Privacy Policy

 

This privacy policy (Privacy Policy) sets out how BE XCEPTIONAL CONSULTING PTY LTD (“BExceptional”, “The Supplier”, “Us”, “We”) collects, stores, uses, protects and shares your personal information. It applies to our website and all related websites, applications, services, and tools (Service).

By using the Service you agree to the collection, storage, usage and disclosure of your personal information by us in the manner described in this Privacy Policy.

Unless we obtain your written consent, we will not sell, disclose, license or rent your personal information to a third party for that third party’s marketing purposes.

We reserve the right to amend this Privacy Policy at any time by posting the amended terms on the Service. If we make material changes to this policy, we will notify you by means of an email and/or other means so that you can access and review the changes. If you object to any changes, you may unsubscribe. By continuing to use the Service after notice of changes has been sent to you or published on the Service, you are deemed to have consented to the changes.

Definitions:
“Personal Information” means information that can be associated with a specific person and can be used to identify that person and includes your Information. Information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific user is not personal information. “Processing“ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Collection:
We collect personal information in a number of ways, including: when you provide information directly to us in person, by phone or in writing (whether electronic, via our communication tools or otherwise); when you visit and/or use the Service, in which case, we record information sent to us by your computer, mobile device or other access devices; and from third parties such as our related entities, service providers to us, operators of linked websites, applications and advertising on the Service.

What We Collect:
We may collect the following types of personal information in order to provide you with access to and use of the Service and for the purposes provided for in this Privacy Policy: your name, user ID’s and passwords, phone number, mobile telephone number, email address, physical address and other contact information; financial information such as credit card or bank account numbers; records and content of communications with us or any other person including when using Service communication tools; personal information based on your activities on the Service; personal information you provide to us through any discussion boards, correspondence, member information pages, disputes, or shared by you from other social applications, services or websites; to the extent permitted by law, other personal information provided by or obtained from third parties including navigation and demographic data and credit check information; additional personal information we ask you to provide to verify your identity or when we suspect that you are in breach of our Terms of Service, this Privacy Policy or other Service policies (including your personal ID and your answers to any questions we pose to you); and personal information from your interaction with the Service and its content and advertising, including device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Service, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address and standard web log data. Information is not associated with you personally unless you have registered an account with the Service. We will not process personal information that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, without your explicit consent. We will not process genetic data, biometric data for the purpose of identifying you, health-related data, or data related to your sexual orientation, without your explicit consent.

How Personal Information Is Used:
Our principal purpose in collecting, using, and storing your personal information is to provide you with access to and use of the service in a personalised, safe, and efficient manner. You consent to us collecting, using, storing and sharing your personal information to: operate the Service, generate content and provide customer support and billing services (including updates and improvements); provide the services requested by you; research, develop and improve Our services; to conduct surveys to determine use and satisfaction with our services; to generate statistics in relation to the Service; detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our Terms of Service, this Privacy Policy or other policies; enforce our Terms of Service, this Privacy Policy or other policies; verify information for accuracy or completeness (including by way of verification with third parties); combine or aggregate your personal information with information we collect from third parties and use it for the purposes set out this Privacy Policy; contact you at your contact details we have collected, by way of voice call, post, text message or email; aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you; collect fees, resolve disputes and to identify, test and resolve problems; notify you about the Service and updates to the Service from time to time; or supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences. You have the right to ask BExceptional for confirmation as to whether or not we are processing your personal information, and if so, obtain access to the data and the following information: The purposes of processing; the types of data being processed; the recipients the data have been or will be disclosed to; and the expected data storage period, where possible. You may object to having your personal data processed for the purposes of any direct marketing at any time by communicating this to us in writing at the following email address help@bexceptional.com.au.

Opting Out:
You may withdraw your consent to us collecting, storing, using and disclosing your personal information in accordance with this Privacy Policy, but you may not be permitted to continue to use the Service or some of our services. Withdrawing your consent does not affect the lawfulness of the processing of your personal information that occurred before your withdrawal. You may opt out of receiving our marketing, advertising and promotional notices, offers and communications by communicating this to us in writing at the following email address help@bexceptional.com.au.

Disclosure To Third Parties:
Notwithstanding the matters set out above, you agree that we may disclose your personal information to enforce our Terms of Service, this Privacy Policy and other policies; comply with any applicable law, request by a governmental agency or regulatory authority or legally binding court order; respond to or resolve claims that a member has violated the rights of others; protect a person’s rights, property or safety; our directors, staff, contractors, professional advisers, and related entities; outsourced service providers who assist us to provide its services such as information technology providers and marketing advisers (including in relation to fee collection, fraud investigations, and Service operations); third parties to whom you expressly ask us to send, or consent to us sending, your personal information; credit agencies (including regarding missed and late payments or other defaults or breaches on your account); or such entities that we propose to merge with or be acquired by and in such case, we will require that the new entity following the merger or acquisition adhere to this Privacy Policy.

