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Key Points

Click on a heading to jump to that section of the full terms of service.

Cancellation
  • To cancel your enrolment you must give written notice to support@breathe-education.com. You will be charged a cancellation fee based on where you are in your course.
Deferral
  • You can defer once only. To change or defer your course there is a USD $500 fee. Whilst you are deferred, your course payments will continue as per your original payment agreement
Refunds
  • We offer a 100% Satisfaction Guarantee; if you complete the program and are not satisfied we will refund you in full. Aside from the 100% Satisfaction Guarantee we do not offer refunds.
Tutorials
  • You must attend all tutorials and participate fully. If you miss tutorials, are unable to participate fully, or fail to meet assessment requirements, you may be deferred to a later course.

 

Full Terms and Conditions of Service

Last updated 31 March 2023

Breathe Education Pty Ltd ABN 30 154 699 019 (we, us and our), has developed and makes available the Accredited Training Courses and Non-Accredited Training Courses to students.

These Terms and Conditions of Service (Terms), as may be amended by us from time to time, apply to our supply of the Services and to each student’s enrolment in an Accredited Training Course or Non-Accredited Training Course wherever You, our Student lives. If you are a Student and you are a resident of:

A. the European Union, supplementary terms at ANNEXURE A

relating to the GDPR apply;

B. the United States, supplementary terms at ANNEXURE B apply (including some terms which only apply to California residents);

Please read these additional terms carefully as they supplement these Terms and from part of our agreement with you.

As a pre-requisite to every student’s enrolment, they are required to first review and agree to these Terms. If you are under 18, these Terms must be agreed to by your parent or legal guardian before you commence your Course or receive any of the Services.

 

1. Interpretation

Unless otherwise defined, the following definitions apply in these Terms:

Account means a unique account created for You to access our Course and Service or parts of our Course or Service.

Accredited Training Course means an Australian Skills Quality Authority (ASQA) accredited education program.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Cancellation Fee is a percentage of your Course Fee and calculated according to the formula set out at clause 2.3.

Change Fee is the fee we charge for deferring or making specific changes to your Course and is defined at clause 4.1

Company means Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Breathe Education Pty Ltd ABN 30 154 699 019

Course means either the Accredited Training Course or Non-Accredited Training Course you are enrolled in with us, or as specified in your enrolment correspondence with us.

Course Fee means the fee payable for your enrolment in a

Course, as specified on the Website or otherwise

communicated to you.

Consequential Loss includes, but is not limited to, indirect losses such as loss of goodwill or reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity.

Course Material means any material provided to you by us in connection with your course, including any material made available on the e-learning platform.

Credit Provider means any third party service provider of financial credit to Students, used by the Company.

e-Learning Platform means the online learning platform made available to you by us in connection with your enrolment in a Course.

Fee means any fee payable by you to us (or to a Credit Provider, as the case may be), including the Course Fee and any other fees specified by us at the time of your enrolment or published on our Website, or which are otherwise incurred by you in accordance with these Terms.

Intellectual Property includes all rights in present and future copyright, designs, trademarks, confidential information, inventions, patents, know-how, trade secrets, business names and domain names.

Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.

Non-Accredited Training Course means a training program that is not ASQA accredited and related to education in evidence-based rehabilitation and exercise methods.

Original Content means any content provided as part of the Service, excluding content provided by You, by other users, or third-party content that we license or that is made publicly available.

Periodic Payments means payments made by you to us or to a Credit Provider (as the case may be) according to an agreed payment schedule.

Policies means any of our policies, procedures, handbooks or manuals which are published on the Website or otherwise made available to you, including via the e-Learning Platform, as may be introduced or updated by us from time to time,

Privacy Policy means our privacy policy published on the Website or otherwise made available to you, as may be updated by us from time to time.

Promotions refer to contests, sweepstakes or other promotions that may be offered through the Service or communicated to you by any other means including but not limited to social media and email.

Services means the services provided to you by us in connection with your enrolment in a Course, including access to the e-Learning Platform, Website, subdomains, the delivery of the Course Materials and Course.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions, including our Code of Conduct and applicable Privacy Policies and for US customers,  the Supplementary Terms,  which form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website means our websites located at https://breathe.edu.au/ and https://breathe-education.com including any subdomains of those addresses.

You or your means the person who is enrolled in the Course and who we will provide the Services to, as named on the enrolment form and in our correspondence with you.

 

2. Acknowledgement

These Terms govern the use of our Services and Courses and Course Materials and constitute the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Services and Our Courses and Course Materials.

Your access to and use of the Service and Our Course and Course Materials is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and Our Course and Course Materials. By placing an Order for a Course through the Service or with Our sales team, You warrant that You are legally capable of entering into binding contracts. By accessing or using the Service and Courses and Course Materials, You agree to be bound by these Terms and with Our policies, which are published on Our Website and updated from time to time. If You disagree with any part of these Terms or with our Policies then You may not access the Service or use Our Course or Course Materials.

