TERMS OF SERVICE

Date of Last Revision: July 13, 2018

1. Welcome to The Impulsivity Project!

1.1 Introduction: Blue Horizon Counselling Pty Ltd d/b/a The Impulsivity Project (“Impulsivity Project,” “we,” “us,” “our”) provides its services (described below) to you through its website located at impulsivity.com.au (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.3 Privacy:At The Impulsivity Project, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

2. Access and Use of the Service

2.1 Use Description: The Impulsivity Project service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Impulsivity Project purchase we grant you a limited, non-exclusive, non-transferable, license to access the Impulsivity Project content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. The Impulsivity Project may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

2.2 Your Registration Obligations: You may be required to register with The Impulsivity Project in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

2.3 Member Account, Password and Security: You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify The Impulsivity Project of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Impulsivity Project will not be liable for any loss or damage arising from your failure to comply with this Section.

2.4 Modifications to Service: The Impulsivity Project reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Impulsivity Project will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

2.5 General Practices Regarding Use and Storage: You acknowledge that The Impulsivity Project may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on The Impulsivity Project’ servers on your behalf. You agree that The Impulsivity Project has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that The Impulsivity Project reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that The Impulsivity Project reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6 Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your The Impulsivity Project account information to ensure that your messages are not sent to the person that acquires your old number.

2.7 Money Back Guarantee: Should you become dissatisfied with the Service within the first 7 days after purchase, The Impulsivity Project will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 7 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at The Impulsivity Project’ sole discretion. If The Impulsivity Project determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 7-day money back guarantee email hello@impulsivity.com.au.

3. Conditions of Use

3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The Impulsivity Project reserves the right to investigate and take appropriate legal action against anyone who, in The Impulsivity Project’ sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of The Impulsivity Project, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose The Impulsivity Project or its users to any harm or liability of any type;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

3.2 Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide The Impulsivity Project information regarding your credit card or other payment instrument. You represent and warrant to The Impulsivity Project that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay The Impulsivity Project the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize The Impulsivity Project to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let The Impulsivity Project know within sixty (60) days after the date that The Impulsivity Project charges you. We reserve the right to change The Impulsivity Project’ prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than Australian taxes based on The Impulsivity Project’ net income.

3.3 Recurring Subscriptions: If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize The Impulsivity Project to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that The Impulsivity Project is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, The Impulsivity Project, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.

The Impulsivity Project may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits“). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

You can cancel by contacting Support at hello@impulsivity.com.au.

3.4 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to Australian export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Australian export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

3.5 Commercial Use: Unless otherwise expressly authorized herein or by The Impulsivity Project in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Impulsivity Project, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by The Impulsivity Project from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of The Impulsivity Project, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The Impulsivity Project.

The The Impulsivity Project name and logos are trademarks and service marks of The Impulsivity Project (collectively the “The Impulsivity Project Trademarks”). Other The Impulsivity Project, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to The Impulsivity Project. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Impulsivity Project Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of The Impulsivity Project Trademarks will inure to our exclusive benefit.

4.2 Third Party Material: Under no circumstances will The Impulsivity Project be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that The Impulsivity Project does not pre-screen content, but that The Impulsivity Project and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, The Impulsivity Project and its designees will have the right to remove any content that violates these Terms of Service or is deemed by The Impulsivity Project, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant The Impulsivity Project, its affiliated companies and partners (including but not limited to The Impulsivity Project instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to The Impulsivity Project, its affiliated companies or partners are non-confidential and The Impulsivity Project, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that The Impulsivity Project may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Impulsivity Project, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.4 Copyright Complaints: The Impulsivity Project respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify The Impulsivity Project of your infringement claim in accordance with the procedure set forth below.

You may also contact us by mail at:
The Impulsivity Project
Suite 704, 135 Macquarie St

Sydney NSW 2000

To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

4.5 Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Australian federal court and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, The Impulsivity Project will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

4.6 Repeat Infringer Policy: In accordance with the copyright law of Australia and other applicable law, The Impulsivity Project has adopted a policy of terminating, in appropriate circumstances and at The Impulsivity Project’ sole discretion, users who are deemed to be repeat infringers. The Impulsivity Project may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Impulsivity Project has no control over such sites and resources and The Impulsivity Project is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Impulsivity Project will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that The Impulsivity Project is not liable for any loss or claim that you may have against any such third party.

6. Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and The Impulsivity Project’ use, storage and disclosure of information related to you and your use of such services within The Impulsivity Project (including your friend lists and the like), please see our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and The Impulsivity Project shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, The Impulsivity Project is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, The Impulsivity Project is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. The Impulsivity Project enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

7. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold The Impulsivity Project and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

8. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE IMPULSIVITY PROJECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE IMPULSIVITY PROJECT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE IMPULSIVITY PROJECT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE IMPULSIVITY PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE IMPULSIVITY PROJECT’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE IMPULSIVITY PROJECT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

10. Binding Arbitration; Class Action Waiver

You and The Impulsivity Project agree that these Terms of Service affect interstate commerce and that the Australian Arbitration Law governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at The Impulsivity Project, Suite 704, 135 Macquarie St, Sydney NSW 2000 and hello@impulsivity.com.au, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of Australia, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside Australia, arbitration will be held in Sydney, NSW, and you and The Impulsivity Project agree to submit to the personal jurisdiction of any federal or state court in Sydney, NSW in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The Impulsivity Project shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless The Impulsivity Project is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND The Impulsivity Project AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the IP Australia Agency to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to The Impulsivity Project at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, The Impulsivity Project also will not be bound by them. If The Impulsivity Project changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of The Impulsivity Project’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and The Impulsivity Project in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND THE IMPULSIVITY PROJECT REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

11. Termination

You agree that The Impulsivity Project, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if The Impulsivity Project believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Impulsivity Project may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that The Impulsivity Project may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Impulsivity Project will not be liable to you or any third party for any termination of your access to the Service.

12. Disputes Between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Service and The Impulsivity Project will have no liability or responsibility with respect thereto. The Impulsivity Project reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

13. General

These Terms of Service constitute the entire agreement between you and The Impulsivity Project and govern your use of the Service, superseding any prior agreements between you and The Impulsivity Project with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of NSW without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and The Impulsivity Project agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within NSW. The failure of The Impulsivity Project to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of The Impulsivity Project, but The Impulsivity Project may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall The Impulsivity Project be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

14. Questions? Concerns? Suggestions?

Please contact us at Suite 704, 135 Macquarie St, Sydney NSW 2000 or hello@impulsivity.com.au to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Serfvice. 

Cookie Policy

Date of Last Revision: July 13, 2018

At The Impulsivity Project we respect your concerns about privacy and value the relationship that we have with you. This Cookies Notice (the “Notice“) explains how Blue Horizon Counselling Pty Ltd , d/b/a The Impulsivity Project (“The Impulsivity Project,” “we,” “us,” or “our”) uses cookies and other similar technology to recognize you when you use our website, mobile application, or other online or mobile service (the “Site“). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

This Notice explains:

  • What are Cookies?
  • Types of Information Collected and Reasons for Collection
  • Types of Cookies We Use
  • Duration of Storage of Cookies on Your Device
  • Cookie Management
  • Consequences of Deactivation of all Cookies
  • Changes to the Cookies Notice
  • Contact Us

What are Cookies?

Cookies are small text files that are placed on your computer or mobile device when you visit a site, that enable us to, among other things,: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Site you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. They are then returned to the original website on each subsequent visit or to any other website that recognizes them. For more information on cookies, go to www.allaboutcookies.org.

The term “Cookie” is used in this Notice in the broad sense to include all similar techniques and technology, including web beacons, tracking pixels, and log files. For more information on these additional tools, see our glossary below.

Types of Information Collected and Reasons for Collection

Cookies help us to better understand your expectations of our Site and, as a result, allow us, among other strategies, to offer our visitors a pleasant and sustainable experience. Here are examples of the types of information that we collect through Cookies:

  • The number of users visiting the The Impulsivity Project Site, the frequency with which the Site was viewed, the pages viewed, the clicks made on the Site and the total duration of navigation on the Site;
  • The name of the website visited prior to the The Impulsivity Project Site;
  • Whether you are visiting our Site for the first time or not;
  • Your viewing preferences (e.g. layout, sizing preferences, language etc.);
  • Your purchases and your orders; and
  • Your user name, your password, the type of browser used and your IP address, so that we can identify you during your next visits.

In addition, Cookies allow us to do the following:

  • Customise your visit: We may use information collected during your visit to facilitate your next visit to our Site;
  • Customise the advertising and marketing messages that appear on the Site, whether ours or those of third parties; and
  • Analyse customer trends: We compile information on individual Site visits and analyse them as a whole in aggregated form.