Use Of Cookies:
We (or a third party providing services to us) may use cookies, pixel tags, “flash cookies”, or other local storage provided by your browser or associated applications (each a Cookie and together Cookies). A cookie is a small file that stays on your computer or device until depending on whether it is a sessional or persistent cookie, you turn your computer or device off or it expires (typically between 7 and 30 days depending on user settings). Cookies may be used to provide you with our range of services including to identify you as a user or member of the Service, remember your preferences, customise and measure the effectiveness of the Service and our promotions, advertising, and marketing, analyse your usage of the Service, and for security purposes. Cookies may collect and store your personal information. This Privacy Policy applies to personal information collected via cookies. You may adjust your Internet browser to disable cookies. If Cookies are disabled, We may not be able to provide you with the full range of Our services. You also may encounter Cookies used by third parties and placed on certain pages of the Service that we do not control and have not authorised (such as web pages created by another user). We are not responsible nor liable for the use of such Cookies. The Service may also include links to third party websites (including links created by users or members) and applications and advertising delivered to the Service by third parties (Linked Sites). Organisations who operate Linked Sites may collect personal information including through the use of Cookies. We are not responsible nor liable for Linked Sites and recommend that you read the privacy policies of such Linked Sites before disclosing your personal information.

No Spam, Spyware or Spoofing:
You are prohibited from engaging in spam, spyware or spoofing type activities, regardless of whether directed towards us or other users of BExceptional; You must not use the Service or it’s communication tools to send, upload or distribute spam, viruses or malicious, illegal or prohibited content to the Service or otherwise engage in ways that would breach our Terms of Service or this Privacy Policy; To report spam, spyware or spoof activities to BExceptional, email us at help@bexceptional.com.au.

Accessing And Amending Your Personal Information:
You can request from us the personal data which you have previously provided in a commonly used and machine-readable format.

Storage And Security:
We store and process your personal information on servers, currently located in multiple locations around the world. You consent to the transfer, storage, and retention of that information onto the servers of our host provider used from time to time by us, regardless of the location of those servers.

Right To Erasure:
You have the right to have your personal information collected by BExceptional erased without undue delay, but you may not be permitted to continue to use the service or some of our services. We have an obligation to erase your personal data without undue delay in the following circumstances: The personal data are no longer required for the purposes for which they were collected; you withdraw your consent; or for the purposes of compliance with a legal obligation/s. We shall, upon your request, take reasonable steps to erase any personal data provided to third parties for processing.

Right To Restriction Of Processing:
You have the right to have the processing of your personal information restricted in the following circumstances: Your personal data are no longer required for the purposes for which they were collected; you do not think the personal information is accurate, or you object to the processing of your personal information.

Information Sharing with Social Media:
We may offer services that allow you to share public aspects of the Service with third-party websites such as Facebook, Instagram, Twitter, TikTok, and other social media websites.

Children’s Privacy:
The Service is not directed to children under 13 years old. Accordingly, we do not knowingly collect personal information from anyone under 13 years of age, and persons under 13 years of age should not submit any personal information to the Service.

Australian Privacy Laws:
BExceptional is located in Australia. By providing your information, you consent to the processing of your information in Australia.

Contact Us:
If you have a question regarding this Privacy Policy or you would like to make a complaint, please contact us at help@bexceptional.com.au

Last Updated: 17 Aug 2020

Terms of Service

Please read these Terms and Conditions (“Terms”, “Terms of Service”) carefully before using the BExceptional website (the “Service”) operated by BExceptional Pty ltd (“BExceptional”, “us”, “we”, or “our”). Your access to and use of the Service 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. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these terms on your behalf. By accessing or using the Service you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the Service.

Data Usage:
Use of the Service may involve the transmission of data through your carrier or service provider’s network. You are responsible for all data usage and fees and charges you may incur from your carrier or service provider in connection with or related to your use of the Service.

BExceptional IP:
The Service features and functionality are and will remain the exclusive property of BExceptional and its licensors and assigns. The Service is protected by copyright, trademark, and other laws of Australia. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BExceptional. Nothing in these terms constitutes a transfer of any Intellectual Property rights from us to you. You are permitted to use the Service only as authorised by us. Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings BExceptional into disrepute. “BExceptional IP” means the Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the BExceptional, or its licensors, and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The BExceptional name, and all related names, logos, product and service names, designs, and slogans are trademarks of BExceptional or its affiliates or licensors. You may not use such marks without the prior written permission of BExceptional. All other names, logos, product and service names, designs, and slogans used on this Service are the trademarks of their respective owners.

Links To Other Websites:
Our Service may contain links to third-party web sites or services that are not owned or controlled by BExceptional. BExceptional 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 BExceptional 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. BExceptional only provides links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification:
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

Limitation Of Liability:
You agree that we shall not be liable for any damages suffered as a result of using the Service. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantages) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

Disclaimer:
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. BExceptional and its subsidiaries, affiliates, assigns and its licensors do not warrant that a) the Service will function uninterrupted, be secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Service.

Exclusions:
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law:
These terms shall be governed and construed in accordance with the laws of Victoria, Australia. Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes:
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is a material we will try to provide at least 30 days’ notice prior to any new terms taking effect. It is your sole responsibility to periodically check these terms for any changes. If you do not agree with any of the changes to these terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Privacy Policy:
We comply with the National Privacy Principles under the Privacy Act 1988 (Cth). If you have any queries about privacy matters, please contact us. To view our Privacy Policy

Contact Us:
If you have any questions about these terms, please contact us at help@bexceptional.com.au

Last Updated: 17 Aug 2020