Account

Eligibility

In order to use this site, you must be:

• able to enter into contracts;

• agree to these Terms of Use;

• provide true, complete, and up-to-date information, where applicable;

• not be based in any territory that is subject to a U.S.  or Australian government embargo, or that has been designated by the U.S. or Australian government as a “terrorist-supporting” country; and

• not be listed on any U.S. or Australian government list of prohibited or restricted persons.

By using this site, you represent and warrant that you meet all the requirements listed above, and that you won’t use the site in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

We may refuse service, close accounts, and change these requirements at any time.

Term

When you visit this site, subscribe, make a purchase or register an account and agree to these Terms, the Agreement between us formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have visited this site, are registered or subscribed or have an account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Closing Your Account

You or us may terminate the Agreement at any time and for any reason by terminating your account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment for any undelivered Service. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for a prepaid month. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username may no longer be available for use on any future accounts and may not be able to be reclaimed.

Changes

We may change any of the Terms by posting revised Terms on our site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the site. We may change the site, add-ons, or any features of the site at any time, and we may discontinue the site, add-ons, or any features of the site at any time.

Account and Password

If you have an account, you’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that we are directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorised that activity. You’ll immediately notify us of any unauthorised access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

Account Disputes

We don’t know the inner workings of your organisation or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of us and our Team.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

Payment

Debit and Credit Cards

As long as you have an outstanding balance with us, you’ll provide us with valid debit or credit card (“card”) information and authorise us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorised to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order, we’ll try to contact you by email and may suspend your account until your payment can be processed.

Refunds

We’ll give you a refund if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.

Charges for Add-Ons

If you use an Add-on that has a charge, then you’ll be billed that additional amount with each month for as long as the Add-on is active. Certain Add-ons may require upfront payment.

Billing Changes

We may change our fees, including our charges for Add-ons, at any time by posting a new pricing structure to our site or in your account and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

Rights

Feedback and Proprietary Rights

We own all proprietary rights in the site and our services, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to us in the course of using the site or which we retrieve or access at your direction or with your permission (“Content”). You retain ownership of the Content that you upload to the site. We may use or disclose your Content (including any personal information therein) only as described in these Terms and our Privacy Policy.

You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the site and our services. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

Right to Review Content

We may view, copy, and internally distribute Content to create algorithms, analytics and programs (“Tools”) that help us spot problem accounts and improve the site and our services. We use these Tools to find users who violate these Terms or laws and to study data internally to make the site and our services smarter and create better experiences for users.

Rules and Abuse

General Rules

By agreeing to these Terms, you promise to follow these rules:

• You won’t send spam!

• You won’t use purchased, rented, or third-party email addresses.

• You’ll comply with our Terms.

We don’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

• A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.

• Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, neuro identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

• an organisation that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;

• a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organisation as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or

• a person or organisation that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from us, please report it us. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us by emailing us at contact@cherylkoch.com.

Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, GDPR, APP, other data protection laws (together “Data Protection Laws”), United States and Australian export control laws and regulations and economic sanctions laws and regulations (“Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by any applicable laws in the jurisdiction of this Agreement or the jurisdiction where you using the Service.

If you collect any personal information pertaining to a minor and store such information within your account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

If you or the people you distribute or display Campaigns or other Content to through the Service are subject to Data Protection Laws, you agree, represent and warrant (as applicable) to us that:

1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable data protection laws, (b) describes your use of the Service, and (c) includes a link to our Privacy Policy.

2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to us and to enable such data to be lawfully collected, processed, and shared by us for the purposes of providing the Service or as otherwise directed by you.

3. You will comply with all laws and regulations applicable to the site and our services, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.

4. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable us to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with.

5. You are subject to our Privacy Policy, which will apply when and to the extent we process Customer Data protected by Data Protection Laws. The Privacy Policy sets out our obligations with respect to data protection and security when processing such Customer Data in connection with the Service and forms part of these Terms.

In addition, if you are subject to any Data Protection Law which requires prior written authorisation, you acknowledge and agree that we have your prior written authorisation to respond, at our discretion, to any data subject access requests we receive from your contacts made under the applicable Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.

Liability

Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that

(i) you assume full responsibility for any loss that results from your use of the site or our Service, including any downloads from the site;

(ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and

(iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service that month.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

No Warranties

To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from

(i) your Content,

(ii) your use of the Service,

(iii) your violation of any laws or regulations,

(iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms,

(v) any misrepresentations made by you, or

(vi) a breach of any representations or warranties you’ve made to us.

Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

Subpoena and Legal Fees

If we have to provide information in response to an injunction, subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Disclaimers

We and our Team aren’t responsible for the behaviour of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.

