PRIVACY POLICY

Effective Date: 8 December 2020

We are committed to protecting Your privacy. This Privacy Policy describes how We collect, use, store, share and protect the information collected through www.positivezenenergy.com (the “Website”).

In this Privacy Policy, “We,” “Us,” and “Our” refer to Flick That Stress To Success. For more information about Us, see Clause 41.

This Privacy Policy is incorporated into and subject to Our Terms and Conditions. Capitalized words used but not defined in this Privacy Policy have the meaning given to them in the Terms and Conditions.

Please be advised that the practices described in this Privacy Policy apply only to information gathered online through the Website. This Privacy Policy applies where We are acting as a data controller with respect to the Personal Data of visitors, users, clients and customers (“You,” or “Your”); in other words, where We determine the purposes and means of the processing of that Personal Data.

PLEASE READ THIS PRIVACY POLICY CAREFULLY because it affects Your rights under the law. You confirm that You have read and agreed to be bound by this Privacy Policy. If You do not agree with this Privacy Policy, You may not use, access, create or publish on the Website.

We reserve the right to modify or amend the Privacy Policy from time to time without notice. Your continued use of the Website following the posting of changes to these terms will mean You accept those changes. If We intend to apply the modifications or amendments to this Privacy Policy retroactively or to Personal Data already in Our possession, We will provide You with notice of the modifications or amendments.