You may be asked to supply certain information relevant to Your enrolment including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any enrolment; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your enrolment.

Your access to and use of the Service and Courses and Course Materials is also conditioned on Your acceptance of and compliance with Our Assumption of Risk, Waiver of Liability and Indemnification Agreement (Our Release Agreement), Privacy Policy, and Code of Conduct (incorporated into these Terms), together with any Supplementary Terms (as applicable). Our Release Agreement formalizes your assumption of risk for Pilates exercise throughout our Course, Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service or Our Products and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services or enrolling into our Courses. Our Code of Conduct describes our expectations of You in accessing our Service and using our Products, including participation in our Courses.

 

3. Term and Termination

3.1 Your enrolment in a Course begins when you submit your enrolment request and it is confirmed by us in the form of a confirmation email providing you with login credentials to the e-Learning Platform. The confirmation will be sent to your nominated email address provided in your enrolment request. If you are under the age of 18, you must also provide us with the email address of your parent or guardian in order for them to accept these Terms, and your enrolment in your Course will not commence until they have accepted these Terms.

3.2 Your enrolment will continue (subject to earlier termination in accordance with these Terms) until completion of the Course, unless you choose to cancel your course or your enrolment is terminated by us further to the terms of this agreement.

3.3 You may cancel your enrolment in your Course at any time by providing us with notice in writing to support@breathe-education.com. Without limiting your rights at  law and unless otherwise set out in these Terms, if you cancel your enrolment in your Course, or if we terminate your enrolment in your Course in accordance with clause 3.5, one of the following cancellation fees will apply:

a) if your written notice of cancellation is received by us, or we provide you with notice of termination, more than 30 days prior to your original Course intake date (as listed on the Website or notified to you at the time of enrolment) you will be required to pay 10% of the Course Fee; and

b) if your written notice of cancellation is received by us, or we provide you with notice of termination, 1-29 days prior to your original Course intake date you will be required to pay 25% of the Course Fee;

3.4  On and from the date your Course commences, you may cancel your Course but you will be responsible for paying  100% of the Course Fee.

3.5 We may terminate or suspend your enrolment in your Course at any time by providing you with notice in writing if you breach any material Term of this agreement or a material term of any of our Policies and do not remedy the breach within 14 days, or immediately if the breach is not capable of being remedied.

3.6 If we terminate or suspend your enrolment in accordance with clause 3.5, we reserve the right to demand immediate payment for all Fees due under these Terms, the payment of which would otherwise not have been then due and payable, and may refer enforcement of such payment to our lawyers, or refer the debt to debt collectors or credit reporting agencies.

 

4. Course Delivery, Refunds & 100% Satisfaction Guarantee

4.1 Deemed Delivery of Course Materials: All Course Materials are delivered to you when you are provided login credentials to the e-learning portal, which occurs immediately upon confirmation of your enrolment.  Your Course Materials in their entirety are deemed delivered to you at the time you are first provided access to the Course Materials, by way of login credentials that permit you to access the e-learning portal when you so choose. The Course Materials are deemed delivered in their entirety upon the issuance of your e-learning login credentials, whether or not you use those credentials to access the e-learning portal and whether or not you choose to engage with the Course Materials in whole or in part, or when you choose to do so. Without limiting your rights at law, we do not offer any refund except for the refund provided at clause 4.7 (100% Satisfaction Refund) which is only available to Students who have successfully completed their entire course and STUDENTS ENROLLED IN COURSES THAT ARE ABANDONED OR INCOMPLETE FOR ANY REASON WHATSOEVER ARE NOT ENTITLED TO A REFUND OF ANY KIND. You Warrant that prior to your enrolment in one of our Courses that this important feature of our Course offering has been explained to you and you understand the financial implications of your decision to enrol in a course with us and limited opportunity to obtain a refund.

4.2 Virtual Course Delivery: The Course and the Services are delivered to you in a 100% virtual, online environment and in one or a combination of the following components:

a) interactive online sessions with practical assessments, which may be made available after the fact as recorded video assets;

b) course lectures – delivered live virtually or available as a recorded lecture; and

c) static online learning with written assessments.

4.3 Resource Requirements: As the Course is delivered wholly online, prior to completing this agreement you confirm that you have (and will continue to do so for the duration of your Course) a reliable internet connection and sufficient technological and other resources to access the Course Materials. You must also ensure you have adequate space and the necessary equipment to the conduct practical components of your Course, as set out in the Course handbook or otherwise communicated to you by us, to enable you to complete the Course.

4.4 We may vary the method of delivery of the Course or the Services (in whole or in part), by providing you with commercially reasonable notice in writing.

4.5 The Course and the Services are delivered in compliance with, and you agree to comply with, our Policies in force and updated from time to time and made available to you through publication on the Website.

4.6 We may reschedule sessions, lectures and tutorial times by providing you with a minimum of 24 hours’ advance notice, including in circumstances where the number of students registered to attend the relevant session, lecture or tutorial does not meet our minimum attendance requirements.