Other Important Stuff

Copyrights

Published and unpublished rights are reserved under the copyright laws of Australia. Unless otherwise stated, the manufacturer is InfinityZERO Pty Ltd.

Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Choice of Law

The State of South Australia laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Adelaide, South Australia, Australia, and each party consents to personal jurisdiction in those courts.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, meteor strikes, unusually severe weather conditions, pandemics and acts of hackers, or third-party internet service providers.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of ours for such incident.

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on any Cheryl Koch Site. Any notice to us will be effective when delivered to us Cheryl Koch at the latest address posted on a Cheryl Koch Site.

Entire Agreement

These Terms and any Additional Terms you’ve agreed for any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

Well done! You’ve reached the end. Thanks for taking the time to learn about my policies.

This privacy policy applies across our websites, including but not limited to https://cherylkoch.com, as well as our business profiles and pages on social media, and all profiles on business networking sites, and any other website or mobile application owned, operated or controlled by us (we’ll collectively refer to these as the “sites”, and together with the App, the “service”).

InfinityZERO Pty Ltd (also “we” and “us”) is a registered business in Australia. We may have employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

We may use Mailchimp, WordPress, LinkedIn, FaceBook, Instagram, Twitter, RackSpace, TuCows, Stripe, Google, YouTube and other third parties (“Third Party Partners”) to provide certain features of the Service, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Service, you are also bound by their respective terms of service including privacy policies.

This privacy policy forms part of our Terms, which are available here.

The Basics

InfinityZERO Pty Ltd is a registered business operating out of the State of South Australia in Australia ("we", "us", "our", "InfinityZERO").

Our Service enables our Members to, among other things, subscribe and receive emails and content, and view information. We also provide other related services, to help our Members personalise their activities.

This policy applies to the Personal Information we collect and process from a Member or potential Member through the provision of the Service. In this policy, "you" and "your" refer to Members.

As an ethical Australian business, whilst not required by law, we strive to operate in accordance with the Australian Privacy Principles  ("APPs") and is currently in the process of opting in. Accordingly, if you see anything that doesn't comply with the APPs we would very much appreciate your feedback.

Key Terms

In this privacy policy, these terms have the following meanings:

"Distribution List" is a list to which Members may subscribe (for example, by providing their email addresses).

"Member" means any person or entity that uses the Service.

"Personal Information" means any information that identifies or can be used to identify an individual directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.

“service” has the meaning given to it in our Terms.

"site(s)" has the meaning given to it in our Terms.

"you" and "your" means a Member.

Information We Collect

The Personal Information that we collect depends on the context of your interactions with us, your account settings, the products and features you use, your location, and applicable law. However, the Personal Information we collect broadly falls into the following categories:

(i) Information you provide to us: You (or your organisation) may provide certain Personal Information to us when you use the Service, consult with our Team, send us an email, or communicate with us in any other way. This information may include:

• Business contact information (such as your name, job title, organisation, location, phone number, email address, and country);

• Marketing information (such as your contact preferences);

• Account log-in credentials (such as your username and password when you sign up for an account with us);

• Troubleshooting and support data (which is data you provide or we otherwise collect in connection with support queries we receive from you. This may include contact or authentication data, the content of your chats and other communications with us, and the product or service you are using related to your help inquiry); and

• Payment information (including your credit card numbers and associated identifiers and billing address).

(ii) Information we collect automatically: When you use the Service, we may automatically collect or receive certain information about your device and usage of the Service (collectively “Service Usage Data”). In some (but not all) countries, including countries in the European Economic Area (“EEA”), this information is considered Personal Information under applicable data protection laws. For further information, please review the section below. Service Usage Data may include:

• Device information: We collect information about the device and applications you use to access the Service, such as your IP address, your operating system, your browser ID, and other information about your system and connection.

• Log data: Our web servers keep log files that record data each time a device accesses those servers and the nature of each access, including originating IP addresses and your activity in the Service (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take (for example, which features you used)), device event information (such as system activity, error reports (sometimes called ‘crash dumps’)), and hardware settings. We may also access metadata and other information associated with files that you upload into our Service.

• Usage data: We collect usage data about you whenever you interact with our Service, which may include the dates and times you access the Service and your browsing activities (such as what portions of the Service you used). We also collect information regarding the performance of the Service, including metrics related to the deliverability of emails and other communications you send through the Service. This information allows us to improve the content and operation of the Service and facilitate research and analysis of the Service.

(iii) Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Examples of the information we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioural data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other Personal Information we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and service.

