Legals

Legal Policies You Accept By Using This Site

 

Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of SimplyAwake.com. The use of the Internet pages of SimplyAwake.com is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to SimplyAwake.com. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, SimplyAwake.com has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of SimplyAwake.com is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • a) Personal data

    Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) Data subject

    Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • c) Processing

    Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d) Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e) Profiling

    Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f) Pseudonymisation

    Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g) Controller or controller responsible for the processing

    Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h) Processor

    Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

    Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  • j) Third party

    Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k) Consent

    Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

SimplyAwake.com
C/o- 18 Dampier Grove
3132 Mitcham
Australia
Phone: +61411542954
Website: https://administrivia.com.au/

 

3. Collection of general data and information

The website of SimplyAwake.com collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, SimplyAwake.com does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, SimplyAwake.com analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

3.1 What personal data we collect and why we collect it
3.1.1 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.

An anonymised 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.

3.1.2 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.

3.1.3 Contact forms

If you submit any form on this site to contact us, subscribe to get a gift, service or other offering of any nature, we are collecting your contact details to be able to provide that service. We will keep records of this indefinitely so we can better serve you in future.

3.1.4 Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The “Help” feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

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.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

3.1.5 Embedded content from other websites

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.

3.1.6 Ecommerce

We collect information about you during the checkout process on our store. While you visit our site, we’ll track:

  • Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
  • Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
  • Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!

We’ll also use cookies to keep track of cart contents while you’re browsing our site.

When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:

  • Send you information about your account and order
  • Respond to your requests, including refunds and complaints
  • Process payments and prevent fraud
  • Set up your account for our store
  • Comply with any legal obligations we have, such as calculating taxes
  • Improve our store offerings
  • Send you marketing messages, if you choose to receive them

If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders. We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order indefinitely for tax and accounting and marketing purposes. This includes your name, email address and billing and shipping addresses.

We will also store comments or reviews, if you choose to leave them.

3.2 Who we share your data with
3.2.1 How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Site Security – Security logs are retained for 14 days.

3.2.2 What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

3.3 Where we send your data, and who we send it to
3.3.1 Comments

Visitor comments may be checked through an automated spam detection service provided by Akismet.com (Akismet Privacy Policy).

3.3.2 Ecommerce

We share information with third parties who help us provide our orders and store services to you. We accept payments via multiple third party payment gateways including (and please refer to the privacy policies related to) PayPal (PayPal Privacy Policy), Stripe (Stripe Privacy Policies) and Partial.ly (Partial.ly Privacy Policy). When processing payments, some of your data will be passed to the payment gateway including information required to process or support the payment, such as the product name, purchase total and billing information.

3.3.3 Site Security

This site is scanned for potential malware and vulnerabilities by Sucuri’s SiteCheck. We do not send personal information to Sucuri; however, Sucuri could find personal information posted publicly (such as in comments) during their scan. For more details, please see Sucuri’s privacy policy.

In order to ensure file integrity, iThemes Security pulls data from wordpress.org, ithemes.com, and amazonaws.com. No personal data is sent to these sites. Requests to wordpress.org include the WordPress version, the site’s locale, a list of installed plugins, and a list of each plugin’s version. Requests to ithemes.com and amazonaws.com include the installed iThemes products and their versions. For wordpress.org privacy policy details, please see the WordPress Privacy Policy. For ithemes.com privacy policy details, please see the iThemes Privacy Policy. Requests to amazonaws.com are to content added and managed by iThemes which is covered by the Amazon Web Services Data Privacy policy.

When running Security Check, ithemes.com will be contacted as part of a process to determine if the site supports TLS/SSL requests. No personal data is sent to ithemes.com as part of this process. Requests to ithemes.com include the site’s URL. For ithemes.com privacy policy details, please see the iThemes Privacy Policy.

This site is part of a network of sites that protect against distributed brute force attacks. To enable this protection, the IP address of visitors attempting to log into the site is shared with a service provided by ithemes.com. For privacy policy details, please see the iThemes Privacy Policy.

3.4 Who on our team has access

Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:

  • Order information like what was purchased, when it was purchased and where it should be sent, and
  • Customer information like your name, email address, and billing and shipping information.