  1. Your Data
    1. We collect two basic types of information from You from Your use of the Website: Personal Data and Non-Personal Data.
  2. Personal Data
    1. Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and email address.
    2. As a general matter, You can browse the Website without submitting Your Personal Data to Us. However, there are a number of circumstances in which You may supply Us with Your Personal Data.
    3. The following are the most common ways through which You give Your Personal Data:
      1. Signing up to receive newsletters or e-mail alerts from Us;
      2. Signing up to receive discount and offers from Us or Our partners;
      3. Participating in surveys, panels, or market research on the Website;
      4. Participating in special events and promotions on the Website;
      5. Participating in communities, chat rooms and comment threads, other fora, and other interactive services on the Website;
      6. Submission of User Content on any part of the Website that permit it;
      7. Any other place on the Website where You knowingly volunteer to give Personal Data.
    4. We collect the following Personal Data from You:
      1. Name;
      2. E-mail Address.
  3. Personal Data From or Through Social Media Websites
    1. When You interact with the Website through a social media platform, such as Facebook, Twitter, or Pinterest, We may collect the Personal Data that You make available to Us on that page including Your account ID or handle. We will comply with the privacy policies of the corresponding social media platform and We will only collect and store such Personal Data that We are permitted to collect by these social media platforms. 
    2. If You choose to link with or through a social networking service, We and that service may share certain information about You and Your activities. With Your consent, We also may share information about You and Your activities, including what Your name, town, what You view on the Website, with that social network’s users.
    3. Please do NOT supply any other person’s Personal Data to Us, unless We prompt You to do so.
  4. Use of Personal Data
    1. We do NOT sell or license Your Personal Data to any third party.
    2. We may process any of Your Personal Data identified in this Privacy 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.
    3. In addition to the specific purposes for which We may process Your Personal Data set out in this Clause 4, 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.
    4. Specifically, We use Your Personal Data for the following:
      1. providing Products to You;
      2. improving and developing Our Website;
      3. verifying Your identity;
      4. processing Your requests or instructions;
      5. rewards, competitions, marketing or other promotional materials;
      6. recognising You when Your return to Our website;
      7. tracking sales data;
      8. providing emails, newsletters and/or updates;
      9. processing Your feedback on products and services;
      10. responding to Your queries and requests;
      11. creating personalised offers;
      12. investigating complaints;
      13. enforcing Our Terms and Conditions;
      14. as otherwise required or authorised by law or government agency.
  5. Non-Personal Data
    1. Non-Personal Data includes information that does not personally identify You, but may include tracking and usage information about Your location, demographics, use of the Website and the internet.
    2. When You interact with the Website, We may collect Non-Personal Data and Our servers may automatically keep an activity log of Your use of the Website. 
    3. Generally, We collect and store the following Non-Personal Data:
      1. Device information about Your computer, mobile device, or other device that You use to access the Website. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information;
      2. Usage information about Your use of the Website. This information includes a reading history of the pages You view.
      3. Additional “traffic information” such as time of access, date of access, software crash reports, session identification number, access times, and referring site addresses.
      4. Other information regarding Your use of the Website.
  6. Use of Non-Personal Data
    1. We may disclose or share Non-Personal Data (or other information, other than Personal Data) in any other manner that We deem appropriate or necessary. 
    2. Among other things, We will disclose Non-Personal Data to third parties to help Us determine how users use parts of the Website and who Our users are so We can improve the Website. 
    3. We will also disclose Non-Personal Data to Our partners and other third parties about how Our users collectively use the Website.
  7. Personal and Non-Personal Data From Other Sources
    1. We may also collect and store information about You that We receive from other sources to, among other things, enable Us to update and correct the information contained in Our database and to better customize Your experience on the Website.
  8. User Content Data
    1. We may process information that You post for publication on Our Website or through Our services (“User Content Data“). The User Content Data may be processed for the purposes of enabling such publication and administering Our Website. The legal basis for this processing is Your consent.
  9. Enquiry Data
    1. We may process information contained in any enquiry You submit to Us regarding Our products and/or services (“Enquiry Data“). The Enquiry Data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to You. The legal basis for this processing is Your consent.
  10. Notification Data
    1. We may process information that You provide to Us for the purpose of subscribing to Our email notifications and/or newsletters (“Notification Data“). The Notification Data may be processed for the purposes of sending You the relevant notifications and/or newsletters. The legal basis for this processing is Your consent.
  11. Combination of Data
    1. We use the information from different portions of the Website, all of which are owned and operated by Us, and We may combine information gathered from multiple portions of the Website into a single user record. We also use and/or combine information that We collect or receive from third party sources to enhance, expand, and check the accuracy of Your user records.
  12. Sharing of Your Data
    1. Our Group of Companies. We may disclose Your Personal Data to any member of Our group of companies, which means Our subsidiaries, Our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Privacy Policy.
    2. Insurers. We may disclose Your Personal Data to Our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
    3. Third-Party Suppliers. We may disclose Your Enquiry Data to one or more of those selected third-party suppliers of goods and services identified on Our Website for the purpose of enabling them to contact You so that they can offer, market and sell relevant products and/or services to You. Each such third party will act as a data controller in relation to the Enquiry Data that We supply to it; and upon contacting You, each such third party will supply to You a copy of its own privacy policy, which will govern that third party’s use of Your Personal Data.
