PRIVACY POLICY

Your Privacy: Overview

This privacy policy (this “Privacy Policy”) sets out the privacy policies and practices for Lulu Bella Blue Pty Ltd including it's subsiduries Owlete Active and Nirvaya, with respect to how Owlete Active collects personal information. It also describes how Owlete Active maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Owlete Active via this website and other websites operated or provided by Owlete Active, including WWW.OWLETEACTIVE.COM, WWW.OWLETE.COM.AU, WWW.OWLETEACTIVE.COM.AU, WWW.NIRVAYA.COM.AU and various subdomains (collectively, the “Sites”); and our mobile applications (the “Apps”), as well as any other applications or services that display this policy (collectively, the “Services”), and other places where or means by which we may collect personal information. This Privacy Policy also sets out how you can access certain information that Owlete Acitve may collect about you. In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, Your Contacts and other personal information collected through the Services.

Please note that the Sites may contain links to other third party websites that are not controlled or operated by Owlete Active. This Privacy Policy does not apply to such third party websites, and Owlete Active is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore Owlete Active encourages you to request and review the privacy policies of any third parties before disclosing your personal information to such parties or when visiting such third party websites.

 

Consent

BY SUBMITTING PERSONAL INFORMATION TO OWLETE ACTIVE OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT OWLETE ACTIVE MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified herein at any time by contacting Owlete Active at the address provided below. If you refuse or withdraw your consent, you acknowledge that Owlete Active may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

 

Revisions to This Privacy Policy

Owlete Active reserves the right, in Owlete Active’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, Owlete Active will treat your continued use of the Sites, Apps and Services following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. Owlete Active will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.
This Privacy Policy was last updated 25 July 2016.

 

Collection of Your Information

Owlete Active may collect personal information about you, including at the Stores or through your use of the Sites, the Apps or through your use of the Services, which may include information provided in connection with the following activities:

  • Registering or filling in forms on the Sites, the Apps or in the Stores. This includes information you may provide when you request additional information about Owlete Active’s products and services or sign up to receive Owlete Active’s e-mail newsletters or coupons.
  • Downloading and using one of our mobile applications.
  • Completing a profile or uploading information to the Sites or the Apps.
  • Purchasing any product or service from Owlete Active, whether at a Store or through the Sites or the Apps.
  • Providing design or product feedback or making other submissions to Owlete Active.
  • Requesting information or assistance from Owlete Active. Owlete Active may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
  • Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Owlete Active’s products and services.
  • Participating in consumer contests, sweepstakes and other promotions.
  • Using other features of the Sites, Apps or Services that may be offered from time to time, and may require such information in order to utilize the feature (including but not limited to making a Submission as defined in the Terms of Use).

The personal information that Owlete Active may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your Owlete Active account, profile, your Submissions (as defined in the Terms of Use), or in other communications to Owlete Active. This may include information about your height, weight, fitness and health that is provided to Owlete Active voluntarily. In addition, Owlete Acitve may collect additional information from users of our Services, such as our Apps as described in the “Apps” section below. You represent and warrant that you have the right and authority or have obtained all necessary consents (including under this Privacy Policy) to provide any information, including any personal information of another individual, that is provided by you to Owlete Active.

Owlete Active may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites and Services, the routes by which users access the Sites and Services and use of any hyperlinks available on the Sites and Services. Owlete Active or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites, Apps and Services and the Sites’, Apps’ and Services’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

 

