Education is when you read the fine print. Experience is what you get if you don’t. – Pete Seeger
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Acceptance of terms of service
Modifications to these terms of service
We may modify these Terms of Service from time to time in its sole discretion. Your continued use of www.cultureincorporated.com.au will signify your acceptance of any changes.
The Site and the Company may, at our discretion, add or delete features and services.
Content by members
You alone are responsible for any content you post on the Site including but not limited to feedback and comments. You agree not to use www.cultureincorporated.com.au to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libellous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity, including impersonating an employee or consultant of Changing Change International (CCI) or www.cultureincorporated.com.au or any of its partner sites.
Culture IncorporatedTM and #CULTUREBites™ and the CHANGE Anything™ series are trade marks of Changing Change International (CCI).
All material on the Site, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by the Site or the Company or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.
If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please let us know by emailing firstname.lastname@example.org.
Links to the Site
We permit anyone to link to the Site subject to compliance with the following terms and conditions. A site that links to the Site:
- may link to, but not replicate, content contained in the Site;
- must not create a border environment or browser around content contained in the Site;
- must not present misleading or false information about the Site services or products;
- must not misrepresent the relationship with us in any way whatsoever;
- must not imply that the Company is endorsing or sponsoring the company/person and their products and services that appear on their website;
- must not use the Company logos without prior written permission from us;
- must not contain content that could be construed as obscene, libelous, defamatory, pornographic or inappropriate for all ages;
- must not contain material that would violate any laws;
- must agree that the link may be removed at any time upon any request from the Company pursuant to our reserved rights to rescind its consent to allow the link.
You agree to indemnify the Site and the Company and employees against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
The Site and products are educational and informational resources for those interested in improving their quality of life. The information contained in or made available through our sites (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
By continuing to the Site, and participating in any of our programs or products, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Ultimately, everyone is unique and it is your responsibility to do what you believe is right for you.
Therefore, following any information or recommendations provided on our website or in our products are at your own risk. If you have a serious mental health concern, you should hire a doctor or other professional that could assist your personal requirements.
We understand that your privacy is very important to you. Providing your personal information is an act of trust that we take very seriously. We will not sell, trade, give or rent any information obtained from you to a third party.
We collect the personal data that you volunteer when registering on our website, or through comment forms, or by email. This information will only be collected by lawful and fair means. Only information marked, as ‘required’ during registration is needed to use services on the Site. This information is used for identification purposes and to contact you if necessary.
Use and disclosure
We will not rent, sell or exchange information about you to third parties, except where we are legally obliged to disclose such information.
We will be honest and open with you about the type of personal information that is collected about you and the actual use of any such information. By giving out your personal information you have consented to the use of this information in future.
Though we make every effort to preserve user privacy, we may need to disclose personal information if required by law.
Information collected from those asking a question to one of our experts, remains confidential and is not shared with any third party. However if we receive contact that implies harm to one’s self or others, in extreme cases we may need to escalate the contact to a relevant health care provider or professional authority. In such cases we would notify you in the first instance.
FAIR GO POLICY
The purpose of our Fair Go Policy is to:
- ensure that all our clients can access our services; and
- do not use our services in a manner that we consider ‘unreasonable’ or ‘unacceptable’.
The Fair Go Policy applies to all our ‘unlimited’ or ‘on-demand’ coaching and mentoring services (the “Service”).
If you are a private or corporate client or an employee of a corporate client you may not use the Service in a manner which is ‘unreasonable’ or ‘unacceptable’.
We consider your use of the Service unreasonable if you use it in a manner which is other than it was intended for. Here are some examples of uses which we consider ‘unreasonable’. This is not intended to be an exhaustive list:
- if you are requesting back to back coaching, mentoring or consulting sessions
- if you are requesting more than 2 coaching, mentoring or consulting sessions per week (regardless if they are full, accountability or power coaching sessions or a combination thereof)
- requesting more than one EDISC, Meta Dynamics™ or Emotional Intelligence profile and results coaching session per individual per six month program
You may not use our Service in any manner which improperly interferes with another person’s use of our services. Here are some examples of uses which we consider ‘unacceptable’. This is not intended to be an exhaustive list:
- if you turn up late for your sessions
- if you do not provide adequate notice of cancellation of a session
Any breach of these rules will constitute a breach of the Fair Go Policy.