4.7 100% Satisfaction Guarantee Refund: We will use all reasonable endeavours to deliver your Course to a high standard, however, if you are not 100% satisfied with your experience on the Course, you are entitled to a full refund of your Course Fees in the following circumstances:

If your Course is a Certificate in Pilates, you may obtain a full refund provided that you meet the following requirements:

a) you must have successfully completed your Course, including all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements for your Course. Successful completion means that you have been identified as competent and eligible to graduate. Details of these components are published at https://breathe.edu.au/requirements-to-graduate/;

b) if you elect to receive a full refund under this clause 4.7, you will NOT be issued with any qualification that may have been obtained through completion of the Course;

c) you must submit your request for a refund under this clause 4.7 to us in writing to support@breathe.edu.au within 5 business days of completing your Course. Subject to your rights at law, if you do not notify us within 5 business days of completing your Course, or if you otherwise notify us in writing that you are electing to graduate and receive your qualification, you will not be entitled to a refund under this clause 4.7; and

d) Students that have pre-existing Pilates or personal training qualifications are ineligible to claim a refund under this clause 4.7.

If your Course is a Diploma, you may obtain a full refund provided that you meet the following requirements:

a) you must have successfully completed all modules of your course, including all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements for each module.

b) if you elect to receive a full refund under this clause 4.7, you will NOT be issued with any qualification that may have been obtained through completion of the Course; and

c) you must submit your request for a refund under this clause 4.7 to us in writing to support@breathe.edu.au within 5 business days of completing your Course. Subject to your rights at law, if you do not notify us within 5 business days of completing your Course, or if you otherwise notify us in writing that you are electing to graduate and receive your qualification, you will not be entitled to a refund under this clause 4.7.

 

5. Course Changes and Missed Tutorials

5.1 If you need to defer or change your Course you must:

a) notify us in writing by emailing support@breathe-education.com;

b) include in your notice details of the date you will be deferring your Course until (no indeterminate deferrals will be accepted) and only 1 deferral is allowed per enrolment.

c) pay the Fee of $500 to us (Change Fee). Your deferral or change request will not be actioned by us, and you will continue to be charged the Course Fees in accordance with any agreed payment plan, until we have received the Change Fee.

5.2 If you have not met the assessment requirements for your Course, or you have missed 2 or more weeks of tutorials, you must defer your Course and will be liable to pay us the Change Fee in consideration for us administering the variation to your Course.

5.3 Whilst you are able to defer or change your Course and change sessions, lectures and tutorial times (provided you adhere to our Assessment and Tutorial Requirements available at https://breathe.edu.au/assessment-policies/) you are required to complete your Course:

a) If you are enrolled in your Course on or before 1 January 2023, within 12 months from the original Course intake date, as notified to you by us; and

b) if you are enrolled in a Certificate of Pilates Course from 1 January 2023, Certificate – Jan 2023, you must complete your online coursework within 6 months and practice teaching within 12 months;

c) if you are enrolled in a Diploma Course from 1 January 2023, Certificate – Jan 2023, you must complete all coursework within 24 months from your enrolment date.

 

6. Academic and Financial Credit

6.1 If you transfer out of, or cancel your enrolment in one Course and enrol in another Course provided by us within 12 months of transferring from, or cancelling your enrolment in, the first Course, you may receive academic credit towards

that Course in accordance with clauses 6.2 and 6.3.

6.2 If you cancel your enrolment and terminate the provision of our Services and our delivery of the Course, if applicable to your Course you may receive a Statement of Attainment for any units of study that you have completed. Incomplete units are not eligible for academic credit.

6.3 If you have successfully completed a unit of study in an Accredited Training Course, you will receive academic credit for that unit of study for so long as we retain our ASQA accreditation for that particular Course. From time-to-time (approximately every 5 years) we re-accredit our Accredited Training Courses with ASQA. If you enrol in a later Course that commences after re-accreditation, you will not receive academic credit if the unit of study you completed in the earlier Course is not part of the re-accredited Course. If the unit of study completed in the earlier Course is part of the re-accredited Course, you will receive academic credit for that unit. In all instances we endeavour to recognise prior learning where sufficient evidence is provided, however we reserve the right to determine whether a particular training program qualifies for academic credit and whether a student’s prior learning is recognised.

 

7. Fees

7.1 We will provide you with enrolment in the Course and the Services for the Fees and on the payment terms agreed with us, and where relevant, a Credit Provider. Unless otherwise marked, all Fees are stated exclusive of GST and quoted in Australian dollars. We reserve the right to revise our Course Fees (and any other Fees) at any time prior to accepting your enrolment application.

7.2 You are required to supply your payment credentials to us when submitting your enrolment request and agree that we may use these credentials to deduct any Fees due in accordance with these Terms.