In addition our tech support members have access to all the types of data being collected by this site.

Our team members have access to this information to enable the delivery of the website’s functionality as stated herein, and to help fulfill orders, process refunds and support you.

4. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

5. Rights of the data subject

  • a) Right of confirmation

    Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

  • b) Right of access

    Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
    • the existence of the right to lodge a complaint with a supervisory authority;
    • where the personal data are not collected from the data subject, any available information as to their source;
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

    Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right to rectification

    Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten)

    Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

    If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by SimplyAwake.com, he or she may, at any time, contact any employee of the controller. An employee of SimplyAwake.com shall promptly ensure that the erasure request is complied with immediately.

    Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of SimplyAwake.com will arrange the necessary measures in individual cases.

  • e) Right of restriction of processing

    Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by SimplyAwake.com, he or she may at any time contact any employee of the controller. The employee of SimplyAwake.com will arrange the restriction of the processing.

  • f) Right to data portability

    Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    In order to assert the right to data portability, the data subject may at any time contact any employee of SimplyAwake.com.

  • g) Right to object

    Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

    SimplyAwake.com shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

    If SimplyAwake.com processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to SimplyAwake.com to the processing for direct marketing purposes, SimplyAwake.com will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by SimplyAwake.com for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

    In order to exercise the right to object, the data subject may contact any employee of SimplyAwake.com. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

    Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, SimplyAwake.com shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

    If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of SimplyAwake.com.

  • i) Right to withdraw data protection consent

    Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

    If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of SimplyAwake.com.

6. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.

Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

7. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

8. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

9. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).

Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

10. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW.

 


TERMS & CONDITIONS

If you have any questions about the terms and conditions, please contact us.

We ask you to read these terms and conditions before you use a service, purchase a product or access one of our programs.

Our programs, products and services are owned and operated by SimplyAwake.com.

These terms and conditions contain information’s how you, our programs, products or services and content may and may use.

We have the right to adjust the general conditions at all times. By using our program, products and services, you agree to the terms and conditions as described here and are also legally bound by these terms and conditions.

Whether you have read it or not.

When you purchase and use a product, service or program from us, you automatically agree to the terms and conditions.

Intellectual property

All our programs, products, services and content plus related materials are owned by SimplyAwake.com at all times.

It is protected by copyright and company law and may not be copied or copied under any circumstances.

This applies to the content, look and feel, layout, design, appearance, graphic design, program material and all related attributes and materials offered by us to the users of our programs, products and/or services. Affiliates and/or third parties with whom we cooperate do not have the right to use and/or reproduce our programs, products and services.

By purchasing our programs, services and products, we will only give you the right to go through and use them in the format that’s presented to you.

*You may download and print the program for personal use.

*You do not have the permission to share, sell, duplicate, publish and/or have it passed through/used by third parties.

All logos, logos visible at our programs, products and services are the property of SimplyAwake.com.

Any form of promotional material, product titles, symbols may not be used for any purpose other than that specified in our programs, products and services.

We have every right to take immediate legal action if our terms and conditions are not met.

By accepting these general terms and conditions, you agree that you understand that our programs, products and services have taken a lot of time and energy.

It has been developed and maintained with large investments, so these programs, products and services are very valuable, special and unique, especially because they have never been done before.

That is why we are protecting our rights here.

If you purchase our programs, products and services, you consent to the following;

You will not copy, share and/or steal our programs, products, services, and all content and materials associated with it.

You will not use our programs, products, services and all content and materials in a way that you or a third party seem to be the owner of this information and/or it has been developed by you or a third party.

You will not modulate, copy, reproduce, download, post, translate, sell, or use any of our programs, products, services, and all content and materials for your personal use for business or commercial purposes to make money.

You will not share, sell or distribute our programs, products, services, and all content and materials we provide for your personal use to any other person for their personal, business or commercial purposes. If you do so and copy, distribute or resell it to third parties, you are responsible for this.

You will not damage our programs, products, and services by using our programs, products, services, content and all materials associated with them for your own training purposes. Under no circumstances do you have the right to use our knowledge and content for this purpose.