Apps

Owlete Active may from time to time offer users the ability to download and use mobile applications. By downloading and/or using these Apps, you agree to any applicable Terms of Use, which shall be provided to you when you download the Apps and which shall be available at any time during your use of such Apps, as well as to this Privacy Policy. You may be required to provide personal information in order to use the Apps, including your first name, last name, email and password. You may have the option of providing other personal information in connection with your use of the Apps, such as your picture, your physical location, your birthdate and your gender.
If you have provided permission through your device to allow us to collect location information, Owlete Active may obtain pinpointed physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for Owlete Active to acquire pinpointed location information from your device through your device settings, although Owlete Active does not control this process. The App may use the geo-location features of that application (GPS or network-based) to support your use of location-based tools such as locating classes, teachers and studios near you.
Some of our Apps may allow you to connect with Facebook and import your Facebook information, such as your friends’ names, as well as your device contact list (collectively, “Your Contacts”) into the App for the purpose of allowing you to invite such persons to download the App or to invite them to participate in certain activities. If you agree to connect our Apps with Facebook and to share information and Your Contacts, you grant Owlete Active permission to access and use such information for such purposes provided in this paragraph of the Privacy Policy. You further represent and warrant that you have the right to share and transfer Your Contacts with Owlete Active and that Owlete Active’s use of Your Contacts for the purpose provided in this paragraph does not violate the rights of any third party. Owlete Active does not, in any way, control the information that Facebook collects from you.
You will have the option to opt-out partially or completely from any of our Apps or withdraw any permission granted to Owlete Active, and in any such case, Owlete Active will destroy and permanently de-identify personal information it holds and has collected from your use of such Apps.

 

Cookies

Like many websites, Owlete Active utilizes “cookies” to maintain a record of your visit to the Sites and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally unless you have otherwise provided Owlete Active with personal information.
Cookies help Owlete Active to improve the Sites and Services, and to deliver more personalized service by enabling Owlete Active to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites or use the Services.
Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Owlete Active’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites or the Services.

 

IP Addresses

An IP address is a computer's numeric address, by which it can be located within a network. Owlete Active may record your IP address when you visit or use services or features on the Sites. Owlete Active may use your IP address for the purposes noted above, and also to help diagnose problems with Owlete Active’s server, or to administer the Sites. Owlete Active may also use your IP address to identify you when Owlete Active feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, Services, systems, information, employees, service providers, business partners, users, customers and others.

 

Third Party Analytics and Tracking

Owlete Active uses automated devices and applications provided by third parties in connection with services such as surveys, advertising, social media management and analyzing usage of our Sites, Apps and Services. These third parties include Google Analytics (including Google Analytics’ Demographics and Interest Report) Appoxee, Mindbody, Flurry Analytics, Iconosquare, We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance, and user experiences. These entities may use cookies, tracking pixels, agents and other visitor identification and tracking technologies which collect information to perform their services. We do not share personal information that we collect directly with these third parties. However, these third parties may collect personal information directly through the use of cookies and other tracking technologies. For an explanation of the information collected by these third parties and their respective privacy policies and procedures for opting out of particular uses of your data, please go to the APPOXEE PRIVACY POLICY, FLURRY ANALYTICS PRIVACY POLICY, MINDBODY PRIVACY POLICY, ICONOSQUARE PRIVACY POLICY, and the GOOGLE ANALYTICS PRIVACY POLICY. Those wishing to opt out of Google Analytics data collection should use the GOOGLE ANALYTICS OPT-OUT BROWSER ADD-ON.
Please note that these third parties may use cookies — text files that are stored on your computer and that enable an analysis of your use of the Sites. You can prevent the collection of data concerning your use of the Sites (including your IP address), which are generated by the cookie, and the processing of that data by Google by downloading and installing the browser plug-in that is available under the following link: DOWNLOAD AND INSTALL THE BROWSER PLUG-IN.
Owlete Active collects transactional information and browse behavior on our website. Owlete Active may use such information to offer you recommendations for products and services that are relevant to your interests. Owlete Active uses the services of trusted third parties to offer you meaningful recommendations during the online experience. Owlete Active shares IP address, unique ID number, and shop and browse behavior with the third party service provider on an aggregate basis but does not share personal information for these purposes.
Owlete Active also works with trusted third parties that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may use cookies and tracking pixels to collect non-personally identifiable information such as items viewed, items added to your shopping cart and items purchased during your visits to our Sites in order to help show advertisements on other websites likely to be of interest to you. If you would like more information about this practice or to opt-out of this use of your anonymous information, please visit global.rakuten.com.

