Privacy Policy
Our Commitment To Your Privacy
At “The Big Exhale Ltd t/a The Breath Effect (we, us, our)” respect your privacy, and are committed to protecting any personally identifying information you may share with us. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect and use the information you decide to share, and help you make informed decisions when providing personally identifying information as a visitor or registered user at thebreatheffect.com, while using our various services, or while accessing or using other site features such as through email.
What Do We Do With Your Information?
We collect solicited personal information from you when you register on our site, subscribe to our newsletter, purchase an item from us, respond to a survey or fill out a form. When interacting with our website, where appropriate, you may be asked to enter your: name, e-mail address, phone number and other personal information where it is reasonably necessary for one or more of the business’s functions or activities. You may, however, visit our site anonymously or choose to use a pseudonym. Should The Breath Effect receive unsolicited personal information that does not meet the conditions set above, we will destroy the information as soon as practicable but only if it is lawful and reasonable to do so.
Any of the necessary information we collect from you may be used in one of the following ways:
- To personalise your experience (your information helps us to better respond to your individual needs).
- To address feedback (we may contact you in response to your feedback submitted through our surveys)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you).
- To send periodic emails. The email address you provide may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information.
- Review the personal information you have supplied us
- Request that your personal information may not be used to contact you
- Request that your personal information be removed from any solicited list used by us
- Request that your personal information be deleted from our records
- To opt out of being contacted by us
Your Consent
By using our site, you consent to our privacy policy. When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
How Do We Protect Your Information?
All personal information you provide to us is stored in our secure database. Reasonable steps have been implemented in order to protect your personal information from interference, misuse, loss, unauthorised access, modification, and disclosure when you enter, submit, or access your personal information.
Do We Disclose Any Information To Outside Parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How Do We Protect Cardholder Data?
All transactions on the website use industry best-practice encryption and security including SSL/TLS. We do not store cardholder data for longer than is necessary to process the payment through our payment gateway, and these details are never stored in our database at any time. The Breath Effect staff, contractors and developers have no access at any time, under any circumstances to any card data entered into the website.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google Analytics
The services contained in this section enable The Breath Effect to monitor and analyse web traffic and can be used to keep track of User behaviour. Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilises the data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualise and personalise the ads of its own advertising network.
Opting Out And Unsubscribing
If at any time you would like to unsubscribe from receiving future emails, we include an unsubscribe link at the bottom of each email. You may also choose to contact us using the contact information provided under the section ‘Contact’.
Personal Details
We take all reasonable steps to ensure your personal details are up to date, correct, and complete. At any time, you have the right to:
- Review the personal information you have supplied us
- Request that your personal information may not be used to contact you
- Request that your personal information be removed from any solicited list used by us
- Request that your personal information be deleted from our records
- To opt out of being contacted by us
Correction Of Personal Information
You may, at any time, request access to the personal information, which we hold about you by sending an email to exhale@thebreatheffect.com We will respond to such request within a reasonable time of it being received by us, without any charge to you. We will take such steps as are reasonable to correct information to ensure that it is accurate, up to date, complete, relevant and not misleading.
Changes To Our Privacy Policy
TheBreath Effect welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy, need to update your personal details or would like further information, please contact us by any of the following means during business hours Monday to Friday: www.thebreatheffect.com/contact
The Breath Effect Team
PO Box 79
Glenorchy,
Otago, New Zealand.
E: exhale@thebreatheffect.com P: +64 (021) 686 431
Making A Complaint
If you wish to make a complaint, you should contact us by mail, email, or telephone at the details above. We will take such steps as are reasonable to investigate complaints, within a reasonable time of such complaint being received by us. We will give you a written notice of the investigations, which have been carried out, and the outcome of your complaint.