Use of Personal Information

We may use the Personal Information we collect or receive through the Service (alone or in combination with other data we source) for the purposes and on the legal bases identified below:

• To bill and collect money owed to us by you to perform our contract with you for the use of the Service or where we have entered into another contract with you, in accordance with our legitimate interests to operate and administer our Service and our business. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and those third parties collect billing information to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see the "Our Security" section of this privacy policy.

• To send you system alert messages in reliance on our legitimate interests in administering the Service and providing certain features. For example, we may inform you about temporary or permanent changes to our Service, such as planned outages, or send you account, security or compliance notifications, such as new features, version updates, releases, abuse warnings, and changes to this privacy policy.

• To communicate with you about our Service and provide customer support to perform our contract with you for the use of the Service or where we have entered into another contract with you, in reliance on our legitimate interests in administering and supporting our business.

• To enforce compliance with our Standard Terms and applicable law, and to protect the rights and safety of our Members in reliance on our legitimate interest to protect against misuse or abuse of our Service and to pursue remedies available. This may include developing tools and algorithms that help us prevent violations.

• To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.

• To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests.

• To prosecute and defend a court, arbitration, or similar legal proceeding.

• To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

• To provide, support and improve the Service to perform our contract with you for the use of the Service or where we have entered into another contract with you, in reliance on our legitimate interests in administering and improving the Service and providing certain features. For example, this may include sharing your information with third parties in order to provide and support our Service or to make certain features of the Service available to you. When we share your Personal Information with third parties, we take steps to protect your information in a manner that is consistent with our obligations under applicable privacy laws. For further information about how we share your information, refer to Section 5 below.

• To provide suggestions to you and to provide tailored features within our Service that optimise and personalise your experience in reliance on our legitimate interests in administering the Service and providing certain features. This includes using data to recommend products or services that you may be interested in or that may be relevant to you or your organisation. Some of these suggestions are generated through analysis of the data used in our data analytics projects, as described below.

• To perform data analytics projects in reliance on our legitimate business interests in improving and enhancing our products and services for our Members. Our data analytics projects may use data from accounts, including Personal Information, to provide and improve the Service. We use information like your habits and purchase history, so we can make more informed predictions, decisions, and products for our Members. For example, we may use data from accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members. If you prefer not to have your data used for this purpose, you can opt out of data analytics projects at any time by emailing us at contact@cherylkoch.com. As always, we take the privacy of Personal Information seriously, and will continue to implement appropriate safeguards to protect this Personal Information from misuse or unauthorised disclosure.

• To personalise the Service, content and advertisements we serve to you in reliance on our legitimate interests in supporting our marketing activities and providing certain features within the Service. We may use your Personal Information to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, to provide more personalised features or for advertising or targeting purposes in accordance with this privacy policy.

Public Information and Third-Party Websites

• Blog. We have public blogs on our sites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.

• Social media platforms and widgets. The site include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. We also maintain presences on social media platforms, including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

• Links to third-party websites. Our site include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you carefully read the privacy policy of websites you visit.

• Contests and sweepstakes. We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on the sites or through social media (collectively, "Promotions"). Participation in our Promotions is completely voluntary. Information requested for entry may include Personal Information such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Service. We may share this information with our affiliates and other organisations or service providers in line with this privacy policy and the rules posted for our Promotions.

Tracking Technologies

We and our third-party partners may use various technologies to collect and store Service Usage Data when you use our Service (as discussed above), and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use web beacons in the emails we send, which enable us to track certain behaviour, such as whether the email sent through the Service was delivered and opened and whether links within the email were clicked. Both web beacons and SDKs allow us to collect information such as the recipient’s IP address, browser, email client type and other similar data as further described above details. We use this information to measure the performance of your email campaigns, to provide analytics information, enhance the effectiveness of our Service, and for other purposes described above. Reports are also available to us when we send email to you, so we may collect and review that information.

We may use Third Party Partners (as defined in the Standard Terms) to provide certain features of the Service, and each of these organisations have their own privacy policies, which may change from time to time without notice. Where we become aware that a change impacts our terms or policies, we will endeavour to identify any impact on you and notify you accordingly.  We have attempted to provide links to Third Party Providers privacy policies as they apply to Australia here, however, this links may be archived, change or be added to, and as such, please make your own enquiries to confirm you are viewing their latest applicable privacy policy:

• Mailchimp

• WordPress

• LinkedIn

• Facebook

• Instagram

• Twitter

• Tucows

• Stripe

• Google

• YouTube

Distribution Lists

In order to send an email with content to or features to you or to use certain features, you need to provides us information about yourself, such as your name and email address. We use and process this information to provide the Service in accordance with our contract with you or your organisation and this privacy policy.

We do not, under any circumstances, sell our Distribution Lists. If someone on our Distribution List complains or contacts us, we might then contact that person. If we detect abusive or illegal behaviour related to your subscription to our Distribution List, we may remove you from a Distribution List without notice.

