Privacy Policy
This is the Privacy Policy and Terms of Service for our website address is: http://www.kateherford.com.au which was last updated November 2, 2021.
Kate Herford is committed to protecting the privacy of visitors to our website, subscribers to our newsletters, and those providing contact information.
In addition, Kate Herford is opposed to spam otherwise know as unauthorised commercial e-mail.
Please read the following Privacy Policy to understand how your personal information is treated. From time to time, Kate Herford may offer new information or services that may affect this policy. If you have any questions or concerns regarding this Privacy Policy, please send an e-mail to [email protected].
WHAT INFORMATION DO WE COLLECT & HOW IS IT USED?
Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or e-mail address. For example, you may voluntarily submit personal information to Kate Herford by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, upon making certain purchases described herein, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
Information We Collect from Others:
We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: We automatically collect certain information about you and the device with which you access kateherford.com.au. For example, when you use kateherford.com.au, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the website. We may also collect information about actions you take when using kateherford.com.au, such as links clicked.
Media: If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Cookies: We may log information using cookies, which are small data files stored on your browser. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalised experience on the website. If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. The following list includes examples of specific ways we collect personal information from our website visitors and the type of information collected:
Electronic Newsletter: To register online for our electronic newsletters, we request the following required information: (i) name, and (ii) e-mail address. The provision of an e-mail address is mandatory in order to receive our newsletter.
Contact Forms: To contact Kate Herford for the purposes of evaluating or engaging our services or to answer your questions, we utilise numerous forms throughout our site. Required information varies depending on the form and at most includes (i) name, and (ii) e-mail address. The provision of this information is mandatory in order to receive a response from Kate Herford. The provision of the remaining information requested on the registration form is optional.
Online Purchases: When you purchase a product from Kate Herford, we will utilise a third-party online shopping system. To process your payment, certain standard required information includes address and credit card information. Transactions are secured via SSL encryption and credit card details will never be e-mailed. Credit information is purged from our systems on a regular basis.
HOW YOUR PERSONAL INFORMATION MAY BE USED
Kate Herford may use your personal information in the following ways:
- To operate and maintain the website;
- To create your account, identify you as a user of the website, and customise the website to your account;
- To send you promotional information, such as newsletters. Each e-mail newsletter will provide information on how to opt-out of future mailings by unsubscribing;
- To send you administrative communications, such as administrative e-mails, confirmation e-mails, technical notices, updates on policies, or security alerts;
- To respond to your comments or inquiries;
- To provide you with user support;
- To track and measure website performance;
- To process payment for purchases you make through kateherford.com.au;
- To protect, investigate, and deter against unauthorised or illegal activity;
- To review the effectiveness of our marketing programs and analyse other general demographic trends;
- To notify you of new information or services that may be of interest to you; or,
- To send promotional materials.
Third Party Websites and Affiliate Programs
Users may find advertising, links to affiliate programs, and other content on kateherford.com.au that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.
We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. Additionally, these sites, products, and services, including their content and links, may change at any time. These sites, products, and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
DOES KATE HERFORD SHARE MY INFORMATION?
Kate Herford will not share, rent, or sell your personally identifiable information with third-parties. We may, however, share your information with third-parties when we are authorised to share such information.
Additionally, Kate Herford may use third-party service providers to service various aspects of the website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policy. Kate Herford currently uses the following third-party service providers:
Tracking: Kate Herford uses various marketing tools that help us create a better user experience for people visiting our site. These tools allow us to look at aggregated data such as scrolling patterns, clicks, and allow us to run tests to determine which pages result in the best actions. However, your personally identifiable information is not used by any of these tools. We use the following third-party service providers for tracking:
Google Analytics: Privacy Policy
Remarketing: Kate Herford uses remarketing tracking cookies and conversion pixels from vendors such as Google and Facebook to present special offers to you for our products or services over the Google Content Network and via social networks. This means you may see an ad for one of our products or services as a result of visiting our website. In addition, Kate Herford uses custom audiences based on e-mails of subscribers and customers. This allows us to present special offers for our products and services to you. However, your personally identifiable information is not used by any remarketing service other than to present you special offers from us. We use the following third-party service providers for remarketing:
Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
MLSP: Opt-out of MLSP remarketing by Unsubscribing through the email sent out.
