Privacy Policy
Daily Mentoring Pty Ltd (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.
The information we collect
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
Identity Data including your name, age, and gender.
Contact Data including your telephone number, address and email.
Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).
Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or analytics), and communications with our website.
Profile Data including your username and password for Daily Mentor, profile picture, purchases or orders you have made with us, content you post, send receive and share through our platform, information you have shared with our social media platforms, and support requests you have made.
Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.
How we collect personal information
We collect personal information in a variety of ways, including:
when you interact directly with us, including face-to-face, over the phone, over email, or online;
when you complete a form, such as registering for any events or newsletters, or responding to surveys;
when you apply for a job with us;
from third parties, such as details of your use of any website we operate (from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies); or
from publicly available sources, such as social media or the Australian Securities and Investment Commission (ASIC).
Why we collect, hold, use and disclose personal information
Personal information: We collect, hold, use and disclose your personal information for the following purposes:
to enable you to access and use our software, including to provide you with a login;
to do business with you;
to contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us;
to contact and communicate with you about any enquiries you make with us via any website we operate;
for internal record keeping, administrative, invoicing and billing purposes;
for analytics (including profiling on our website), market research and business development, including to operate and improve our business, associated applications and associated social media platforms;
for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;
to run promotions, competitions and/or offer additional benefits to you;
if you have applied for employment with us, to consider your employment application; and
to comply with our legal obligations or if otherwise required or authorised by law.
Our disclosures of personal information to third parties
Personal information: We may disclose personal information to:
our employees, contractors and/or related entities;
IT service providers, data storage, web-hosting and server providers;
marketing or advertising providers;
professional advisors, bankers, auditors, our insurers and insurance brokers;
payment systems operators or processors;
our existing or potential agents or business partners;
sponsors or promoters of any promotions or competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties to collect and process data, such as analytics providers and cookies; and
any other third parties as required or permitted by law, such as where we receive a subpoena.
Overseas disclosure
While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
Cookies
We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Links to other websites
Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact us at:
Daily Mentoring Pty Ltd
Email: daviefog@daviegroup.com.au
Member Agreement
1. AGREEMENT
This agreement is made between Daily Mentor and the Client on the Agreement Date.
2. DEFINITIONS
"Affiliate" means, in relation to a person (first-mentioned person):
(a) a person that Controls or is Controlled by the first-mentioned person; and
(b) a 'related body corporate' or 'related entity' (as those terms are defined in the Corporations Act) of the first-mentioned person.
"Agreement Date" means the date of Client Onboarding Form submission.
"Authorised Purpose" means the purpose notified by Daily Mentor to the Client from time to time.
"Client Onboarding Form" means the electronic client onboarding form that the Client completes and submits to Daily Mentor.
"Confidential Information" means all non-public information about the Client that is disclosed in connection with this agreement and that is confidential by nature, but excludes any information that:
(a) is or becomes publicly available (other than as a result of a breach of this agreement);
(b) is lawfully in Daily Mentor's or its representatives' possession prior to disclosure; or
(c) has been made available to Daily Mentor or its representatives on a non- confidential basis.
"Control" has the same meaning given to it in section 50AA of the Corporations Act, and "Controls" and "Controlled" shall be construed accordingly.
"Corporations Act" means the Corporations Act 2001 (Cth) as amended.
"Deliverables" means any report or communication produced by Daily Mentor in connection with the Services.
"Minimum Term" means the period of time that was nominated by the Client and confirmed in the Payment Link.
"Payment Link" is the link issued by Daily Mentor to the Client containing the payment method for the Services and stipulating the Minimum Term.
"Services" means consulting and mentoring services in relation to the Client's business.
3. SERVICES
(a) Daily Mentor shall provide the Services to the Client in accordance with good industry practice.
(b) The Client may use the Services solely at its own risk for the Authorised Purpose.
(c) The Client acknowledges that the views, opinions, forecasts and information contained in any Deliverables are based on information believed by Daily Mentor to be reliable but have not been independently verified.
(d) The Client acknowledges that Daily Mentor has not assessed the ability of management to perform any business plans contained in the Deliverables and Daily Mentor is not advising on legal aspects of the plans or structures proposed by the Client or the impact of finance, tax, or structural matters on cash flow, nor information technology, treasury operations or risk management processes.
(e) The Deliverables are strictly confidential and for the sole benefit of the Client. No persons other than the Client (and the employees, directors, partners and officers of, and professional advisers to the Client) may access the Services. Any use of, or reliance on, that material by the Client is entirely at its own risk and Daily Mentor shall have no liability for any loss or damage arising out of any such use.
(f) The Client should appoint separate advisers to assist in assessing other aspects of its business including but not limited to legal, accounting, taxation, operational and environmental related issues. Daily Mentor may participate in discussions with such advisers and may utilise information generated by such advisers in preparing the Deliverables, but Daily Mentor will not be reporting on the results of their work nor taking responsibility for such work.