The right is at all times with SimplyAwake.com.

All other property and rights not mentioned here that are part of the SimplyAwake.com programs, products and services should not be used unfairly either. At the time you purchase a program, product or service from us, you consent to all items listed in these Terms and Conditions. This also tells you to understand that if one or more of the above points is violated this is punishable and we have the right to hold you responsible for these offenses.

Link(s) and photo’s/video’s protection:

The systems, knowledge and expertise we share with you in our programs, products and services should not be shared without our permission, even what we share in the private community.

By posting material of our programs, products, services and all channels associated with it such as comments, messages, photos, videos and images or other contributions, you give us permission, and all parties have been authorized by us to use this material.

Unlimited, rights-free, worldwide.

You authorize us to use this material and knowledge to further improve our services and develop new programs, products and services.

We do not need to ask for permission and we do not need to compensate you for this. Not at a later stage either.

Videos and photos taken at our live events/retreats/workshops, in our facebook group or in another place in our programs, we may use them without permission. Images of your appearance, your voice or something that comes close to it are also free for us to use for marketing purposes.

You also allow us to use your comments, posts, photos, videos and images for promotion.

Request permission to use our content:

If you wish to use our content in a manner other than that permitted in our programs, products and services, you must request permission in writing. You can contact us here.

We would like to make it clear that you may not use our programs, products and services and all materials associated with them in any other way until you have received our written consent.

If you do not use our content in any other way before you have received this permission, this will be seen as a criminal offense to copy, steal or unfairly share our content, as mentioned above. And you are immediately asked to stop the unfair use of this. We are authorized to take measures to protect our intellectual property and to take all actions necessary to achieve this.

Personal responsibility and assumption of risk:

As participant, you agree that you are responsible for your judgment in the use of our programs, products, services and/or materials. And you agree that this is at your own risk.

Our programs, products, services and/or materials are for information and education purposes only.

You agree that no results will be guaranteed with the use of our programs, products, services and/or materials.

Our programs, products, services and/or materials are only intended’s provide you with education and tools that help you make the right decision for yourself. Only you are responsible for the actions, decisions and results based on the use, abuse or non-use of our programs, products, services and/or materials.

We take all precautions to protect all our programs, products, services and/or materials, despite the nature of the Internet, we cannot provide a complete guarantee regarding the security of our programs, products, services and/or materials or any contribution or information provided on or through our website, programs, products, services and/or materials. Contributing and/or providing your information through our programs, products, services and/or materials is completely at your own risk. We do not give any guarantee regarding our ability to prevent any damage done to you or any other person, company or entity resulting from the use of our programs, products, services and/or materials. You agree that you are aware of these risks.

Disclaimer:

Our programs, products, services and / or materials are for informational and educational purposes only, to the extent permitted by law, we are not liable for any direct or indirect damage or consequential damage caused by you or others in connection with our programs, including, without limitation, any liability for any accidents, delays, injuries, damage, loss, death, loss of profits, personal or business interruption, misapplication of information, physical or mental illness, disorder or problem, physical, mental, emotional or spiritual injury, loss of income, loss of business, expected savings, loss of data, loss of goodwill, waste of time or any loss or damage of any kind, regardless of whether these costs are caused by negligence, breach of contract or otherwise, even if it was foreseeable. You acknowledge and agree that we are not liable for any defamatory, abusive or illegal behavior of other participants in our programs, products, services or program materials, including yourself.

Medical disclaimer:

Our programs, products, services and / or materials are in no way medical or mental advice. The information you receive through our programs, products, services and / or materials has no intention of being a substitute for professional medical advice, diagnosis, treatment that you have received from your psychologist, psychiatrist, therapist in any form thereof, coach, certified nutritionist, dietician or other registered health professionals. Never withhold or delay in engaging professional medical and / or mental help through information that you have seen, read or heard in one of our programs, products, services and / or materials.

Never stop taking medication without talking to your doctor, psychiatrists or other healthcare provider in this area.

If you suspect that you have a medical or mental problem, contact your doctor or other healthcare provider immediately.