7.3 If you do not pay any Fees by the date they are due and payable, we reserve the right to:

a) suspend your enrolment in the Course and the provision of the Services, including access to the e-Learning Platform;

b) charge interest on the overdue amount at a rate of up to 1% per month in excess of the Reserve Bank of Australia cash rate, calculated from the due date for payment of the relevant Fees to the actual date of payment; and

c) recover from you our debt recovery fees, including but not limited to, solicitors fees (on a full indemnity basis), court costs and collection agency fees.

7.4 For Non-Accredited Training Courses we may charge the Course Fee either up front at the time or enrolment or according to an agreed payment schedule (a Periodic Payment).

7.5 For Accredited Training Courses we will either charge you Periodic Payments of the Course Fee, which are deducted by us (using the payment credentials you have supplied to us upon enrolment) in accordance with our compliance obligations as an ASQA accredited Registered Training Organisation, or we will refer you to our Credit Provider, who you can apply to for the provision of credit services. Any credit arrangement you obtain with our Credit Provider is obtained by separate agreement between you and the Credit Provider.

7.6 It is your responsibility to ensure that your payment credentials are kept up to date, and that sufficient funds are available for us to deduct any Fees due in accordance with these Terms. If payment of any Fees fails for any reason, you may be liable for additional costs incurred by us such as failed payment administration charges.

7.7 By agreeing to these Terms, you acknowledge and agree that Periodic Payment arrangements for Course Fees may be provided by a third party Company, the Credit Provider. Should you wish to make payment of your Course Fee by Periodic Payments, you do so on the basis of entering into a separate agreement with the Credit Provider. The Company will Send you a link to the Credit Provider’s application for a credit facility (Credit Application). Once the Credit Application has been successfully completed, and the credit facility granted to the Student, the Company will confirm the Student’s enrolment in writing. Your enrolment is dependent on acceptance of and compliance with the Credit Provider’s terms and conditions of service, which are available from the Credit Provider’s website and are available upon request. You must comply with the terms and conditions and are wholly responsible for doing so. In the event that you default on your payment arrangement with the Credit Provider, the Company is entitled to terminate your enrolment.

7.8 Subject to our 100% satisfaction guarantee provided under clause 4.7, our cancellation policy and without limiting your rights at law, WE DO NOT OFFER REFUNDS forPAST PAYMENTS THAT YOU HAVE MADE and FUTURE PAYMENTS YOU REMAIN LIABLE TO PAY together with ANY OTHER FEES DUE IN ACCORDANCE WITH THESE TERMS. YOU REMAIN LIABLE TO PAY TO US THE FULL COURSE FEE UNLESS AND UNTIL YOU HAVE CANCELLED YOUR COURSE FURTHER TO THESE TERMS AND PAID THE RELEVANT CANCELLATION FEE WHICH IS CALCULATED  DEPENDING ON THE TIME, RELATIVE TO YOUR COURSE COMMENCING, THAT YOU NOTIFY US OF YOUR INTENT TO CANCEL.

7.9 If you chose to cancel your course, we are entitled to continue to charge you the Fee for your Course and to deduct Periodic Payments from the payment credentials you have provided to us until you have paid any applicable Change Fee and/or Cancellation Fee. In the event that the payment credentials you have supplied to us do not work or have been cancelled we are entitled to refer the unpaid Periodic Payment and fees we incur in relation to charging you the Periodic Payment as a debt, and to refer this debt to collectors or credit reporting agencies, the costs of which you shall be responsible for.

7.10

We reserve the right to refuse or cancel Your enrolment in a Course at any time for any reason, including but not limited to:

  • Course availability;
  • Errors in the description or prices for Courses; or
  • Errors in Your enrolment,

in which case your refund rights under this agreement and under Australian consumer law apply.

We reserve the right to refuse or cancel Your enrolment if fraud or an unauthorized or illegal transaction is suspected.

 

8. Warranties, Guarantees & Liability

8.1 Except as expressly provided in these Terms, all conditions, guarantees and warranties, whether express or implied, in respect of the Services or the Course are excluded to the fullest extent permitted by law. Our liability in respect of any Loss arising in connection with a failure in our provision of the Services or a breach of these Terms excludes Consequential Loss and is limited, at our option, to either a re-supply of the Services, a refund for the Services, or reimbursement for the cost of a third party re-supplying the Services.

8.2 Without limiting any other provision of these Terms and excluding Loss which arises as a direct result of our negligence, we, our related entities, officers, employees, contractors and consultants are not liable for any Loss or injury you may suffer as a result of your participation in the Course or receipt of the Services.

8.3 “AS IS” and “AS AVAILABLE” Disclaimer: The Service are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e- mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8.4 You agree to indemnify us and to keep us indemnified for any against any Loss we may suffer or incur in connection with your breach of these Terms, or which otherwise may arise in connection with your receipt of the Services.

8.5: Limitation of Liability: Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or AUD1 if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

 

9. Intellectual Property

9.1 Any Course Material made available to you is our Intellectual Property or that of our licensors and is for your personal use only. You are not permitted to distribute, copy, publish or otherwise make the Course Material available to any other person or to use it for any other purpose than for the completion of your Course.