Newsletters: Kate Herford uses ActiveCampaign and Zenler as its e-mail service provider. ActiveCampaign and Zenler collects contact information, distributes our newsletter, and tracks actions you take that assist us in measuring the performance of the website and newsletters.
Our newsletters contain tracking pixels. This pixel is embedded in e-mails and allows us an analysis of the success of our newsletters. Because of these tracking pixels, we may see if and when you open an e-mail and which links within the e-mail you click. This behaviour is not passed to third-parties. All data submitted at the time of subscription to our newsletter is stored on ActiveCampaign and Zenler servers. At any time, you may be removed from our newsletter list by clicking on the unsubscribe button provided in each e-mail.
We may also rely on a third-party service to service certain pop-up subscription boxes. Any information collected is passed through to ActiveCampaign and Zenler is not stored by any other party.
Purchases: All payments for purchases through kateherford.com.au are processed using PayPal Payflow or Stripe which collect personal information such as your name, e-mail address, address, and payment information. This service stores your name, amount of your purchase, and payment details on their site. PayPal Payflow is governed by PayPal’s Privacy Policy.
Stripe is governed by Stripe's Privacy Policy.
Upon making a purchase, you will receive e-mail confirmations to the e-mail address you provide during your purchase. These e-mails are sent through various services as outlined below:
Surveys: Periodically, we may invite you to complete a voluntary survey. Surveys are completed through Survey Monkey. Survey responses may be submitted anonymously and only your IP address is stored. You may voluntarily enter your name and e-mail address. All data submitted through Survey Monkey is stored on their servers and is subject to the Survey Monkey privacy policy.
Webinars: From time to time, Kate Herford will host webinars, which are hosted through Zoom. If you elect to participate in a webinar, you will be required to submit personal information to register and login. You may also receive e-mail communications regarding reminders and playback availability.
All information submitted for your participation is stored by the software hosting the webinar. Please consult their individual privacy policies.
Zoom: Privacy Policy
Contact Information and Website Support: We offer multiple ways to contact Kate Herford, including contact forms, e-mails, and chat. If at any time, you attempt to contact us through a contact form, the information you provide may be stored via the third-party service provider. Please check the relevant Privacy Policy.
Comments: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Distribution of personal information: Except when required by law, we will not sell, distribute, or reveal your e-mail address(es) or other personal information without your consent; however, we may disclose or transfer personal information collected through Kate Herford to third-parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganisation proceeding brought by or against us.
ANONYMOUS DATA
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
PUBLICLY VISIBLE INFORMATION If you create a user profile on kateherford.com.au or leave a comment on kateherford.com.au, certain information may be publicly visible.
COOKIES Kate Herford uses cookies to: store visitors’ preferences; record user-specific information on what pages users access or visit; ensure that visitors are not repeatedly sent the same banner ads; or customise our content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.
At any time, you may prevent the setting of cookies by the website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of Kate Herford may be entirely usable.
WHAT IF THERE ARE CHANGES TO THIS PRIVACY AND SPAM POLICY?
If we change our Privacy Policy, we will post those changes on our privacy page at https://www.kateherford.com.au.
RIGHTS RELATED TO YOUR PERSONAL DATA Opt-out: You may opt-out of future e-mail communications by following the unsubscribe links in our e-mails. You may also notify us at [email protected] to be removed from our mailing list.
Access: You may access the personal information we have about you by submitting a request to [email protected].
Amend: You may contact us at [email protected] to amend or update your personal information.
Forget: In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to [email protected].
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.
SENSITIVE PERSONAL INFORMATION At no time should you submit sensitive personal information to Kate Herford. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.
CHILDREN’S INFORMATION Kate Herford does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that Kate Herford has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
SPAM POLICY Kate Herford is strongly opposed to spam. We will only send e-mail to users that have explicitly requested to receive an e-mail from Kate Herford. Examples may include: - Opt-in subscribers to the Kate Herford Newsletter
- Provision of e-mail when joining Facebook groups.
- Users that complete a contact form.
- All communication will be related and relevant to what you have requested.
WEB LINKS
Kate Herford contains links to other sites. Please be aware that Kate Herford is not responsible for the privacy practices or the content of such other sites. We encourage our users to be aware when they leave our site to read the privacy policies of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by Kate Herford.