Terms and Conditions for Virtual Retreat, Events and Workshops
In consideration of the services of The Big Exhale Ltd and Emma Ferris, their agents, owners, officers, promoters, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “TBE”), I, as well as all members of the household participating in the virtual seminar with me, hereby agree to release, indemnify, and discharge, TBE, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in breathing and retreat activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TBE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of any materials provided by TBE, including any such claims which allege negligent acts or omissions of TBE. I understand the retreat and exercises is meant for myself only, and I shall not allow any other member of my household or anyone watching the seminar through my IP address to participate in the retreat, and I hereby release TBE from any such liability of such third parties.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- I understand that this is a virtual event to be experienced over the internet and I am fully responsible for all internet charges and connections which are required to participate in this seminar. TBE is not responsible for any computer failures, problems or errors, connection speed, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, telephone, cable or satellites, human error, programming, equipment or otherwise related to the attempted entry into and participation during the seminar. Caution: Any attempt to deliberately damage any website or link affiliated with this seminar, by myself or whoever accesses the virtual seminar through my IP address, or otherwise undermine the legitimate operation of this seminar is a violation of criminal and civil laws, and if such attempt should be made, TBE reserves the right, in its sole discretion, to disqualify and remove any individual from participation in this seminar it finds to be tampering with the online operation of the seminar or to be acting in violation of these terms or in any unsportsmanlike, immoral, or disruptive manner, as well as seek damages or any other remedy available to it to the fullest extent permitted by law.
- In the event of any dispute, claim or cause of action arising from or connected with my attendance at this retreat, I agree to resolve any such dispute by binding arbitration pursuant to the terms hereof, and I further agree that the substantive law of the New Zealand I shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. The parties agree that the exclusive manner of resolving any and all disputes between them of any kind or nature whatsoever, including but not limited to disputes regarding validity, interpretation, enforcement or claimed breach of this
GENERAL RELEASE
In consideration of my participation in the seminar presented by TBE and its vendors, I hereby generally release TBE and its agents, representatives, employees, promoters, vendors, contractors, successors, assigns, insurers and affiliated companies for any and all liability whatsoever related to TBE’s negligence, negligent conduct or omissions, or my participation in this seminar, including the breathing exercises.
Having been so apprised, I hereby elect to and do assume the risk for claims heretofore or hereafter arising, known or unknown, from this Release and from my participation in the retreat. I acknowledge that I have been given the opportunity to ask questions regarding any aspect of the release contained herein, and by signing below, do acknowledge that I have carefully and completely read and fully understand all aspects of the releases and agree to the terms in their entirety. By participation in or attending the virtual retreat “The Busy Woman’s Guide To Cultivating Calm”, I, on behalf of myself and any and all other members of the household watching with me or through my IP address, expressly agree not to record by audio, video, photography or any other means, any portion of this retreat, nor will the viewing party publish, post on the internet or otherwise make publicly available any recording of any portion of this Virtual Retreat. The viewing party hereby assigns, convey and transfer all right, title and interest including any copyright interest therein, in and to any recordings the viewing party might improperly make during this seminar to TBE and TBE shall be the sole and exclusive owner of any such recordings. The viewing party also understands that all physical, written and/or electronic materials provided by TBE (whether via streaming, digital download or any other method) in connection with this virtual retreat are protected by the copyright laws, and the viewing party agrees not to use it in any form after this seminar, other than for the viewing party’s personal use.
During the Virtual Retreat, video images, movies, photographs and audio recordings will be made by TBE, their agents or authorized independent contractors. As a result of my participation in the Virtual Retreat, I and the Viewing Party may be included in any such video, movie, photographic or audio reproduction. Any and all of said reproductions are the exclusive property of TBE and TBE is the exclusive copyright owner. I and the viewing party shall have no claim, right or interest to any of these recordings or reproductions and my signature hereto grants permission to TBE to use any of said recordings and reproductions in any responsible manner, including, but not limited to, promotional materials and commercial purposes. Such uses shall include and not be limited to commercial product, television infomercial, audio, CD and/or video tapes, internet and/or wireless transmission. These rights shall belong to TBE in perpetuity. All video, audio, photographic and written material purchased by or provided to me during TBE is protected by the copyright laws of New Zealand and other countries.
By registering for this retreat, I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against TBE on the basis of any claims from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