9.2 We may create or enable you to create (and subsequently publish) content including but not limited to videos, images and other audio-visual resources that uses or bears your image, name or other likeness (User Content). You hereby grant Breathe Education Pty Ltd permission to use User Content and you grant Breathe Education a perpetual, irrevocable, worldwide licence comprising the right to sublicense, to modify, publish, display, communicate and create derivative works of your User Content and the right to incorporate the User Content into the Course Materials or to use it in any online or offline marketing to promote Breathe Education Pty Ltd. Your permission and the license granted is irrevocable. You cannot revoke your permission once provided, although you are welcome to request that your User Content no longer be used for any further purposes, which will be accommodated as far as practical. You agree that the licence to use your User Content is royalty free, meaning Breathe Education does not owe you money in exchange for the license you have granted us. You warrant to Breathe Education that you either own, or have the necessary rights to any User Content you create and give permission for Breathe Education to use under this clause, that you are otherwise authorised to provide such User Content to us in accordance with these Terms; that the User Content you have generated will not contain any material that is illegal, offensive, indecent or objectionable and that the use of your User Content will not infringe the intellectual property rights, or privacy rights, of any other person.

You indemnify Breathe Education against all losses arising in relation to Breathe Education’s use of the User Content and the aforementioned warranty. You waive any and all moral and copyrights in relation to the User Content.

By doing so you shall not acquire an interest to any Intellectual Property owned by us or our licensors, and any modifications or improvements to such material will remain our sole and exclusive property, or that of our licensors.

9.3 You acknowledge and agree that:

a) we are not liable for any User Content, generated by you, or by any other student or third party; and

b) we may suspend access to, remove or edit User Content via the e-Learning Platform or otherwise that we consider, at our sole discretion, is illegal, offensive, indecent or objectionable.

9.4 You acknowledge and agree that we are not responsible for, and will not be liable for, any interactions between students online, either on the e-Learning Platform or otherwise, and make no representation or warranty as to the accurateness or completeness of any information provided to you by any other student.

9.5 You must keep secret and secure any login credentials to the e-Learning Platform or any other secure online service made available to you by us. If you have reason to suspect that any other person is using your login credentials, you must notify us immediately in writing.

 

10. General

10.1 These Terms are the entire agreement between the parties in relation to their subject matter and supersede any previous agreements in relation to that subject matter. We may vary these Terms by publishing updated Terms on our website. If a revision is material We will make reasonable efforts to provide reasonable notice prior to any terms and conditions that might affect your rights taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

10.2 A failure by us to exercise or delay in exercising any right, power or remedy under these Terms will not operate as a waiver under we make such waiver in writing.

10.3 If any part of these Terms is prohibited or unenforceable in any jurisdiction, the remainder of these Terms are not invalidated and remain in full force and effect.

10.4 These Terms are governed by the law of Victoria, Australia and each party submits to the jurisdiction of its courts.

10.5 Students undertake to provide all relevant personal health and fitness information prior to commencing and during their Course. Students also agree that they will NOT commence practical components of their training before completing the Pre-Exercise Questionnaire, made available to each Student on the e-learning Platform. Students may require medical guidance before exercising. Students acknowledge and agree that pre-exercise or other screening is no substitute for medical advice and does not guarantee against physical injury.

10.6 User Accounts: When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

10.7: Promotions: Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as the applicable Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

10.8: Links to Other Websites: Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

10.9 Disputes Resolution: If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

Code of Conduct

1. Introduction

The Company provides Accredited Training and Non-Accredited Training in evidence-based rehabilitation and exercise methods (Services). Accredited Training programs are ASQA accredited courses delivered by way of the Company’s static e-learning platform and interactive online components. Non-Accredited training programs may be delivered via interactive online components, online by way of the Company’s e-learning platform or a combination of both. Supply of and access to the Services is subject to this Code of Conduct, which applies to both our on and offline learning, and sets out standards of behaviour we expect from students and maintain in our learning environments. We publish our Code of Conduct on our website at www.breathe.edu.au. We may update this Code from time to time.

By enrolling in one of our training programs you agree to be bound by our Code of Conduct. The overarching goal is to be inclusive to the largest number of participants, with the most varied and diverse backgrounds possible. As such, we are committed to providing a friendly, safe and welcoming education environment for all, regardless of gender, sexual orientation, ability, ethnicity, socioeconomic status, and religion (or lack thereof).

This Code of Conduct outlines our expectations for students and all those who participate in our education community, as well as the consequences for unacceptable behaviour.

 

2. Expected Behaviour

The following behaviours are expected and requested of all our education community members:

  • Participate in an authentic and active way. In doing so, you contribute to the health and longevity of this community.
  • Exercise consideration and respect in your speech and actions.
  • Attempt collaboration before conflict.
  • Refrain from demeaning, discriminatory, or harassing behaviour and speech.
  • Be mindful of your surroundings and of your fellow participants. Alert community leaders if you notice a dangerous situation, someone in distress, or violations of this Code of Conduct, even if they seem inconsequential.
  • Remember that community event venues you may be provided access to may be shared with members of the public; please be respectful to all patrons of these locations.