 

Protection of Your Information

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Owlete Active uses physical, technological and administrative procedures to protect the personal information that Owlete Active collects from loss, unauthorized access, modification, disclosure or other misuse.
Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the Sites, Apps or through the Services may be read or intercepted by others. If you have any questions about the security of personal information collected by Owlete Active, please contact: ADMIN@OWLETE.COM.AU
You should also be aware that certain aspects of the Sites, Apps and Services are not confidential and are available for public viewing. Any submissions that you may post to any publicly available features of the Sites, Apps and Services are not confidential and may be viewed by other users of the Sites, Apps and Services. By making personal information publicly available where the Sites, Apps and Services allow you to do so, you consent to such publication by Owlete Active or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

 

Use of Your Personal information

Upon Owlete Active's collection of your personal information, Owlete Active may use and disclose such personal information, separately or in combination with pre-existing information, for the following purposes:

  • To develop, enhance, market, sell or otherwise provide information, products or services;
  • To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Owlete Active including at the Stores, on or through the Sites or through the Apps or the Services;
  • To conduct or administer contests, sweepstakes or other promotions in which you have participated;
  • To contact you and to respond to any communications that you may have had with us;
  • To troubleshoot problems with the Sites, Apps and Services;
  • To customize your experience or homepage on the Sites;
  • To develop and manage Owlete Active's business, staff and operations;
  • To verify your identity and information;
  • To maintain and update our records;
  • To enforce Owlete Active’s Terms of Use or comply with this Privacy Policy;
  • To detect and protect Owlete Active and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Owlete Active’s policies and contractual obligations;
  • To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Owlete Active;
  • As permitted by, and to comply with, any legal or regulatory requirements or provisions;
  • To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if Owlete Active is required to do so by law or legal process or if Owlete Active determines, in its sole discretion, that such action is necessary to protect the rights of Owlete Active, third parties, and other users of the Sites or for purposes of responding to your request for customer service; or
  • For any other purpose to which you consent.

Owlete Active may not be able to do these things without your personal information. For example, we may not be able to communicate with you and respond to your enquiries. Personal information collected by Owlete Active may be transferred to, stored and processed in the countries listed in Appendix A. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction. To the extent permitted by law, Owlete Active will not be responsible under the laws of your country of residence for the conduct of any parties to whom Owlete Active discloses your personal information outside that country, and you may not be able to seek redress under those laws.

 

Disclosure of Your Information

Owlete Active may disclose your personal information to its subsidiaries or affiliates and to third parties whom Owlete Active hires to provide services on Owlete Active’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Owlete Active’s products and services. These subsidiaries, affiliates and third parties may be located overseas. Owlete Active will only provide those third parties with the personal information that they need to deliver the services to Owlete Active and/or on Owlete Active’s behalf. Owlete Active will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent. In the event that Owlete Active is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Owlete Active, you consent to your personal information and any other information Owlete Active may have collected being transferred to another party in connection with such transaction. You also consent to Owlete Active disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Owlete Active’s business or operations; as consented to by you from time to time, including to fulfil any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

 

Retention of Your Personal information

The personal information that you provide will be retained by Owlete Active in accordance with applicable laws. Owlete Active holds personal information electronically and in hard copy form, both at Owlete Active premises and with the assistance of service providers. However, Owlete Active will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Owlete Active business purposes.

 

Choice and Opt-Out Preferences

If, at any time, you prefer not to receive further promotional email communications from Owlete Active, you will have the ability to unsubscribe from such communications by means of a link provided in every promotional e-mail that is sent to you by Owlete Active. You also have the ability to unsubscribe from such communications by CONTACTING US BY EMAIL.

 

Access and Correction

Owlete Active will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions provided by law, Owlete Active will give you access to that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Owlete Active holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Owlete Active will take reasonable steps to correct the information so that it is accurate, complete and up to date.

 

Request for Access and Correction, Questions or Comments

Owlete Active welcomes questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or comments should be directed to the Owlete Active Privacy Officer at:


Owlete Active

Attention: Customer Service
24 Denison Parade
North Lakes Queensland Australia 4509
Email: Admin@Owlete.com.au
Phone 0409 050408

Owlete Active takes your privacy concerns seriously. Where you express any concerns that we have interfered with your privacy, we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns, and may need to engage or consult with other parties in order to investigate and deal with your issue. We will keep records of your request and any resolution.

 

Appendix A

A Personal information collected by Owlete Active may be transferred to, stored and processed by Owlete Active and its service providers in countries including:

  • Australia
  • Canada
  • Countries in the European Union
  • Israel
  • Singapore
  • The United Kingdom
  • United States

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