4. SUBSCRIPTION FEES
(a) The Client must pay the Subscription Fees through Stripe's automated payment system (or as otherwise nominated by Daily Mentor) within 10 business days of receiving a tax invoice from Daily Mentor.
(b) Daily Mentor may vary the Subscription Fees with 5 business days’ notice and giving the Client an opportunity to terminate this agreement prior to expiry of that notice period if the Client does not accept the varied Subscription Fees. The Client shall not be entitled to any compensation or other remedy in the event of termination hereunder. Upon expiry of the notice period, if the Client has not terminated the agreement, the Client shall be deemed to have accepted the varied Subscription Fees.
(c) Daily Mentor may block and/or suspend the provision of or access to the Services if any Subscription Fees are unpaid or become overdue (whether in whole or in part).
(d) Unless otherwise stated, Subscription Fees are exclusive of goods and services tax. The Client shall, in addition to Subscription Fees, pay Daily Mentor the corresponding amount of the goods and services tax.
(e) The Client must not deduct or set-off any money owing to it or any money which the Client reasonably anticipates will become owing to it by Daily Mentor from any money due to Daily Mentor under this agreement.
5. ERRORS AND OMISSIONS
(a) Daily Mentor shall use its best endeavours to rectify at its cost any material errors or omissions in the Services provided hereunder promptly whenever such an error or omission is found in the course of execution of the Services. An error or omission is material if Daily Mentor determines in its absolute discretion (acting reasonably) that it is not minor and prevents the Services from satisfying the Client’s specifications, any legislative requirements and/or the standards of good industry practice.
(b) Daily Mentor may, at its option, choose to satisfy any claim for rectification of any defect or omission in the Services by either:
(i) resupplying the Services at Daily Mentor’s cost;
(ii) procuring a third party to resupply the Services; or
(iii) refunding the Subscription Fees.
(c) Daily Mentor shall not be liable for, or under an obligation to rectify, any errors or omissions caused or partly caused directly or indirectly by or arising from:
(i) any misinformation provided by the Client;
(ii) any direction given by the Client;
(iii) any conduct of the Client or any third party; or
(iv) any accident, act of God, fire, flood, war, act of violence, terrorism or similar occurrence beyond Daily Mentor's reasonable control.
(d) The Client shall submit all claims for rectification to Daily Mentor in writing promptly upon discovering them.
6. INTELLECTUAL PROPERTY
(a) The Client licenses Daily Mentor the right, and warrants that Daily Mentor is authorised, to use, copy and modify the intellectual property rights in any information supplied by the Client for the purposes of this agreement.
(b) The Client acknowledges that Daily Mentor will own all intellectual property rights in any Deliverables (including to the extent it contains information supplied by the Client under clause 6(a)) and Daily Mentor licenses the Client the right to use the Deliverables for the Authorised Purpose.
(c) Nothing in this agreement disclaims, abrogates, alienates or affects Daily Mentor’s subsisting and continuing moral rights in the Deliverables.
7. LIMITATION OF LIABILITY
(a) To the extent permitted by law, and without limiting the foregoing subject always to the Competition and Consumer Act 2010 (Cth) (CCA), the Australian Consumer Law set out in Schedule 2 of the CCA and the Fair Trading Acts of each State and Territory in Australia, Daily Mentor:
(i) does not warrant either the quality or standard of the Services provided hereunder, or the design, performance, use, utility, fitness for purposes or merchantable or acceptable quality of any software, service, product or thing for any particular purpose or at all, other than to the extent implied or required by law;
(ii) shall not be liable to the Client for any delay in providing the Services;
(iii) shall not be liable to the Client in excess of the aggregate value of any Subscription Fees paid by the Client in the last 12 months. All loss exceeding such amount shall be the Client's responsibility;
(iv) shall not be liable for any loss arising from any defect in the accuracy, quality, integrity, legality, reliability, appropriateness or ownership of information provided by the Client; and
(v) shall not be liable for any indirect, special or consequential loss and/or damage (including loss of profit, loss of revenue or other economic loss) suffered by the Client arising out of or in connection with any Services or any defect or omission arising under this agreement.
(b) The Client shall give Daily Mentor reasonable access to any premises or property required for Daily Mentor to fully and properly investigate and assess any and all claims hereunder.
8. DEFAULT & CONSEQUENCES OF DEFAULT
(a) Without prejudice to Daily Mentor’s other remedies at law or in equity, Daily Mentor may immediately suspend or terminate the Services if:
(i) any Subscription Fees are not paid when due; or
(ii) the Client materially breaches this agreement and does not rectify such breach within 7 days of being notified; or
(iii) the Client undergoes an insolvency event.