 

3. Unacceptable Behaviour

The following behaviours are considered harassment and are unacceptable within our education community:

  • Violence, threats of violence or violent language directed against another person.
  • Sexist, racist, homophobic, transphobic, ableist or otherwise discriminatory jokes and language.
  • Posting or displaying sexually explicit or violent material.
  • Posting or threatening to post other people’s personally identifying information (“doxing”).
  • Personal insults, particularly those related to gender, sexual orientation, race, religion, or disability.
  • Inappropriate photography or recording.
  • Unwelcome sexual attention. This includes, sexualized comments or jokes; inappropriate touching, groping, and unwelcomed sexual advances.
  • Deliberate intimidation, stalking or following (online or in person).
  • Advocating for, or encouraging, any of the above behaviour.
  • Sustained disruption of community events, including talks and presentations.

 

4. Consequences of Unacceptable Behaviour

Unacceptable behaviour from any education community member will not be tolerated. Anyone asked to stop unacceptable behaviour is expected to comply immediately. If a community member engages in unacceptable behaviour, we may take any action deemed appropriate, up to and including a temporary ban or permanent expulsion from the community and cease in the provision of any or all of our Services without warning and without refund, in accordance with our terms and conditions of service.

 

5. Reporting unacceptable behaviour

If you are subject to or witness unacceptable behaviour, or have any other concerns, please notify us as soon as possible at support@breathe-education.com.

 

6. Privacy & Security

During or immediately prior to your becoming a client, you may obtain certain personal information about other students (for example, contact information of other students in the Company’s slack channel). You undertake to preserve the privacy of other students and shall not disclose their personal information to others.

 

7. Licence and attribution

This Code of Conduct is based on the Citizen Code of Conduct and is distributed under a Creative Commons Attribution-Share Alike licence.


 

Privacy Policy

Effective: 14 March 2023

Last Updated: 14 March 2023

 

Introduction

In this Privacy Policy, “Breathe”, “us”, “we” or “our” means Breathe Education Pty Ltd (ABN 30 154 699 019). We are committed to operating with the highest level of integrity and respecting your privacy. This Privacy Policy, as may be amended by us from time to time, sets out the details relating to your data relationship with Breathe and how we collect, use, store and disclose your Personal Information. Your access to and use of the Services and the Website are conditioned on Your acceptance of and compliance with this Privacy Policy.

By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you understand our current Privacy Policy.

If you are a resident of:

  1. the European Union, supplementary terms at ANNEXURE A
    relating to the GDPR apply;
  2. the United States, supplementary terms at ANNEXURE B apply (including some terms which only apply to California residents).

Please read these additional terms carefully as they supplement these Terms and form part of our agreement with you.

 

Interpretation

Account means a unique account created for You to access our Service or parts of our Service.

Company means Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Breathe Education Pty Ltd (ABN 30 154 699 019).

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Personal Information or Personal Data includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.

 

What Personal Information do we collect?

We may collect the following types of Personal Information:

  • Personal details: name; gender, date of birth, nationality;
  • Contact details: email address; address, mobile number, social media account
  • Order details: product, Services, activity details of purchases, preferences, interactions;
  • Payment details: payment and transaction information, including your bank and credit card details;
  • Technical information: your Device ID, Device type, geo-location, computer and connection information, statistics on page views, traffic to and from our websites, ad data, IP addresses and web log information;
  • Customer support: details of the Services we have provided to you or that you have enquired about, including any additional information necessary to deliver those Services and respond to your enquiries; and
  • Feedback information: information you provide to us through surveys.

 

How do we collect Personal Information? 

We may collect Personal Information about you when You:

  • Register on our website;
  • Make a purchase or place an order using our websites;
  • Communicate with us through correspondence, chats, email, or when you share information with us from other social applications, Services or websites;
  • Make enquiries, report suspicious market activity or submit comments, bug reports, ideas, or other feedback about the Breathe website and our Services;
  • Interact with our Websites, Services, content and advertising; or join a mailing list;
  • Participate in a competition, promotion or survey;
  • Post a review, rating, comment, or other user-generated content on one of our websites or applications;
  • Invest in our business or enquire as to a potential purchase in our business.

We may also collect Personal Information when we receive your Personal Information from third parties who legally provide it to us (including further to recruitment activities).

 

Why do we collect, use and disclose Personal Information?

We may use your Personal Information to:

  • Enable you to access and use our Services;
  • Operate, protect, improve and optimise our website and Services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
  • Send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • Send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
  • Administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
  • Comply with our legal obligations, resolve any disputes that we may have with any of our users, enforce our Terms and Conditions and other agreements, or to protect the rights, property or safety of Illuvium, our users or others;
  • Consider your employment application; and
  • for any other purpose with your consent.

We may also disclose your Personal Information to a trusted third party who holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and Services you receive.