Our programs, products, services and / or materials do not provide medical and / or mental care.

Our programs, products, services and / or materials do not provide medical advice.

Financial and legal disclaimer:

Our programs, products, services and / or materials should never be taken or held responsible for business, financial or legal advice. The information you receive through our programs, products, services and / or materials is not a substitute for professional advice, which can be provided by your accountant, lawyer or financial adviser.

We do not provide financial or legal advice in any way.

You are responsible for contacting your accountant, lawyer or financial adviser when it comes to questions or concerns regarding your income, tax, VAT, focused on your financial and legal situation.

You agree that we are not responsible for your earnings, the success or failure of your business decisions, the rise or fall of your finances and / or income level, or any other result, in whatever form, that could arise from or is a result of the information you have received through our programs, products, services and / or materials. You are responsible for your results.

Warranties disclaimer:

We give no guarantees regarding our programs, products, services and or materials. You agree that programs, products, services and / or materials are delivered as they are and without any explicit or implicit guarantees. To the extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness or specific purpose. We do not guarantee that the programs, products, services and / or materials will be functional, continuous, correct, complete, suitable or error-free, that defects will be corrected, or that the website or part of the website, content is free of viruses or other harmful components. We make no warranty or comment on the use or results of the use of our program, product, services and / or materials on third-party websites with regard to accuracy, accuracy, timeliness, reliability or otherwise.

Technology Disclaimer:

We try to ensure that the availability and delivery of our programs, products, services and / or materials is uninterrupted and error-free, including our content and communication via methods / software and tools, such as our website, private facebook groups, e-mail communication, videos, audio recordings, webinars, recorded webinars, e-mails, downloadable mp3 audio, files, downloadable pdf files, slides, handouts, e-books or other materials that we submit to you provided. However, we cannot guarantee that your access will not be suspended or limited from time to time, including repairs, maintenance or updates, although we naturally try to limit the frequency and duration of suspension or limitation. To the maximum extent permitted by law, we are not liable to you for damages or refunds, or for any other redress, should our programs, products, services and / or materials become unavailable or if access becomes slow or incomplete as a result for any reason, such as system backup procedures, internet traffic, upgrades, server overload requests, general network errors or delays or any other cause that may make our program, products, services and / or materials inaccessible from time to time for you.

Errors and omissions:

We give no guarantee or guarantee as to the accuracy, timeliness, completeness or suitability of the information in our program, products, services and / or materials. You acknowledge that such information may contain inaccuracies or errors and we are not liable for such inaccuracies or errors to the maximum extent permitted by law.

Compensation:

You agree at all times to defend, compensate and indemnify our company, as well as our employees, directors, shareholders, affiliates, joint venture partners, successors, transferees, assigns and licensees, and, if applicable, from and against all claims, compensation, liability, costs and expenses, including legal costs and expenses, arising from or related to our programs, products, services and / or materials.

Limitation of liability:

We are in no way responsible or liable for the information in or about our programs, products, services and / or materials. We are not liable for accidents, delays, injuries, damage, loss, illness, death, lost profits, personal or business interruptions, misuse of information, physical or mental illness, situation or problem, or otherwise, as a result of an action or non-performance of anyone within our company, whether it be owners, staff, JV partners, contractors, sellers, affiliates or otherwise. We are not liable for any owner, staff, joint venture partner, contractor, seller, affiliate or otherwise who provide our programs, products, services and / or materials, in any way or at any location. In the event that our programs, products, services and / or materials or other information have been supplied to you by us or our affiliates, we assume no responsibility whatsoever.

