our databases (for example, if we have a legal obligation to keep it for certain timeframes, for example).
PERSONAL DATA CONTROLLER
The data controller of your data is Judy Hamilton of “Hamilton Coaching”.