Terms, Conditions and Policies

Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using this website (the “Service”) operated by Breathworks (“us”, “we”, or our”). 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms of Service apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”) you may be asked to supply certain information relevant to your Purchase including: name, email address, mailing address, phone number, credit card information, billing address, shipping information.

You represent and warrant that: You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, The information you supply to us is true, correct and complete. You expressly agree that Breathworks is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information provided to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the product or service description or price, error in your order or other reasons. You expressly agree that Breathworks cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if we suspect fraud or an unauthorized or illegal transaction.

Subscriptions & Automatic Renewal

Services may be sold as a one time payment or an automatically recurring subscription that renews each month or year on the anniversary of the purchase date. If the purchaser chose the annual subscription at checkout, their membership will expire in one year.

If the purchaser chose the auto-renewal option, their subscription will automatically renew at the end of the monthly term or annual term unless the purchaser cancels their subscription prior to the automatic renewal date. You may cancel your subscription at any time by contacting us at hello@breathworks.co.

If you choose to cancel your subscription you will no longer receive updates and support granted under your monthly or annual membership. Your renewal price will be locked in at the time of checkout for as long as your membership remains active.  Grandfathered pricing: If you choose to cancel your subscription, and your renewal price is lower than the current listed price for the product the lower renewal price may no longer be available to you.

If you choose to cancel your subscription your membership will expire on the anniversary of the original purchase, and you will no longer receive updates and support granted under your monthly or annual membership.

Cancellation of Order

We want to ensure that you are 100% satisfied with our products and services. If you have a question or problem regarding any of our programmes you contact our support team by emailing us at hello@breathworks.co.

If you decide that the programme you have purchased from us is not suitable for you, you are entitled to request a within our refund period, being 48 hours from the time of your initial purchase.

Our team will help you with any issue that you have with our programme(s), and in the event that your issue cannot be resolved we will refund your money, and cancel any future payments relating to your programme(s) with no further questions asked.

Please note that in order for your refund request to be granted we will first verify that substantial programme content has not been downloaded by you immediately prior to your refund request.

Upon granting your refund request we will endeavour to process your refund within 1-2 business days. This does not mean that amounts refunded will be available for use on your debit / credit card within 1-2 business days as general bank processing timeframes apply, and are outside of our control. All refunds will be processed by us in GBP currency for the same amount shown on your original invoice. You agree that currency fluctuations, where applicable to you, are dictated by your bank and will not be included in the scope of any refund request.

Once the aforementioned refund period has elapsed, any refund requests become entirely at our discretion, and will only be granted in extraordinary circumstances. If you entered into a payment plan with us, and did not request a refund within the refund period, you must also continue to make all remaining payment plan payments as originally agreed.

This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to reveal your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Breathworks and its licensors. The Service is protected by copyright, trademark, and other laws of both the UK and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Breathworks.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Breathworks. We have no control over any website we are linked to so we cannot be responsible for safeguarding any information which you provide such sites and this privacy statement does not govern such sites. Caution should be exercised when visiting linked websites and the privacy statement of the website in question should be examined.

Breathworks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Breathworks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

In no event shall Breathworks, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service, any conduct or content of any third party on the Service, any content obtained from the Service, unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Breathworks, its subsidiaries, affiliates, and its licensors do not warrant that: the Service will function uninterrupted, secure or available at any particular time or location, the Service is free of viruses or other harmful components, the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Breathworks ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Breathworks or any person for whom Breathworks is responsible, and even if Breathworks has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England & Wales without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. When we do such updates we post a notification on the main page of our Site, revise the updated date at the bottom of this page, or notify users via email. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Contact Us

If you have any questions about these Terms, please contact us.

Breathworks
https://www.breathworks.co
109 Maldon Road, Burnham on Crouch, Essex, UK, CMO 8DD
hello@breathworks.co

Acceptable Use Policy

Acceptable Use of Website

Last updated 13 April 2021

1.Introduction

This is our acceptable use policy. If you use our website, it means that the policy applies to you and that you agree with it as part of our Website Terms above.

We may change these terms, so we expect you to check this page from time to time as the changes will be binding on you. There may also be changes elsewhere on our site.

2.Who We Are

www.breathworks.co is operated by Philippa Wilkin, a sole trader based in the UK.