Type of Cookies We Use

We use first-party and third-party Cookies for several reasons. Some Cookies are required for technical reasons in order for our Site to operate, and we refer to these as “essential” or “strictly necessary” Cookies. Other Cookies enable us to track and target the interests of our users and to enhance the experience on our Site. Third parties also serve Cookies through our Site for advertising, analytics and other purposes. The specific types of first and third party Cookies served through our Site and the purposes they perform are described in more detail below.

First-party Cookies

These cookies are created by The Impulsivity Project. They are, for the most part, used to allow you to browse our Site and use its features. First-party cookies include:

  • Essential Website Cookies: These Cookies are strictly necessary to provide you with services available through our Site and to use some of its features, such as access to secure areas.
  • Functional Cookies: These Cookies allow you to browse our Site or benefit from some of its features, such as memorizing language preferences or placing orders online.
  • Analytics Cookies: These Cookies allow us to collect statistics (aggregated and anonymous) on the usage of the Site by you and other visitors. This information helps us improve the features offered on its Site.

Third-party Cookies

In addition to our proprietary Cookies, some third-party and affiliated companies may place Cookies on your computer, access them and associate web beacons with them. These Cookies enable third-party features or functionalities to be provided on or through the Site. The parties that set these third-party Cookies can recognize your device both when it visits our Site and also when it visits certain other websites. Third-party cookies include:

  • Functional Cookies: These Cookies are defined by third parties who support our Site and they allow you to use useful services and features, such as instant messaging support.
  • Online Behavioural Advertising Cookies: These Cookies are defined by our advertising partners and collect data about your browsing habits, as well as your preferences for products and services. This information allows The Impulsivity Project and the ad networks that we work with to display relevant ads on the most relevant pages of partner sites and The Impulsivity Project Site. For example, third parties or affiliates may manage The Impulsivity Project advertising programmes on a non-Impulsivity Project site.

Duration of Storage of Cookies on Your Device

The duration of storage of Cookies on your device may vary, depending on the category to which they belong: temporary or permanent.

Temporary Cookies

We use temporary Cookies on all of our secure pages to assign and register a session ID. This identifier is also used for internal reporting purposes. It does not allow us to identify you personally by name and this type of Cookie does not leave any information recoverable on your hard drive. Most of our proprietary Cookies fall into this category and expire when you close your Internet browser.

Permanent Cookies

Our first-party Cookies and third-party Cookies are permanent Cookies. They allow us to understand visitors’ browsing behaviour over a longer period of time or to provide you with additional features related to your Site customisation requests and the content that you have saved or stored. They can stay on your computer for 24 hours, a week or several years, depending on their function. This means that these Cookies survive after your browser is closed and can be used by our Site to recognize your computer when you re-open your browser later.

Cookie Management

We only place Cookies on your device after you give us permission. If you do not want to receive some of the categories of Cookies used on our Site, you can use the means described below to disable them. Note, however, that we will still need to set a Cookie on your device to remember your preferences when you visit our Site again from a single browser.

At the moment, it is technically impossible for you to synchronise your settings between your browsers and your devices (your computer or your smartphone). You must set them on each browser/device that you currently use and each time you use a new browser or device.

You can decide whether to accept or reject Cookies. You can exercise your Cookie preferences by managing Cookies from your web browser. As the means by which to activate or deactivate Cookies varies from one web browser to another, you should visit your web browser’s help menu for more information on Cookie preferences. You can also configure your browser at any time to be notified of the receipt of a Cookie, so that you can decide whether you want to accept it or not. Cookies do not under any circumstances read the data from your hard drive and you can delete them from your computer at any time. You can also manage the use of Flash technologies, including flash cookies and local storage objects with the Flash management tools available at Adobe’s website.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

Consequences of Deactivation of all Cookies

If you choose to deactivate all Cookies, you may continue to use certain parts of our Site. However, some useful features may not work anymore.

Please note that if you have disabled one or more Cookies, we may continue to use the information that was collected by such Cookies before they were deactivated. However, we will cease to collect any information via the opted-out Cookie once a Cookie has been deactivated.

Changes to the Cookies Notice

This Notice may be revised occasionally and in accordance with legal requirements. Any changes made will be reflected on this Site. This Notice is specific to The Impulsivity Project operations and applies to information that you provide online, as well as other means. Please re-visit this Cookie Notice regularly to stay informed about our use of Cookies. If you have any questions, please contact us as explained below.

Contact Us

If you have questions about the use of Cookies on our Site, do not hesitate to contact us by email at: hello@impulsivity.com.au. You will also find more general information about the types of personal data we collect about you and how you may exercise your data privacy rights in our Privacy Policy.