Your behavior:

  • You agree that you will not use our programs, products, services and / or materials in a manner that damages, interrupts or affects the programs, products, services and / or materials. You understand that you are responsible for all electronic communication and content that is sent from your computer to this website and its content.
  • You may only use the programs, products, services and / or materials for legally permitted purposes. You agree that you will not use our programs, products, services and / or materials in any of the following ways:
    • For fraudulent purposes or in connection with a criminal offence or otherwise an illegal activity.
    • Send, use or reuse material that is illegal, offensive, offensive, indecent, harmful, defamatory, threatening, invasive of privacy, breach of trust, breach of intellectual property rights or that may injure others.
    • To send, negatively influence or infect our programs, products, services and / or material with software viruses or any other harmful or similar computer code for the purpose of adversely affecting the operation of computer software or hardware, commercial recruitment, chain letters, mass mailings or any spam, whether or not intended.
    • To cause annoyance, inconvenience or unnecessary stress.
    • Acting as a third party or otherwise mislead.
    • To reproduce, duplicate, copy or resell part of our programs, products, services and / or materials in a manner that is not in accordance with these terms of use or any other agreement with us.

Communication guidelines:

If you have a question about your programs, products, services and / or materials, you can contact us and we will do our best to respond to your question as quickly as possible.

Sign in to your account to manage your communication preferences.

Purchases and Online Purchase:

If you pay with an internet banking or credit card, you give us permission to automatically charge the amount via the card or your account. If you pay with monthly installments, or ongoing subscription payments at any frequency, you must sign a contract stating that you are legally creditworthy and reliable. With this you authorize Partial.ly and Stripe.com and therefore SimplyAwake.com to be able to collect installments and subscription payments.

In the event that the payment is not received within the specified period, we have the right to immediately stop the program, product and / or services and withdraw access to all materials included.

If you do not pay in time in accordance with these terms of use or voluntarily decide to withdraw from our programs, products or services at any time or for any reason, you remain fully liable for the full costs of the programs, products and / or or services.

All information obtained during your purchase or transaction for our programs, products and services and all information that you provide as part of the transaction, such as your name, address, payment method, credit card number and billing information, can be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person from whom you are legally entitled to do so or for whom you have received express permission to provide their name, address, payment method, credit card number and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our programs, products, services and / or materials solely for legal, non-commercial purposes and not for speculative, false, fraudulent or illegal purposes.

Since we have a clear refund policy in these terms of use that you agreed to before you completed the purchase of one of our programs, products or services, we will not tolerate or accept any form of recovery or actual recovery from your credit card company, payment provider or bank. In the event that a recovery is placed on a purchase or we receive a recovery threat during or after the purchase, we reserve the right to report incidents to all relevant authorities.

The reported information includes your name, e-mail address, order date, order amount and billing address. Abusers who are in arrears in payment and wish to be removed from the database pay the amount of the recovery. You agree that we are not responsible or liable for any loss, damage, refunds or other items of any kind incurred as a result of such transactions with a seller. Companies and sellers who process payments may have a pricing policy and methods for collecting data that are different from ours. We are not responsible or liable for these independent policies of the payment processing companies and vendors. When you make certain purchases through our programs, products or services, you may also be subject to the additional terms and conditions of a payment processing company, vendors or us that specifically apply to your purchase. For more information about a provider and the associated terms and conditions, go to the website of that seller and click on the information link or contact the seller directly.

You release us, our affiliates, our payment processing company and vendors from any damage you incur and agree not to enforce any claims against us or them arising from your purchase through or the use of our website or its content.

Monthly costs:

If you use monthly services, programs, retreats / events / other activities, the payment must be made as agreed. In the absence of payment, SimplyAwake.com retains the right to stop all services. SimplyAwake.com is not liable for damage suffered by the customer as a result of the service not being continued. SimplyAwake.com holds the right to postpone retreats/events for one time even when the payment has made. This due to unexpected circumstances.

Restitution:

Your satisfaction with our programs, products, services and materials is important to us. But due to the extensive time, effort, preparation and care that is spent on making and / or delivering our programs, products, services and / or materials, we have a very strict refund policy.

Much of our content is digital and therefore a long-term refund policy can lead to the theft of our materials. Unless otherwise provided by law, you acknowledge that we do not offer a refund for any part of your payment for one of our 1:1 services, in person retreats/workshops/events, online programs or other products and / or materials. And that you will not be reimbursed. This applies to all online and offline products and / or services.

Please note, there are no refunds.

If you are not satisfied with your purchase, we welcome you to contact us, to provide feedback.

Termination:

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by contacting us.

