Privacy Policy

We recently updated our Privacy Policy to clarify how we protect your personal information in keeping with the EU’s new General Data Protection Regulation (GDPR). Last modified on May 29, 2018. Effective 25 May, 2018. 

Please read this Privacy Policy before using this site or submitting any personal information. By using this website, you accept the privacy practices contained in this Privacy Policy. These privacy practices may change from time to time, but any changes will be posted. You are encouraged to review the Privacy Policy whenever you visit the website to make sure you understand how any personal information you provide will be used. Contact us if you have any questions – our contact details are at the end of this Privacy Policy.

This Privacy Policy, along with our Term & Conditions, governs your use of this website. By using nowbysml.com (the “Website”), or by accepting the Terms of Use (via opt-in, checkbox, pop-up, or clicking an email link confirming the same), you agree to be bound by our terms and this Privacy Policy.

You providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it. You can unsubscribe at the bottom of any email from NOW BY SML or contact us at connect@nowbysml.com

We recognise the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use, and safeguard the Personal Information you provide to us and to assist you in making informed decisions when using our websites. This policy will be continuously assessed against new technologies, business practices, and our customers’ needs.

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this website or any products and services offered on it.

 

Website Privacy Policy

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

[Our website uses cookies.  By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.]

(1) What information do we collect?

We may collect, store and use the following kinds of personal information:

[(a) information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation.

[(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services. This may include your first and last name, email address, phone number, postal address, skype id. 

[(c) information that you provide to us for the purpose of registering with us, which may include your first and last name, email address, phone number, postal address, skype id. 

[(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters. We store your information in Aweber, Squarespace and our email. If you want your information taken off you can contact us at connect@nowbysml.com to have all of your information removed and deleted. 

[(e) any other information that you choose to send to us.

[(f) we may contact you if we believe you subscribed to our newsletter, and have a legitimate interest in hearing from us. 

[(2) Cookies

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. 

We [may] use [both] [“session” cookies] [and “persistent” cookies] on the website.  [We will use the session cookies to: keep track of you whilst you navigate the website; and [other uses].]  [We will use the persistent cookies to: enable our website to recognise you when you visit; and [other uses].] 

[Session cookies will be deleted from your computer when you close your browser.]  [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.]

[We use Google Analytics to analyse the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store this information.  Google's privacy policy is available at: http://www.google.com/privacypolicy.html.]

[Our [advertisers/payment services providers] may also send you cookies.]

[We publish Google Adsense interest-based advertisements on our website.  These are tailored by Google to reflect your interests.  To determine your interests, Google will track your behaviour across the web using cookies.  You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences/.  You can opt-out of the Adsense partner network cookie at: http://www.google.com/privacy_ads.html.  However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.]

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies.  For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.  Blocking all cookies will, however, have a negative impact upon the usability of many websites[, including this one].]

 

(3) Using your personal information

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

a) enable your use of the services available on the website;

b) send to you goods purchased via the website, and supply to you services purchased via the website;

c) send statements and invoices to you, and collect payments from you;

d) send you general commercial communications;

e) send you email notifications which you have specifically requested;

f) send you marketing materials, advertisements via this site or another site. 

send to you [our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);]

deal with enquiries and complaints made by or about you relating to the website; and

market to you through third party sights such as Facebook, Adroll, or other sites which permit the use of paid advertising to target visitors that have came to our website. 

As discussed above, we  may share  your information with trusted third parties such as our  newsletter provider in order to contact you via  email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.

Note  that whenever  you voluntarily make your Personal Data available for viewing  by others online through this Website or its content, it may  be seen, collected and used by others,  and therefore, we cannot be responsible for  any unauthorized or improper use of the information  that you voluntarily share (i.e., sharing a comment on  a blog post, posting in a Facebook group that we manage,  sharing details on a group coaching call, etc.)

[We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.]

[All our website financial transactions are handled through our payment services provider, PayPal and Stripe.  You can review the PayPal and Stripe privacy policy at www.paypal.com and https://stripe.com/au.  We will share information with  PayPal and Stripe only to the extent necessary for the purposes of processing payments you make via our website and dealing with complaints and queries relating to such payments.]

Your Rights to Control Your Information

You have the right to update, edit, or delete your information from our database. You may “unsubscribe” from our list at any time, by clicking the “unsubscribe” button at the bottom of any email we send you from our list. 