    4. Other Purposes. In addition to the specific disclosures of Personal Data set out in this Clause 12, We may disclose Your Personal Data where such disclosure is necessary for compliance with a legal obligation to which We are subject, or in order to protect Our vital interests, Your vital interests, or the vital interests of another natural person. We may also disclose Your Personal Data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
  13. Retaining and Deleting Personal Data
    1. Personal Data that We process for any purpose shall not be kept for longer than is necessary for that purpose or those purposes.
    2. Notwithstanding the other provisions of this Clause 13, We may retain Your Personal Data where such retention 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.
  14. Your Rights
    1. Your Right to Access. We provide You with reasonable access to the Personal Data that You may provide through the Website.
    2. Your Right to Withdraw Consent. At any time, You may legitimately object to the processing of Your Personal Data, except if otherwise provided by applicable law. You may decline to share certain Personal Data with Us, in which case We may not be able to provide to You some of the features and functionality of the Website. 
    3. Your Right to Update, Correct Or Delete. You may update, correct, or delete Your Personal Data and preferences at any time by Contacting Us. If You wish to access or amend any other Personal Data We hold about You, or to request that We delete any information about You that We have obtained from an Integrated Service, You may contact Us. Please note that while any changes You make will be reflected in active user databases instantly or within a reasonable period of time, We may retain all information You submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where We otherwise reasonably believe that We have a legitimate reason to do so. We will however retain Your information needed for administrative and transactional communications.
    4. Right to Restrict Processing. In some circumstances You have the right to restrict the processing of Your Personal Data. Those circumstances are: You contest the accuracy of the Personal Data; processing is unlawful, but You oppose erasure; We no longer need the Personal Data for the purposes of Our processing, but You require Personal Data for the establishment, exercise or defence of legal claims; and You have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, We may continue to store Your Personal Data. However, We will only otherwise process it: with Your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
    5. Right to Object to Processing. You have the right to object to Our processing of Your Personal Data on grounds relating to Your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in Us; or the purposes of the legitimate interests pursued by Us or by a third party. If You make such an objection, We will cease to process the Personal Data unless We can demonstrate compelling legitimate grounds for the processing which override Your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
      1. You have the right to object to Our processing of Your Personal Data for direct marketing purposes (including profiling for direct marketing purposes). If You make such an objection, We will cease to process Your Personal Data for this purpose.
    6. Right to Data Portability. To the extent that the legal basis for Our processing of Your Personal Data is consent, or that the processing is necessary for the performance of a contract to which You are party or in order to take steps at Your request prior to entering into a contract, and such processing is carried out by automated means, You have the right to receive Your Personal Data from Us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
    7. Right to Complain to a Supervisory Authority. If You consider that Our processing of Your Personal Data infringes data protection laws, You have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of Your habitual residence, Your place of work or the place of the alleged infringement.
    8. You may exercise any of Your rights in relation to Your Personal Data through written notice to Us. See Our Details at Clause 28.
  15. Your Choices
    1. In general, if You register on the Website, You may update the information You have provided to Us.
    2. When You register on the Website, You may be able to indicate Your preferences regarding marketing communications. You may be able to change those preferences and select the categories of communications that interest You.
    3. You will not be able to opt-out of receiving certain service-related or transactional communications relating to the Website unless You cancel Your registration or subscription.
    4. Even after Your account is cancelled, We may retain Your information for the purposes set forth in this Privacy Policy.
  16. International Transfer
    1. The Website is published in Australia. Your Personal Data will be processed by FLICK THAT STRESS TO SUCCESS. As part of providing the Website, this Personal Data may be transferred to other regions, including to Australia. Such transfers will be completed in compliance with relevant Data Protection Legislation.
    2. If You are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where You are located, You should not submit Your Personal Data to Us.
  17. Cookies Policy
    1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
  18. Cookies We use
    1. Session Cookies. These are temporary cookies that contain no expiration date and are deleted after the user’s browser is closed. Examples are cookies in shopping cart, cookies that remember previous actions, cookies that manage and pass security tokens, multimedia content player session cookies, load balancing session cookies and third-party social content plug in sharing cookies.
    2. Persistent Cookies. These are cookies are saved in Your browser until they are deleted by the You or are deleted by Your browser after they reach their expiration dates. They are used for authentication, language selection, theme selection, favourites, internal site bookmarks, menu preferences, address and payment information.
    3. Functionality Cookies. Functionality cookies allow Us to remember choices that have been made by You in order to create an experience that’s made to fit. These cookies safely store authentication and identification information, for example Your language selection or region.
    4. Performance Cookies. Performance cookies allow Us to collect information, such as the most used pages or error messages, in order to understand how You use Our website and enable Us to create a better user experience. All information collected by performance cookies in anonymous.
    5. Advertisement Tracking Cookies. Advertising tracking cookies are third party cookies used by advertisers to enable them to tailor their advertising to You. Information is collected from Your browser about the types of websites You visit in order to offer advertisements which will most likely interest You. The cookies are placed by Our advertisers with Our permission.
    6. Affiliate Tracking Cookies. When You come to Us via an affiliate link a cookie is stored on Your browser and this cookie is used to track the affiliate referral. We require this cookie in order to pay commission to the referrer.