 

Disclosure of Personal Information

We may disclose Personal Information for the purposes described in this Privacy Policy to:

  • Our employees and related bodies corporate;
  • Third party suppliers and Third Party Service Providers (including providers for the operation of our websites and/or our business or in connection with providing our Services to you);
  • Professional advisers, dealers and agents;
  • Payment systems operators (eg merchants receiving card payments);
  • Our existing or potential agents, business partners or partners;
  • Our sponsors or promoters of any competition that we conduct via our Services;
  • Anyone to whom our assets or businesses (or any part of them) are transferred;
  • Specific third parties authorised by you to receive information held by us; and/or
  • Other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

 

International Transfer of Personal Information

We may disclose Personal Information outside of Australia to third party suppliers and cloud providers located outside the EU/EEA in countries such as Australia or the USA. We put in place suitable technical, organisational and contractual safeguards to ensure that any transfer is carried out in compliance with applicable data protection rules, except where the country to which the data is transferred has already been determined by the European Commission to provide an adequate level of protection.

 

Security

We design our systems with your security and privacy in mind. We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference, and loss, as well as unauthorised access, modification, or disclosure. We also use a combination of physical, administrative, personnel and technical measures (such as encryption protocols and software) to protect your Personal Information.

 

Direct Marketing

We and/or our carefully selected business partners may send you direct marketing communications and information about our Services. This may take the form of emails, SMS, mail, or other forms of communication. You may opt-out of receiving marketing materials by contacting us using the details below or the opt-out facilities provided (e.g., an unsubscribe link).

 

Your Rights

Subject to applicable law, you are entitled to the following rights:

  •   Right to access: you have the right to obtain confirmation that your Personal Information is processed and obtain a copy of it as well as specific information related to its processing;
  •   Right to rectify: you can request the rectification of Personal Information that is inaccurate or add to it;
  •   Right to delete: you can, in some cases, have your Personal Information deleted;
  •   Right to object: you can object, for reasons relating to your circumstances, to the processing of your Personal Information;
  •   Right to limit the processing: in certain circumstances, you have the right to limit the processing of your Personal Information;
  •   Right to portability: you can request to receive your Personal Information in a structured, commonly used, and machine-readable format, or, when this is possible, that we communicate your Personal Information on your behalf directly to another data controller;
  •   Right to withdraw your consent: for processing requiring your consent, you have the right to withdraw your consent at any time; however, exercising this right does not affect the lawfulness of any processing based on your prior consent;
  •   Right to set instructions relating to the use of your Personal Data post mortem: you have the right to define instructions relating to the retention, deletion, and communication of your Personal Information after your death;
  •   Right to complain to the relevant data protection authority.

If you have any questions or objections about how we collect and process your Personal Information, or if you would like to exercise any of the above rights, please contact us using the information below.

 

Data Retention

We may hold your Personal Information for as long as it is reasonably necessary to enable you to access and use our Services. We may retain your Personal Data wholly or partly for a longer or shorter period under applicable laws or any other lawful reason. Our data retention periods may be altered from time to time based on regulatory or other changes.

 

Cookies

We may use cookies and similar tools to enhance your user experience, provide our Services and understand how customers use our Services so we can make improvements. Cookies are small amounts of information that are stored on your devices. Cookies enable us to recognise you across different websites, services, devices and browsing sessions. You can disable cookie installation via your browser. You can use the cookie banner [Illuvium3] to accept, configure or refuse cookies. By using our Services you agree to our use of non-essential cookies. You can elect to opt out of non-essential cookies through the opt out function in our cookie banner however your access of the Services may be limited by this selection.

 

Use of third-party software

Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. By using a Third-party services to access our Services you agree that you are governed by the terms and privacy policy of any other Third-party services. You acknowledge and agree that the Company 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 third-party content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

Security

We may hold your Personal Information in either electronic or hard copy form. While We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information, We cannot guarantee its absolute security. You are responsible for safeguarding the password that You use to access the Services and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your Account.

 

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

 

Making a complaint

If you have concerns about how we have handled your Personal Information, you can contact us using the details below. Please include your name, email address and clearly describe your complaint. We will acknowledge your complaint and respond to you within a reasonable period. If you think we have failed to resolve the complaint satisfactorily we will provide you with information about further steps you can take. You also have the right to contact your local data protection authority.

 

Contact Us, Data Controller

For questions or requests please contact us at privacy@breathe-education.com.

Annexure A

Supplementary terms – GDPR

In addition to the terms referred to in this document (see “Interpretation” section), the following terms apply specifically to European Union residents per the GDPR. We use the terms Personal Information and Personal Data interchangeably within our Privacy Policy, noting that the relevant term shall apply based on the operation of relevant privacy and data laws to you.

Data Controller for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Data Processor for the purposes of the GDPR means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.

Personal Data for the purposes of the GDPR means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

We are the Data Controller for Personal Data collected in connection with providing our Services. We generally collect your Personal Data directly from where you are based and may store it on servers outside the EU or the European Economic Area (EEA) in countries such as Australia or the USA, where data protection standards may be lower than in the EU/EEA.