Your Data Protection Rights

Depending on the country in which you reside, you may have the following data protection rights:

• To access; correct; update; delete; or object to our processing of your Personal Information.

• You can manage your individual account and profile by contacting us. You can contact us at any time to update your own preferences (see Your Choices and Opt-Outs below). We take reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date.

• The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in Australia are available here, in the EEA and UK are available here and Switzerland are available here.

• Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you receive these requests from Contacts, you can segment your lists within our platform to ensure that you only market to Contacts who have not opted out of receiving such marketing.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request.

How We Share Information

We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy:

(i) Our service providers: Sometimes, we share your information with our third-party service providers working on our behalf for the purposes described in this privacy policy. For example, companies we’ve hired to help us provide and support our Service or assist in protecting and securing our systems and services and other business-related functions. Other examples include analysing data, processing payments, and delivering content.

(ii) Advertising partners: We may partner with third-party advertising networks, exchanges, and social media platforms (like Facebook) to display advertising on the site or to manage and serve our advertising on other sites, and we may share Personal Information of Members and Visitors with them for this purpose. We and our third-party partners may use cookies and other similar tracking technologies, such as pixels and web beacons, to gather information about your activities on the site and other Websites in order to provide you with targeted advertising based on your browsing activities and interests.

(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

(iv) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganisation, or acquisition. In that event, any acquirer will be subject to our obligations under this privacy policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our site.

(v) Any other person with your consent.

Your Choices and Opt-Outs

Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us using the contact details provided in the "Questions and Concerns" section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these unless you cancel your account.

Our Security

We take appropriate and reasonable technical and organisational measures designed to protect Personal Information from loss, misuse, unauthorised access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. If you have any questions about the security of your Personal Information, you may contact us.

International Transfers

(i) We operate in Australia and have servers which we may be located outside of Australia

Our servers are located overseas and our office is in Australia, so your information may be transferred to, stored, or processed in both Australia and elsewhere. While the data protection, privacy, and other laws of those countries might not be as comprehensive as those in your country, we take many steps to protect your privacy, as provided by this privacy policy.

(ii) Members located in Australia

If you are a Member who accesses our Service in Australia, this section applies to you. We are subject to the operation of the Privacy Act 1988 ("Australian Privacy Act"). Here are the specific points you should be aware of:

• Sensitive personal information is not permitted on our platform and Members are prohibited from importing or incorporating any sensitive personal information into their accounts or uploading any sensitive personal information to our servers.

• Please note that if you do not provide us with your Personal Information or if you withdraw your consent for us to collect, use and disclose your Personal Information, we may be unable to provide the Service to you.

• Where we collect Personal Information of our Visitors, the Personal Information we ask you to provide will be information that is reasonably necessary for, or directly related to, one or more of our functions or activities.

• Where we say we assume an obligation about Personal Information, we will also require our contractors and subcontractors to undertake a similar obligation.

• We will not use or disclose Personal Information for the purpose of our direct marketing to you unless:

  • you have consented to receive direct marketing;

  • you would reasonably expect us to use your personal details for marketing; or

  • we believe you may be interested in the material but it is impractical for us to obtain your consent.

You may opt out of any marketing materials we send to you through an unsubscribe mechanism. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as "direct marketing" under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account as permitted under the Australian Privacy Act and the Spam Act 2003 (Cth).

• Our servers are located overseas. In addition, we or our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.

• We may also share your Personal Information outside of Australia to our business operations in other countries. While it is not practicable for us to specify in advance each country where your Personal Information may be disclosed, typically we may disclose your Personal Information to the United States, Canada and the European Union.

• You may access the Personal Information we hold about you. If you wish to access your Personal Information, please contact us directly by emailing us at contact@cherylkoch.com. We will respond to all requests for access within a reasonable time.

If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request. If you find that the information we have is not up to date or is inaccurate or incomplete, please contact us, so we can update our records. We will respond to all requests for correction within a reasonable time.

• If you are unsatisfied with our response to a privacy matter, you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.

Retention of Data

We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we'll refer to these criteria in order to determine retention period:

• Whether we have a legal or contractual need to retain the data.

• Whether the data is necessary to provide our Service.

• Whether our Members have the ability to access and delete the data within their accounts.

• Whether our Members would reasonably expect that we would retain the data until they remove it or until their accounts are closed or terminated.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymise it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

Do not Track

Certain country and state laws require us to indicate whether we honour “Do Not Track” settings in your browser. We adhere to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.

Changes to this Policy

We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the site. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the site.

Questions & Concerns

If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please contact us.