  19. Purpose of Using Cookies
    1. Authentication – We use cookies to identify You when You visit Our Website and as You navigate Our Website;
    2. Security – We use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect Our Website and services generally;
    3. Advertising – We use cookies to help Us to display advertisements that will be relevant to You;
    4. Analysis – We use cookies to help Us to analyse the use and performance of Our Website and services; and
    5. Cookie Consent – We use cookies to store Your preferences in relation to the use of cookies more generally.
    6. Our service providers use cookies, and those cookies may be stored on Your computer when You visit Our Website.
  20. Data Security
    1. We follow generally accepted industry standards to protect the information submitted to Us, both during transmission and once We receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in Our possession. This includes, for example, firewalls, password protection and other access and authentication controls. 
    2. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information You transmit to Us or store on the Website, and You do so at Your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards. If You believe Your Personal Data has been compromised, please Contact Us.
    3. If We learn of a security systems breach, then We attempt to notify You electronically so that You can take appropriate protective steps. We may post a notice through the Website if a security breach occurs.
  21. Links To or From Another Website
    1. The Website may contain links to other sites operated by Our affiliates or third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other sites. We are not responsible for the actions and privacy policies of third parties and other sites.
  22. Public Areas
    1. Please remember that any information You share in public areas, such as reviews, testimonials, and comment sections, becomes public and anyone may take and use that information. Please be careful about what You disclose and do not post any Personal Data that You expect to keep private. Please consult the applicable guidelines, if any, for use of Our chat rooms and other community areas for more information.
  23. Interest-Based Advertising
    1. To help ensure that You receive ads that are relevant to Your interests on the Website, Our advertisers’ services, and elsewhere on the Internet, We and third parties (including service providers, advertisers, and advertising companies) may collect information about Your online activities over time and across different sites, apps, and devices. We and third parties may use that information to help understand audience segments. Advertisers may use the segments to determine the audience groups to which they wish to deliver particular ads. Through this process, We do not use information that directly identifies You.
    2. Opt Out. You can opt out of receiving interest-based advertising on Your computer or laptop from some companies, including Us and Our service providers. Opting out does not mean You will no longer receive advertising. It means that the company or companies from which You opted out will no longer deliver ads tailored to Your web preferences and usage patterns.
  24. No Personal Data From Children
    1. We do not knowingly collect Personal Data from children under 18 years of age. The Website is not directed to children. We will not knowingly allow children to register for or become users of the Website.
    2. If You are under 18 years of age, You should not provide Personal Data to Us. 
    3. If We discover that a child has provided Us with Personal Data and We do not have parental consent, We will immediately delete that child’s information.
  25. California Privacy Rights
    1. If You are a California resident, California Civil Code Clause 1798.83 permits You to request and obtain from Us, information regarding the disclosure of Your Personal Data to the third parties for direct marketing purposes in the preceding calendar year, free of charge, once a year. 
    2. We do not share Your Personal Data with third parties for those parties’ direct marketing use. For more information about Our privacy and data collection policies, You may wish to review Our Privacy Policy. 
    3. California residents, who are under 18 and users of the Website, are allowed to request and have removed, any content or information that they have posted publicly. However, in cases where the law does not require or allow the removal of information, this may not be applicable. This is under California Business and Professions Code Clause 22581. 
    4. California Do Not Track Disclosure: We do not track the personally identifying information of Our users and visitors over time and across third party websites to provide targeted advertising and therefore We do not respond to Do Not Track (DNT) signals. However, some other third-party websites do keep track of Your browsing activities so that they can tailor the information or advertising they present to You. If You wish to opt out of this tracking, You can enable privacy settings in Your browser.
  26. Changes and Updates
    1. Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which We may update from time to time. If We modify the Privacy Policy, We will make it available through the Website, and indicate the date of the latest revision. Any material changes will be posted on this Website and will come into effect 30 days after their posting. 
    2. In the event that the modifications materially alter Your rights or obligations hereunder, We will make reasonable efforts to notify You of the change. For example, We may send a message to Your email address, if We have one on file, or generate a pop-up or similar notification when You access the Website for the first time after such material changes are made. If You do not refuse the changes in writing before they become effective, this shall mean that You have consented to the Privacy Policy as changed. Your continued use of the Website after the revised Privacy Policy has become effective indicates that You have read, understood and agreed to the current version of the Privacy Policy.
  27. Assignment
    1. We may change Our ownership or corporate organization while providing the Website and services. We may also sell certain assets associated with the Website. As a result, please be aware that in such event, We may transfer some or all of Your information to a company acquiring all or part of Our assets or to another company with which We have merged. Under such circumstances We would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, We cannot promise that an acquiring company or the merged company will have the same privacy practices or treat Your information the same as described in this Privacy Policy.
  28. Our Details
    1. This Website is owned and operated by FLICK THAT STRESS TO SUCCESS.
    2. We are registered in Australia, and Our registered office is at 106 Ebley St., Bondi Junction, NSW 2022.
    3. You can contact Us:
      1. by post, to the postal address given above;
      2. using Our Website contact form; or
      3. by email, using support@positivezenenergy.com.

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