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights under the GDPR.

If You are within the EU you have the right under the GDPR to:

  • Access, correct, update or delete the information We have on You:  If you are unable to perform these actions yourself, please contact Us to assist You.
  • Object to processing of Your Personal Data: This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation that makes You want to object to our processing of Your Personal Data. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
  • Request the transfer of Your Personal Data:  We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
  • Withdraw Your consent:  You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

 

Exercising Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us by using the information below. Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information. If you think that any Personal Data we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

Annexure B

Supplementary terms – California

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California, unless otherwise stated that it applies to United States residents generally.

  •   Personal Information for the purpose of the California Consumer Privacy Act (CCPA) means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You. Under CCPA, personal information does not include: Publicly available information from government records, deidentified or aggregated consumer information Information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
  •   Business for the purpose of the CCPA refers to the Company as the legal entity that collects Consumers’ Personal Information and determines the purposes and means of the processing of Consumers’ Personal Information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ Personal Information, that does business in the State of California.
  •   Consumer for the purpose of the CCPA means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in California for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the California who is outside California for a temporary or transitory purpose.
  •   Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites. Provisions regarding Do Not Track references herein apply to all residents of the United States.
  •   Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.

 

Collection of Personal Information

Over the past 12 months, We have collected the personal information from You as provided in the “What Personal Information do we collect?” section above. This does not mean that all examples listed above were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from those examples may have been collected. For example, certain Personal Information would only be collected if You provided such personal information directly to Us.

 

Sources of Personal Information

We obtain the Personal information listed above from the following categories of sources:

  • directly from You, for example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service;
  • indirectly from You, for example, from observing Your activity on our Service;
  • automatically from You, for example, through cookies We or our Third Party Service Providers set on Your Device as You navigate through our Service; and
  • from Third-Party Service Providers, for example, we may use Third-Party services monitor and analyse the use of our Service, to handle payment processing, or to otherwise provide the Services to You.

 

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA) as described herein this Privacy Policy and as described to You when collecting Your personal information or as otherwise set forth in the CCPA.

 

Share of Personal Information

We may share Your Personal Information to the entities We have described herein this Privacy Policy, including but not limited to the entities listed above in the “To whom do we disclose your Personal Information?” section of this Privacy Policy.

 

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

  • Category A: Identifiers;
  • Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
  • Category C: Protected classification characteristics under California or federal law;
  • Category D: Commercial information; and
  • Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

There is no Sale by us of the Personal Information that we may collect from you.

 

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

The right to notice:

You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.

The right to request:

Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:

  • the categories of personal information We collected about You;
  • the categories of sources for the personal information We collected about You;
  • our business or commercial purpose for collecting or selling that personal information;
  • the categories of third parties with whom We share that personal information;
  • the specific pieces of personal information We collected about You;
  • the categories of Personal Information we disclosed.

The right to delete Personal Data:

You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:

  • complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You;
  • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • debug products to identify and repair errors that impair existing intended functionality.
  • exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent;
  • enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us;
  • comply with a legal obligation; and
  • make other internal and lawful uses of that information that are compatible with the context in which You provided it.

The right not to be discriminated against:

You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:

  • denying goods or Services to You;
  • charging different prices or rates for goods or Services, including the use of discounts or other benefits or imposing penalties;
  • providing a different level or quality of goods or Services to You; and
  • suggesting that You will receive a different price or rate for goods or Services or a different level or quality of goods or Services.

 

Exercising Your CCPA Data Protection Rights

California residents may make a request pursuant to your rights under the CCPA by contacting us at privacy@breathe-education.com.

Only You, or a person registered with the California Secretary of State that You authorise to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

  • provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorised representative; and
  • describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it,

We cannot respond to Your request or provide You with the required information if We cannot verify Your identity or authority to make the request and confirm that the personal information relates to You. We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice. Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt. For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

 

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

 

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

 

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes. If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

 

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account. Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

 

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us using privacy@breathe-education.com

Annexure B: Supplementary terms for students in the United States

Breathe Education Pty Ltd has developed and makes available Pilates instructor training Courses to Students. These Supplementary Terms, as may be amended by Us from time to time, apply to our supply of Our Products and Services to student’s enrolled in a training Course and who are located in and citizens of the United States of America.

Unless specified to the contrary, the Terms of Service (Terms) take precedence over these Supplementary Terms. Defined terms in the Terms are adopted and apply to the Supplementary Terms, together with the following terms:

Minors: We do not offer our Services to Minors (an individual who has obtained the age of majority in their domicile state) and by accessing and using our Services you affirm you are not a Minor.

For European Union (EU) Users: If You are a European Union consumer, You are required to complete your transaction with Breathe Education Pty Ltd and your terms of service are available here. You will benefit from any mandatory provisions of the law of the country in which You are resident in.

United States Federal Government End Use Provisions: If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

 United States Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Electronic Communications: When you visit the Website or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.