If you do not wish to provide personal information to us, then you do not have to do so. However, this may affect your use of this Sites or any products and services offered on it.
We also uphold your rights to privacy if you are based in the European Union, in accordance with the General Data Protection Regulation (GDPR) (EU). Your rights under the GDPR are listed below.
The term “personal information” has the meaning given to it in the Privacy Act and GDPR. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
Like many Sites operators, the Sites is developed to collect certain non-identifiable information in an automatic manner (“Log Data”). This Log Data may include information such as your Internet Protocol (IP) address, date and time of website visit, source of your visit to the website, device and operating system, versions and protocols, visited pages and sections of the Site, downloaded materials. The above collected information is further employed in system administration purposes and enhances Sites performance. Your collected Log Data may be disclosed to others or can also be permanently archived for future use. We collect your personal information directly or indirectly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect when you make an enquiry about our services, through your access and use of our website, including when you register as a member of our website, during conversations between you and our representatives, when you ask to be placed on one of our subscription/mailing lists; or when you become a client or customer of ours or otherwise use our products or services.
The data collected may include, but is not limited to, name, current mailing or residential address, email address, telephone number, age or birth date, profession or occupation.
We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service. We collect, hold, use and disclose your personal information to provide our services to you, send communications requested by you, answer enquiries and provide information or advice about existing and new services, provide you with access to protected areas of our website, and comply with any Law, rule, regulation, Lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.
If you do not provide us with the personal information described above, we may not be able to provide our products or services to you, either to the same standard or at all, be able to provide you with information about services that you may want, including information about special promotions; or to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
We may use tracking software to review and improve your experience of our Site. In particular, we may use Facebook, click funnels, and Google Analytics Advertising products: Remarketing with Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our Site traffic via Google Advertising cookies and anonymous identifiers. Data collected via these Google products is not linked with any personally identifiable information you submit while on our Site. If you wish to opt out of the Google Analytics data collection, you may do so on Google’s Site at https://tools.google.com/dlpage/gaoptout/.
As our website is linked to the Internet, and the Internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
Groups and forums
If you participate in a discussion forum, chat room or webinar, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside Somnolence + Inc. groups who have access to that discussion forum or chat room. Also, please recognise that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Somnolence + Inc.
Please be advised that for any forums or Webinars you attend, recordings can be enabled by a meeting or webinar host. By signing up for any of Somnolence + Inc.’s, or any other host authorised by Somnolence + Inc.’s webinar services or otherwise using them in any way, including without limitation by attending any Somnolence + Inc. meeting or webinar, you expressly acknowledge that we may make and store Recordings for meetings or webinars, and may make such recordings available to hosts and other Attendees at the direction of Somnolence + Inc. If you do not want to be recorded, you can choose to leave the meeting or webinar.
We may disclose your personal information to:
Our employees, contractors or service providers for the purposes of operating our websites or our business, fulfilling requests by you, and to otherwise provide services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;
Suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and
Any other organisation for any authorised purpose with your express consent.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at Law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.
Direct marketing materials
We may send you direct marketing communications and information about our services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing Laws. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our subscription/mailing list.
Security and data quality
We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. We endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or when we are no longer required by Law to retain it (whichever is the later). YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SOMNOLENCE + INC., INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SOMNOLENCE + INC. HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Legislation requires that we keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for tax purposes. In some circumstances you can ask us to delete your data; see your legal rights below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection Laws in relation to your personal data such as:
1. The right to be informed – that’s an obligation on us to inform you how we use your personal data;
2. The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the personal data we hold about you;
3. The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate;
4. The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);
5. The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;
6. The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);
7. The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and
8. Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.
These rights are subject to certain rules around when you can exercise them. If you wish to exercise any of the rights set out above, please contact us at email@example.com.
You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires correction. If we do not agree that there are grounds for correction, then we will add a note to the personal information stating that you disagree with it.
If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act and/or GDPR, if applicable).
Please contact by email the Privacy Officer or the designated individual at firstname.lastname@example.org.