Privacy Policy

In this Privacy Policy, 'us', 'we' or 'our' means the entity trading as Baby Sleep Magic Pty Ltd, ACN 606 097 634 and our related bodies corporate (a registered company trading in Australia).

We are committed to respecting and protecting your privacy and personal data. Our Privacy Policy sets out how we collect, use, store and disclose your personal information.

In using our website, app, forum or social media, purchasing our products, consultations or packages (regardless of where you visit them from), communicating with us via telephone or in otherwise dealing with us, you acknowledge that we may collect and record the information set out below in connection with you inquiring after or making an order or receiving a service from us.

By providing personal information to us or otherwise by using our website, app, forum, social media, purchasing our products, consultations or packages (regardless of where you visit them from), you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website or app. We encourage you to check our website or app periodically to ensure that you are aware of our current Privacy Policy.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Personal data, or personal information (herein "Information"), means any Information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

This Privacy Policy applies only to Information we collect through the website, app, forum, and Social Media, but does not apply to our collection of Information from other sources.

We may collect, use, store, and transfer information about you, or provided by you, your children, which we have collated below as follows:

We may collect the following information:

Identity Data: which includes first name, last name, username, your child/ren date of birth, gender, image (this is used for your age specific sleep packages).

Contact Data: which includes social media handles, telephone numbers, billing address and email address.

Comments Data: which includes contact information, comments, opinions, and times (for consultations), home address and mobile number.

Financial Data: which includes bank account and payment card information (note that this is stored and processed by our PCI compliant third party providers — Stripe, PayPal, and Apple).

Transaction Data: which includes details about payments and packages to and from you, including details of services that you have purchased from us.

Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, image data you post on our community forum and device application, including of your children.

Technical Data: includes as may be applicable internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

Usage Data: which includes information about how you use our website, app, forum, social media, products, and services.

Marketing and Communications Data: which includes your preference in receiving marketing from us and your communication preferences.

Other information relevant to: Consultancy/workshops/events/webinars and newsletters and/or licenses/subscriptions/memberships and/or any other services/products and tools.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website or app feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you (such as when you register as a user to our packages or consultations) and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with subscriptions, products and services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

Listed below are some of the methods that we may use to collect data from and about you:

To apply, purchase, or create an account using our website and app.

To sign up to our subscriptions or memberships.

To purchase any of our services, products, or tools.

To provide you with services and usage of our website and app.

To maintain, upgrade, improve and customise our website and app.

To fulfil orders, collect payment or provide other services that may be of interest to you.

For quality control, customer feedback, research and development, advertising, and marketing services.

To send you service, support and administrative messages, notifications, reminders, technical notices, updates, security alerts, and information as requested by you.

To administer promotions, competitions, surveys, contests, or other similar activities or events.

To submit an enquiry.

To book a consultation (online or in-home).

To sign up to an event, workshop, webinar or newsletter.

To engage with us on our social media channels.

To provide feedback (through our community forum, applications, website, third party review sites) or contact us page.

This information is collected and processed on the legitimate purpose of providing you with information about our services, products, and tools.

We collect Technical and Usage Data from visitors to our website and app using analytics tools, cookies, and web logs. This information is only used to improve the service you experience whilst navigating on our site.

The information collected may be used to provide you with additional information about our services, promotions, products, tools, events, consultancy services, webinars, and workshops. Please be aware that you may need to confirm a subscription in the first place for some of these and subscribers can change or cancel their subscriptions at any time in accordance with the cancellation policy.

We have set out below a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please email us at privacy@babysleepmagic.com.au.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

We will receive personal data, including Identity and Contact data from various third parties as set out below:

Chargebee — subscription management and recurring billing management provider.

Mailchimp — e-mail distribution and survey tools.

Stripe, PayPal, Google Pay and Apple Pay — PCI compliant payment processing platforms.

Social media channels — LinkedIn, Facebook, Twitter, Pinterest, YouTube and Instagram.

Acuity Scheduling — online scheduling assistant.

Spotify/Anchor — podcasting host/provider.

Facebook Pixel — analytics provider.

Analytics providers — such as Google (based outside the EU).

Advertising networks — such as Facebook, Instagram (based outside the EU).

Xero — accounting software.

We also use Social Media to advertise our services and run marketing campaigns.

We may use other third-party providers instead of or in addition to those listed, to enrich your online user experience and support the management and tools operating through us and these may change from time to time at the sole discretion of Baby Sleep Magic Pty Ltd.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Cross-Border Data Transfers

Some of our third-party service providers are based outside of Australia and may process your personal data in countries including the United States and the European Union. Where we transfer your personal data outside of Australia, we take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy and applicable data protection laws.

Links to External Sites

Our services may contain links to external sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy and terms and conditions of every site you visit. We have no control over, and accept no responsibility for the content, privacy policies or practices of any third-party sites, products, or services.

We are committed to being transparent about how we use your personal data and take the security of personal data very seriously. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Marketing and Opting Out

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, tools and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods, services, tools from us and you have not opted out of receiving that marketing.

You have full control over the marketing messages you receive regarding additional products and services, tools that we offer. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time and ask us to stop sending you marketing messages at any time by writing to or emailing us at privacy@babysleepmagic.com.au.

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. You can ask third parties to stop sending you marketing messages at any time by contacting them.

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Please be aware that you have the following data protection rights:

The right of access

You can request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. If you would like a copy of the information held on you, please contact us at privacy@babysleepmagic.com.au.

The right to rectification

You can request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If you believe that any information we hold on you is incorrect or incomplete, please write to or email us as soon as possible at privacy@babysleepmagic.com.au and we will promptly correct any information found to be incorrect.

The right to erasure

You can request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

The right to restrict processing

You can request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy.

Where our use of the data is unlawful, but you do not want us to erase it.

Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

The right to data portability

You can request the transfer of your personal data to you or to a third party in certain circumstances. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

The right to object

You can object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

The right to withdraw consent

You can withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services, tools to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to withdraw your consent, please contact us by writing to us at privacy@babysleepmagic.com.au.

To enrich and perfect your online experience, we use "Cookies", similar technologies and services provided by others to display personalised content, appropriate advertising, and store your preferences on your computer.

A cookie is a string of information that a website or app stores on a visitor's computer or phone, and that the visitor's browser provides to the website each time the visitor returns. Our Website and App uses cookies to help us identify and track visitors, their usage of our Website and App, and their Website and App access preferences. Baby Sleep Magic visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our Website or App, with the drawback that certain features of Baby Sleep Magic's website and App may not function properly without the aid of cookies. By continuing to navigate our website or App without changing your cookie settings, you hereby acknowledge and agree to our use of cookies.

Privacy Policy Changes

Although most changes are likely to be minor, we may change our Privacy Policy from time to time, and this is at our sole discretion. We encourage visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such changes.

If you wish to complain about this Privacy Policy or any of the information set out in it, please contact us by writing to us at privacy@babysleepmagic.com.au.

Australian Users

You can also complain to the Office of the Australian Information Commissioner (OAIC) if you are unhappy with how we have used your data.

UK / EU Users

If you are based in the United Kingdom or European Union, you can also complain to the Information Commissioner's Office (ICO) if you are unhappy with how we have used your data.

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/products/tools and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at privacy@babysleepmagic.com.au.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a Legal Obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.