(4) Disclosures

We may disclose information about you to [any of our employees, officers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose your personal information: 

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

[(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling; and]

[(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.]

Except as provided in this privacy policy, we will not provide your information to third parties.

 

[(5) International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

Information which you provide may be transferred to countries [(including [countries])] which do not have data protection laws equivalent to those in force in our home jurisdiction. 

[In addition, [personal information that you submit for publication on the website] will be published on the internet and may be available, via the internet, around the world.  We cannot prevent the use or misuse of such information by others.]

You expressly agree to such transfers of personal information.]

(6) Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. 

[We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted [using SSL technology].]

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

[You are responsible for keeping your password and user details confidential. We will not ask you for your password (except when you log in to the website).]

Your Personal Data will only  be accessed by those who help  to obtain, manage or store that  information, or who have a legitimate  need to know such Personal Data (i.e.,  our hosting provider, newsletter provider,  payment processors or team members).It is important  to note that we may transfer data internationally. For  users in the European Union, please be aware that we transfer  Personal Data outside of the European Union. By using our Website  and providing us with your Personal Data, you consent to these transfers  in accordance with this Privacy Policy.

(7) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website.  You should check this page occasionally to ensure you are happy with any changes.  

[We may also notify you of changes to our privacy policy by email.]  

(8) Your rights

[You may instruct us to provide you with any personal information we hold about you.]  [Provision of such information will be subject the payment of a fee.]  [We may withhold such personal information to the extent permitted by law.]

[You may instruct us not to process your personal information for marketing purposes by email at any time.  In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.]

(9) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

(10) Updating information

Furthermore, it is your responsibility to please let us know if the personal information which we hold about you needs to be corrected, updated or deleted. Further to this point, should you require to know what information we have on file, and stored for you, please contact us at: connect@nowbysml.com

(11) Contact

If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email to [connect@nowbysml.com]

(12) Data  Retention

We  retain  your Personal  Data for the minimum  amount of time necessary  to provide you with the information  and / or services that you requested  from us. We may include certain Personal  Data for longer periods of time if necessary  for legal, contractual and accounting obligations.

(13) Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

(14) Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. NOW BY SML aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

15) COPPA Compliance

You must be 18 years old or older to gain access to our website www.nowbysml.com and you must have the requisite mental capacity to enter into this Privacy Policy and agree to it.  This website, www.nowbysml.com is not intended for those under 18, in compliance with COPPA (Children’s Online Privacy Protection Act.) We do not knowingly collect or request any information from or market to children under the age of 18. If we learn we have collected or received personal information from a minor under 18, we will delete this information, and/or attempt to obtain parental consent. If you have any reason to believe we may have unknowingly collected data from a minor, please let us know by sending us an email at: connect@nowbysml.com

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Spiritual Boss Babe LLC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us at: connect@nowbysml.com


Website Disclaimer/ Terms or Use

We recently updated our Privacy Policy to clarify how we protect your personal information in keeping with the EU’s new General Data Protection Regulation (GDPR). Last modified on May 29, 2018. Effective May 25, 2018. 

WEBSITE DISCLAIMER

Credit

This document was created using a Contractology template available at http://www.contractology.com.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  NOW BY SML makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, NOW BY SML does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

NOW BY SML will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if NOW BY SML has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit NOW BY SML’s liability in respect of any:

  • death or personal injury caused by NOW BY SML negligence;
  • fraud or fraudulent misrepresentation on the part of NOW BY SML; or
  • matter which it would be illegal or unlawful for NOW BY SML to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, NOW BY SML has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against NOW BY SML ’s officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect NOW BY SML ’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as NOW BY SML.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Purchases and Sales

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

The purchase price of products or services may be changed or altered at any time, product descriptions, items, quantities, and all information relating to products may also be modified at any time.,

When you place a sale with us you are agreeing that you are over 18 years old. You are agreeing that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the product or service. 

Sales Refunds

All sales are final. As such, no refunds are available.

Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of NSW Australia. You hereby consent to binding arbitration in the State of NSW to resolve any disputes arising under this Terms of Use.

Limitation Of Liability

In no event shall NOW BY SML nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, personal, physical, emotional, mental consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Contact

If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email to [connect@nowbysml.com]