Glossary

Cookies are text files that contain information and are downloaded to your computer or mobile device when you visit a website. They are then returned to the original website each subsequent visit or to any other website that recognizes them.

Log files are Web server files (storing information such as domain names or IP addresses, URLs, the http response code, the website from which you access ours and/or the date and length of your visit) that are created automatically when a user visits a site.

Some pages of our website contain web beacons (also known as “Internet beacons,” “web beacons” or “invisible GIFs”). A web beacon is an electronic image usually composed of a single pixel. It can be placed on a web page or in an email to transmit information, including personal data such as the IP address of the computer that downloaded the page in question, the URL of the page, the time of consultation of the page and the type of browser used, as well as the data contained in the cookies sent by a third party.

 

PRIVACY POLICY

Date of Last Revision: July 13, 2018

Our Policy

This Privacy Policy describes the data protection practices of Blue Horizon Counselling Pty Ltd d/b/a The Impulsivity Project (“Impulsivity Project,” “we,” “us,” or “our”). This Privacy Policy applies to information that we collect and use about you when you access or use The Impulsivity Project website or other online service that links to or otherwise presents this Privacy Policy to you. We refer to these products and services collectively as the “Services.”

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

This Privacy Policy contains the following sections:

    • The Information We Collect
    • How We Use Your Information
    • Legal Bases for Use of Your Information
    • Cookies and Similar Technologies
    • Online Analytics and Advertising
    • How We Share and Disclose Your Information
    • Retention of Your Information
    • Data Subject Rights and Your Choices
    • Third Party Links and Features
    • Children’s Privacy
    • International Users
    • How We Protect Your Information
    • Australian Privacy Rights
    • Changes to Our Privacy Policy
    • The Impulsivity Project Contact Information

Information We Collect

We obtain information about you through the means discussed below when we provide the Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use our Services.

1. Information You Provide to Us

We collect a variety of information that you provide directly to us. For example, we collect information from you through:

    • The Services you use or processing your orders
    • Requests or questions you submit to us via online forms, email, or otherwise
    • Your participation in sweepstakes, contests, or surveys
    • Any reviews that you submit about the Services
    • Account registration and administration of your account
    • Uploads or posts to the Services
    • Requests for customer support and technical assistance

Information about you. While parts of the Services may not require you to provide any information that can directly identify you by name (such as if you choose to browse the website without logging in), the specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:

    • Email address
    • Name, if you choose to provide it
    • Log-in credentials, if you create an Impulsivity Project account
    • Billing information, such as shipping address of a gift card recipient, credit or debit card number, verification number, and expiration date
    • Information about purchases or other transactions with us
    • Information about your customer service interactions with us
    • Demographic information such as your gender or other information you choose to provide as part of your Impulsivity Project profile
    • User-generated content you post in public forums such as when you comment on or review a class
    • Any other information you choose to directly provide to us in connection with your use of the Services

Information about others. If you request that your purchase be provided to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.

2. Information We Collect Through Automated Means

When you use our Services, we collect certain information as described in this Section. As discussed further below, we and our service providers (which are third party companies that work on our behalf) may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.

Websites. When you use our website, we collect and analyze information such as your IP address, browser types, browser language, operating system, software and hardware attributes (including device IDs) referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, the date and time you used the Services, error logs, and other similar information.

Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device.

3. Information We Collect From Social Media and Other Content Platforms

If you access the Services through a third-party connection or log-in (e.g., through a social network like Facebook or Twitter), you may allow us to have access to and store certain information from your social network profile. This can include your name, gender, profile picture, your “likes” and check-ins, and your list of friends, depending on your settings on such services. If you do not wish to have this information shared, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings. You may also have the option of posting your Services activities to Social Networking Services when you access content through the Services (for example, you may post to Facebook that you enrolled in a class on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Networking Services you have enabled will be able to view such activity.

4. Information We Collect from Others

We may receive additional information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you and improve our products, analytics, and advertising.