(b) If the Client defaults in payment of any Subscription Fees, the Client shall indemnify Daily Mentor from and against all costs and disbursements incurred by Daily Mentor in pursuing the debt including legal costs on a solicitor and own Client basis and Daily Mentor’s collection agency costs.
9. TERMINATION FOR CONVENIENCE
(a) Subject to clause 9(b), either party may terminate this agreement 30 days’ written notice to the other party.
(b) If the parties agreed to a Minimum Term, the agreement may not be terminated in accordance with clause 9(a) until expiry of the Minimum Term.
(c) Daily Mentor may, at it option, suspend the provision of the Services at any time after notice of termination is given by either party.
(d) Neither party shall be liable to the other party for any loss or damage whatsoever arising from termination under clause 9(a).
10. PUBLICITY
(a) The Client consents to Daily Mentor's use of the Client's name, logo and official emblem as part of its marketing strategy.
(b) The Client authorises Daily Mentor to:
(i) record Daily Mentor's provision of, and the Client's engagement with, the Services (which includes consulting sessions between Daily Mentor and the Client); and
(ii) use such recordings in connection with Daily Mentor's business, including publishing recordings onto Daily Mentor's platform for the Client's use and, to the extent the recording does not contain Confidential Information, publishing recordings anywhere in the world for promotional and marketing purposes.
(c) The Client may only release marketing material in relation to the provision of the Services, or use of Daily Mentor's name, logo and/or official emblem, with Daily Mentor's prior written consent.
11. CONFIDENTIAL INFORMATION
Subject to clause 10(a), Daily Mentor must not, during the term of this agreement and for two years after it has expired, use or communicate any Confidential Information to any person other than:
(a) to its representatives, which include contractors providing the Services and any of its personnel;
(b) if Daily Mentor or its representatives are compelled to disclose the information by law or any regulatory or government authority; or
(c) if the Client consents to such disclosure.
12. NON-DISPARAGEMENT
Either party to this agreement must not, and must ensure their Affiliates do not, make statements or representations, directly or indirectly, or take any action which may, directly or indirectly, disparage the other party or any of its officers or shareholders. Notwithstanding the foregoing, nothing in this agreement shall preclude either party to this agreement from making truthful statements that are required by applicable law, regulation or legal process.
13. DATA PROTECTION
(a) Daily Mentor agrees to hold any information received in connection with this agreement in accordance with the obligations that apply to 'APP entities' as that term is defined in the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
(b) Daily Mentor will immediately notify the Client if any information received in connection with this agreement is exposed to a breach of security. Daily Mentor must also take prompt, reasonable corrective action to cure any such breach.
14. COSTS AND EXPENSES
Any action to be taken by the Client in performing any plan produced by Daily Mentor in connection with the Services must be taken at the Client's expense.
15. NOTICES
15.1 How and where Notices may be sent
A notice or other communication under this agreement (Notice) must be in writing and delivered by hand or sent by pre-paid post or email to a party's Service Address or as otherwise specified by a party by Notice.
15.2 When Notices are taken to have been given and received
(a) A Notice sent by post is regarded as given and received on the second business day following the date of postage.
(b) A Notice sent by email to the address specified by a party is regarded as given and received when received in legible form by the addressee, unless the sender receives an automated message that the email has not been delivered.
(c) A Notice delivered or received other than on a business day or after 5.00pm (recipient's time) is regarded as received at 9.00am on the following business day and a Notice delivered or received before 9.00am on a business day (recipient's time) is regarded as received at 9.00am.
16. GENERAL
16.1 Governing law and jurisdiction
(a) This agreement is governed by the law in force in New South Wales.
(b) Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.
16.2 Invalidity and enforceability
(a) If any provision of this agreement is invalid under the law of any jurisdiction the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
(b) Clause 15.2(a) does not apply where enforcement of the provision of this agreement in accordance with clause 15.2(a) would materially affect the nature or effect of the parties' obligations under this agreement.
16.3 Waiver
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless it is in writing and signed by the party granting the waiver.
16.4 Variation
A variation of any term of this agreement must be in writing and signed by the parties.
16.5 Assignment of rights
Rights arising out of or under this agreement are not assignable by a party without the prior written consent of the other party.
16.6 Further action to be taken at each party's own expense
Each party must, at its own expense, do all things and execute all documents necessary to give full effect to this agreement and the transactions contemplated by it.
16.7 Non-solicitation
From the Agreement Date until 12 months after termination of the agreement, neither the Client nor its related entities may engage any employee or contractor of Daily Mentor to be an employee or contractor of the Client or its related entities.
16.8 Entire agreement
This agreement states all the express terms of the agreement between the parties in respect of its subject matter. It supersedes all prior discussions and understandings, express or implied in respect of its subject matter.
16.9 No reliance
Neither party has relied on any statement by the other party not expressly included in this agreement.
16.10 Counterparts
This agreement may be executed in any number of counterparts.