Breach of the Fair Go Policy
If you breach any part of this Fair Go Policy we will, generally speaking, contact you and, if appropriate, ask you to modify your use of the Service. If you do not modify your use of the Service we may place a limit on the remaining number of sessions and the duration of each session without notice to you.
The Refund Policy applies to all agreements entered into by the Company to provide services to you or your company or your employees. It applies to services authorised by you and paid for by you or your company and delivered to you, and for services authorised by you and paid for by you or your company but delivered to a nominated third party (for example to an employee of you or your company). The services include but are not limited to providing consulting. profiling, coaching, mentoring, and facilitating.
Refunds for all agreements
If you enter into an agreement with the Company, or enter into an agreement on behalf of your company with the Company, and you no longer wish the Company to provide the services due to changes in your circumstances, then you may enter into discussions with us about providing alternative services to the same value as the original agreement, or if the services have already commenced to the same value of the remaining portion of the agreement.
Acting reasonably, the value of alternative services that can be provided and the value of the remaining portion where applicable will be determined by the Company.
© 2016 Changing Change International (CCI) | Culture Incorporated™ is a Trade Mark. ABN 16408864768
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
“Personal data” is defined in Article 4(1) of the GDPR:
“(1) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
1.4 In this policy, “we”, “us” and “our” refer to CCI. For more information about us, see Section 13.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
- How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 We may process data about your use of our website and services (“usage data“). The usage data may include 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. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
3.3 We may process your account data (“account data“). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing 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 consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.4 We may process your information included in your personal profile on our website (“profile data“). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.
3.5 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include details of you and your guests’, company, position, mobile number, email and dietary preferences. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you and your guests. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.6 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.7 We may process information contained in any enquiry you submit to us regarding goods 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 consent.
3.8 We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers and servicing our customers. The legal basis for this processing is consent OR our legitimate interests, namely the proper management of our customer relationships.
3.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction 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 the proper administration of our website and business.
3.10 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 consent OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.11 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
3.12 We may process any of your personal data identified in 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.
3.13 We may process any of your personal data identified in 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.
3.14 In addition to the specific purposes for which we may process your personal data set out in this Section 3, 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.
3.15 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
- Providing your personal data to others
4.1 Financial transactions relating to our website and services are handled by our payment services provider, Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at www.stripe.com.
4.2 In addition to the specific disclosures of personal data set out in this Section 4, 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 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.
- International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2 We and our other group companies operate in Australia, and therefore have offices and facilities in Australia. The European Commission has made an “adequacy decision” with respect to the data protection laws of Australia. Transfers to Australia will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained by writing to email@example.com.
5.3 The hosting facilities for our website are situated in the USA. The European Commission has made an “adequacy decision” with respect to the data protection laws of this country. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain by writing to firstname.lastname@example.org.
5.5 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
- Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) All categories of data outlined in this document will be retained for a minimum period of 12 months following your cessation ofcontract, and for a maximum period of 7 years.
6.4 Notwithstanding the other provisions of this Section 6, 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.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of significant changes to this policy by email.
- Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting www.cultureincorporated.com.au when logged into our website.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
8.6 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 defense 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 defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 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 information 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 defense of legal claims.
8.8 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.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) 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.
8.11 If you consider that our processing of your personal information 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.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.
- About cookies
9.1 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.
9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
- Cookies that we use
- Cookies used by our service providers
- Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies(Internet Explorer);
(e) https://support.apple.com/kb/PH21411(Safari); and
12.2 Blocking all cookies will have a negative impact upon the usability of many websites.
12.3 If you block cookies, you will not be able to use all the features on our website.
- Our details
13.1 This website is owned and operated by Changing Change International (CCI).
13.2 We are registered in Australia under registration number 16408864768, and our registered office is at 151 Seaforth Crescent, Seaforth, NSW 2092.
13.3 Our principal place of business is at 151 Seaforth Crescent, Seaforth, NSW 2092.
13.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
- Data protection officer
14.1 Our data protection officer’s contact details are: Julie Alexander, CCI, email: email@example.com.