HOW DO I CONTACT KATE HERFORD? If you have any further questions or comments regarding the Kate Herford website or this Privacy Policy, you may contact [email protected].
LEGAL DISCLAIMER We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our site.
Terms of Service
Our Services: We provide a range of coaching and educational products and services, both through affiliate programs and developed by Kate Herford (“our Services”). The training and materials are for you to develop and promote your online, network marketing and traditional business. We reserve the right to add, change, or delete prices, content or services from the Website or our Services from time to time.
Third-Party Services Websites and Affiliate Programs: We may provide links on the Website to other websites, products, and services which are not affiliated with, under the control of, or otherwise maintained by us, and may use third parties to provide certain services accessible through the Website. We do not control those third parties or their services, and you agree that We will not be liable to you in any way, including refunds, for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies.
Third Party Referral Fees: We may receive an affiliate commission when you purchase some of the products or services that we recommend on our Website or Services. By entering into this Agreement, You acknowledge that you have been informed of such payments, consent to payments of affiliate commission to Kate Herford, and that such payments are fair and reasonable.
Memberships: Where membership services are offered and taken up by You, You agree to pay and authorise automatic recurring billing of the membership fee with your credit card, or other payment methods, until cancelled per the membership conditions. You understand and agree that each automatic recurring billing of Services is not refundable and will not be prorated.
Etiquette: You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. We ask that you respect the Website online community. Your conduct when using the Website and our Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:
- Disparage the products or services of any company or individual.
- Impersonate or represent us, our staff, or other industry professionals.
- Link to or post content not allowed on the Website.
- Solicit a user’s password or other account information. Harvest user information for any purpose.
- Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit or obscene language; or solicit or post sexually explicit images.
- Harass, threaten, or embarrass anyone.
- Post anything that you do not have the legal right to post; and
- Violate any law, or make any untrue or misleading statement;
Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that We will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.
Submissions by Others. We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website or our Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any content, 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 content posted, emailed, transmitted, or otherwise made available via the Website or our Services by third parties.
Termination: You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of the Website or our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached these Terms of Service. You acknowledge and agree that all suspensions and terminations shall be made in our sole discretion and that We shall not be liable to you or any other party for said suspension or termination.
Income disclaimer: All statements on this website regarding earnings, income, effort, and/or your likelihood of success are estimates based upon what successful clients have experienced. Your success is determined by many factors, including your desire, dedication, effort, ability to follow directions, personal talent, and consumer demand for the products and/or services in your primary business. These factors are beyond our control.
Indemnity: You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers and managers (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision these Terms of Service through any act or omission. If you have to indemnify us under this section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
Arbitration: You understand and agree that all claims, disputes or controversies that arise under or relate to these Terms of Service between You and Us, any affiliated, subsidiary or related companies including without limitation, tort and contract claims, claims based upon federal, state or local statute, law, order, ordinance or regulation, shall be resolved by the final and binding arbitration procedures set out below.
The parties acknowledge and agree that any such claims shall be brought solely in the Party’s individual capacity, and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. The parties further agree that the arbitrator shall not consolidate more than one person’s claims, and shall not otherwise preside over any form of a representative or class proceeding, The parties voluntarily and knowingly waive any right they have to a jury trial. Judgement upon any award rendered by the Arbitrator may be entered in the State of Victoria, Australia.
Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall take place in Victoria, Australia.
Warranties: We provide the website, our services, and all content on an “as is” and “as available” basis. We do not represent or warrant that the website, our service, or website content, or the use thereof:
(i) will be uninterrupted,
(ii) well be free of inaccuracies or errors,
(iii) will meet your requirements, or
(iv) will operate in the configuration or with the hardware or software you use. We make no warranties other than those made expressly in this Agreement, and hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
Exclusion of damages: We will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the website or our services, based on any cause of action, even if advised of the possibility of such damages.
Limitation of Liability: In no event will our liability in connection with your use of the website or our services exceed the amount you paid us during the 12 months immediately preceding the event that gives rise to such liability.
Indemnity: You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers and managers (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision these Terms of Service through any act or omission. If you have to indemnify us under this section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
If you have any questions or concerns regarding this Privacy Policy or Terms of Service you should contact us by emailing [email protected].