We reserve the right, at our discretion, to refuse or terminate your access to our programs, product, services and / or materials, in whole or in part, at any time and without prior notice by sending you an email to the email. e-mail address you provided when purchasing the program, product or service.

In the event of cancellation or termination by one of us, you have 48 hours to pay any remaining payments or balances that you owe us. Even if this contains a payment arrangement, this also applies for 48 hours.

Upon termination by one of us, we reserve the right to immediately refuse or terminate your access to all aspects of our programs, products, services and / or materials, including our website, private forum, e-mail communication, facebook groups. Just like any other communication method relating to our programs, products, services and / or materials at any time without prior notice and at our own discretion.

All provisions of these terms of use, including and not limited to all copyrights, trademarks and intellectual property rights, disclaimers, limitations, liability, release of claims and our refund policy, will still apply now and in the future, even after termination by you or us.

It is hoped that if we ever have differences, we can work them out together via email correspondence. However, if we are unable to reach a solution within a reasonable time, please contact us and state all the reasons for dissatisfaction with our program, product or service. You now understand and agree that the only solution that can be granted is a full refund of the payment made up to then. No other actions or financial rewards for consequential or other types of damages may be granted to you. With the exception of expenses incurred during training weekends and / or other physical appointments, for example. We both agree that the decision is final and binding, and can be filed as a judgment in a court of jurisdiction.

By purchasing our programs, products or services, you agree to the arrangement that within one year from the date of your e-mail to me, referred to above, you waive the right to seek dispute resolution or to take other legal steps.

In the event of a dispute between us, you agree not to engage in conduct or communications, whether public or private, including on social media, intended to belittle us, our company, or any of our programs, products or services or to damage the reputation. At the request of the law, it is of course not forbidden to share your opinion as part of a possible legal process.

If any of the terms of these terms of use are invalid or unenforceable for any reason, this does not affect the validity or enforceability of any other terms that will have full force and effect.

Courses / Retreats / Workshops / Events:

The price of the courses, retreats, workshop, events as mentioned on the website are binding. However, SimplyAwake.com has the right to change the prices at any time, on the understanding that after confirmation of a training the then current price will remain unchanged.

SimplyAwake.com reserves the right to move the courses, retreats, workshop, events to a different date at any time. Should this occur, nothing will change in the agreement made for both parties.

If payment is not made on time, the participant owes default interest of 1% per month, compounding monthly, from the original due date.

In addition, if the collection has to be transferred to third parties for collection, all associated costs, both in and out of court, will be borne by the participant. The participant remains jointly and severally liable for payment of the participation costs at all times.

Validity period:

Our online programs have a maximum validity of 1 year (12 months).

If this period expires, a one-off or a monthly fee can be extended by 1 year, provided that the participant and SimplyAwake.com both support this.

SimplyAwake.com reserves the right to terminate this extension agreement at any time.

Passwords:

To use certain functions of our programs, products, services and / or materials, you can use a user name and password for a group or a unique individual user name and password that you will receive through your registration and / or purchase process. You may change the username and / or password of your choice. You are responsible for maintaining the confidentiality of the password and account and you are responsible for all activities (by you or by others) that take place under your password or account. It is not allowed to share your username and / or password with anyone. If we hear that you have shared your username and / or password with another person, we reserve the right to immediately access your program, product, services and / or materials, website, private forum, facebook group or any other related communication to end. It is your responsibility to protect your own password against disclosure to others. We cannot and will not be liable for any loss or damage that results from your failure to protect your password or account information. You are responsible for activities that take place with your password and in your account. If you share your password (s) with someone, they can gain access to your personal information at your own risk. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and to ensure that you leave your account at the end of each session. By using our programs, products and services, you agree to enter correct and correct information as part of the registration, purchasing process and otherwise. If you enter an incorrect email address, we have the right to deactivate your account immediately. We will do our utmost to keep your password private and will not otherwise share your passwords without your permission, except where necessary when required by law or in the strong belief that such action is necessary, especially when disclosure is necessary for legal personality to identify, contact, or take legal action against anyone who may cause harm to others or interfere with our rights or property.

If you have any questions about these terms and conditions, please contact us.