Ts and Cs

Welcome to our site.
This website with URL address www.breathtakingapp.com is owned and operated by Breath Taking Concepts (ABN 97 393 957 676). Should you continue to our services – collectively including products, content and services through our website www.breathtakingapp.com (the “Website”) or applications (the “App”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Breath Taking Concept’s relationship with you in connection with our services. Should you not agree with any of these terms and conditions, please do not use our services.
The term ‘Breath Taking Concepts’ or ‘us’ or ‘our’ or ‘we’ refers to Breath Taking Concepts, the owner of the website, whose registered office is ABN 97 393 957 676, Victoria. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:

1. The content of this website is for your general information and use only. It is subject to change without prior notice.

2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: none.

3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

5. Our services contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of our services material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

6. All trademarks reproduced in these services, which are not the property of, or licensed to us, are acknowledged on the website.

7. Unauthorised use of these services may be a criminal offence and/or give rise to a claim for damages.

8. These services may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

9. Your use of our services and any dispute arising out of your use of it is subject to the laws of Victoria.

10. You may only use our services for lawful purposes and in a manner consistent with the nature and purpose of the website.

11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.

12. These terms and conditions may be amended from time to time. Your continued use of our services following any such amendments will be deemed to be confirmation that you accept those amendments.

13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of our services.

14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of these services.

15. Every effort is made to keep the website and app up and running smoothly. However, we take no responsibility for, and will not be liable for, the website or app being temporarily unavailable due to technical issues beyond our control.

Privacy Policy

BreathTakingapp.com

Your privacy is important to Breath Taking Concepts, so our policy covers how we collect, use, store, transfer and disclose your
Personally Identifiable Information in accordance with our website and app.

Collection and Use of Personal Information:
What personal information do we collect from people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, credit card information or other details to help you with your experience.

When do we collect information?
We collect information from you when you register on our site, place an order or enter information on our site.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication,surf the website, or use certain other site features in the following ways:
– To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
– To allow us to better service you in responding to your customer service requests.
– To quickly process your transactions.
– To send periodic emails regarding your order or other products and services.

How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

Our cookie use.
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
– Help remember and process the items in the shopping cart.
– Understand and save user’s preferences for future visits.
– Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders .

Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice- This does not include website hosting partners and other 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.
Third party links We do not include or offer third party products or services on our website.

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:
Users can visit our site anonymously Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website. Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.
Users will be notified of any privacy policy changes:
– On our Privacy Policy Page

Users are able to change their personal information:
– By logging into their account

How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third party behavioral tracking?
It’s also important to note that we do not allow third party behavioral tracking

COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13. Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in site notification
– Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

– Send information, respond to inquiries, and/or other requests or questions.

– Process orders and to send information and updates pertaining to orders

– We may also send you additional information related to your product and/or service.

– Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CANSPAM we agree to the following:

– NOT use false, or misleading subjects or email addresses

– Identify the message as an advertisement in some reasonable way

– Include the physical address of our business or site headquarters

– Monitor third party email marketing services for compliance, if one is used.

– Honor opt-out/unsubscribe requests quickly

– Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email. We will promptly remove you from ALL correspondence.

Your personal medical data
In absolutely no circumstance do we or will we ever share your personal medical information. This information is stored in your phone only, and will never be made available to any party. Only you can share your results with your physician from the stats page, in order to better manage your health.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

  • PO Box 234
    Blairgowrie, Victoria 3942
    Australia
  • Contact us