HOW WE USE YOUR INFORMATION

We, or our service providers, use your information for various purposes depending on the types of information we have collected from and about you, in order to:

    • Complete a purchase or provide the Services you have requested, including invoicing and accounting
    • Respond to your request for information and provide you with more effective and efficient customer service
    • Provide you with updates and information about classes in which you have enrolled
    • Contact you by email, postal mail, or phone regarding The Impulsivity Project and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
    • Customize the advertising and content you see on the Services
    • Help us better understand your interests and needs, and improve the Services, including through research and reports, and test and create new products, features, and services
    • Secure our websites and applications, and resolve app crashes and other issues being reported
    • Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
    • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others

Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Aggregate/Anonymous Data. We may aggregate and/or anonymize any information collected through the Services so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

LEGAL BASES FOR USE OF YOUR INFORMATION

The legal bases for using your information as set out in this Privacy Policy are as follows:

    • Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our websites which you accept by browsing the websites/registering; and/or our contract to provide our Services to you);
    • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our website and applications; operate our business and our Services; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing Services);
    • Where we are required to process information in accordance with Australian legal obligations; or
    • Where we have your consent, in accordance with applicable law.

COOKIES AND SIMILAR TECHNOLOGIES

To collect the information in the “Information We Collect Through Automated Means” section above, we and our service providers use Internet server logs, cookies, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a site that enable us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.

As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including flash cookies and local storage objects, with the Flash management tools available at Adobe’s website. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services. For more information about our use of cookies, please see our Cookie Policy.

ONLINE ANALYTICS AND ADVERTISING

1. Analytics

We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

2. Online Advertising

The Services may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.

Third parties may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above. These third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) may also serve tailored ads to you as you use the Internet and Internet-connected applications, and access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services to assist in this activity.

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Please note that if you exercise the choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.

3. Notice Concerning Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

HOW WE SHARE AND DISCLOSE YOUR INFORMATION

The Impulsivity Project will share your information in the following ways:

Affiliates and Subsidiaries. We may share information we collect within the Blue Horizon Counselling Pty Ltd family of companies to deliver products and services to you, ensure a consistent level of service, and enhance our products, services, and your customer experience.

Service Providers. We provide access to or share your information with select third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services.

Protection of The Impulsivity Project and Others. By using the Services, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of The Impulsivity Project, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.

Aggregate/Anonymous Information. From time to time, we may share Aggregate/Anonymous Information about use of the Services, such as by publishing a report on usage trends. The sharing of such data is unrestricted.

RETENTION OF YOUR INFORMATION

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

DATA SUBJECT RIGHTS AND YOUR CHOICES

You have certain rights with respect to your information as further described in this section.

1. Your Legal Rights

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Information” section below at any time. Your local laws (e.g., in Australia or the EU) may permit you to request that we:

  • provide access to and/or a copy of certain information we hold about you
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
  • update information which is out of date or incorrect
  • delete certain information which we are holding about you
  • restrict the way that we process and disclose certain of your information
  • transfer your information to a third party provider of services
  • revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

2. Marketing Communications and Sharing

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you, or important notifications regarding classes in which you are enrolled.

THIRD PARTY LINKS AND FEATURES

The Services contain links to third-party websites such as social media sites, and also contain third-party plug-ins (such as the Facebook “like” button and Twitter “follow” button). If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third-parties.

CHILDREN’S PRIVACY

The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without valid parental consent, we will take reasonable steps to delete it as soon as possible. We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

INTERNATIONAL USERS

The information discussed in this Policy is processed in Australia by The Impulsivity Project, whose principal office in Australia is located at Suite 704, 135 Macquarie St, Sydney, NSW 2000.

If you are located in the European Union or other regions with laws governing data collection and use that may differ from Australian law, please note that you are transferring information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. As described above, we also may subcontract the processing of your data to, or otherwise share your data with, other members within The Impulsivity Project group of companies, service providers, and business partners in countries other than your country of residence, including the Australia, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of Services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.

If applicable, you may make a complaint to the data protection supervisory authority in the country where you reside. Alternatively you may seek a remedy through local courts if you believe your rights have been breached.

HOW WE PROTECT YOUR INFORMATION

The Impulsivity Project takes technical and organizational security measures to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Please keep this in mind when disclosing any information to The Impulsivity Project via the Internet.

AUSTRALIAN PRIVACY RIGHTS

Australian law gives residents of Australia the right under certain circumstances to request information from us regarding the manner in which we share certain categories of “personal information” (as defined by applicable Australian law) with third parties for their direct marketing purposes. The Impulsivity Project does not share your personal information with third parties for their own direct marketing purposes.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Date of Last Revision” included at the beginning of the document. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

CONTACT INFORMATION

Please feel free to contact us if you have any questions about The Impulsivity Project Privacy Policy or the information practices of the Services.

You may contact us as follows:
Suite 704, 135 Macquarie St

Sydney, NSW 2000
hello@impulsivity.com.au