Some important details about us:

Our registered office is at: N/A

Our trading office is at: 109 Maldon Road, Burnham on Crouch, Essex, CM0 8DD, UK

Our VAT number is: N/A

Our regulator is: N/A

3.What you must not do

You must not use the site to do any of the following:

  • Break any laws or regulations
  • Do anything fraudulent, or which has a fraudulent effect
  • Harm or attempt to harm minors
  • Do anything with material that does not meet our content standards (these are listed below)
  • Do anything with unsolicited advertising material (known as spam)
  • Transmit any data or material that is harmful to other programs, software, or hardware (for example, viruses, Trojan horses, worms, etc.)
  • Copy in any way or re-sell any part of our site (unless we allow it under our website terms)
  • Interfere with or damage any part of our site, equipment, network, software or storage arrangements.

4.Content Standards

Here are our content standards. They apply to all material that you contribute to our site and to all interactive services.

You must follow these standards carefully, but please also follow the spirit of them.

Your contributions must be:

  • Accurate (if they are factual)
  • Genuine (if they state opinions)
  • Within the law.

Your contributions must not be:

  • Defamatory, obscene or offensive
  • Likely to deceive, harass, annoy, threaten, or invade someone else’s privacy.

And they must not:

  • Promote material that is sexually explicit
  • Promote violence, or discrimination based on race, sex, religion, nationality, age, disability, or sexual orientation
  • Infringe anyone else’s intellectual property
  • Be used to impersonate anyone, or misrepresent anyone’s identity
  • Encourage or assist anything that breaks the law.

5.Interactive Services

Our standards for interactive services, such as chat rooms and bulletin boards, are as follows:

  • We will tell you clearly about the service
  • We will tell you what form of moderation we use for the site
  • We will try to assess risks on the site (especially for children) and will moderate if we think it is appropriate.

Please note, however, that we are not required to moderate our interactive service. We will not be responsible for any loss to anyone who does not use our site according to our standards (whether or not we have moderated the service).

6.Important Notice for Parents

Use of our interactive service by a child is subject to parental consent.

If you permit your child to use the service, we advise you to explain the risks. Moderation is not always effective.

Please contact us if you have a concern about moderation.

7.Disclosure to Courts

If you have to disclose Confidential Information by order of a court or other public body you may do so.

8.Suspension and Termination

If we think you have breached this policy, we will take whatever steps we think are necessary.

These might include:

  • Stopping your use of the site temporarily or permanently
  • Removing material you have put on the site
  • Sending you a warning
  • Taking legal action
  • Telling the right authorities.

We exclude legal responsibility and cost for actions we take to deal with your breach of our policy.

Privacy Policy

Privacy Policy for Website

Last updated 29 October 2020

1.Introduction

This Privacy Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from you (“you/your”) through the use of our services (“Services”), or the use of our website www.breathworks.co (“Website”), how that information may be used or disclosed by us and the safeguards we use to protect it.

Our Website and Services may contain links to third party websites that are not covered by this Privacy Policy. We therefore ask you to review the privacy statements of other websites and applications to understand their information practices.

We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it. By using or accessing our Website or the Services, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of the Website or the Services is deemed to be acceptance of such changes, so please check periodically for updates.

This Privacy Policy was last updated on 29/10/2020 to add new provisions to the policy applicable regarding GDPR. Please check back regularly to keep informed of updates to this Privacy Policy. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed to occur upon your first use of our Website. If you do not accept and agree with this Privacy Policy, you must stop using our Website immediately.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. 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.

If you have any comments on this Privacy Policy, please email them to hello@breathworks.co

2.Who We Are

2.1 Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a ‘data controller’:

  • Our Website address is www.breathworks.co
  • Our company name is Philippa Wilkin trading as Breathworks, sole trader.
  • Our registered address is 109 Maldon Road, Burnham-on-Crouch, Essex, CM0 8DD, UK
  • Our [nominated representative or Data Protection Officer] is Philippa Wilkin and they can be contacted at hello@breathworks.co

2.2 We respect your right to privacy and will only process personal information about OR provided by you in accordance with the Data Protection Legislation which for the purposes of this Privacy Policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 and other applicable privacy laws.

3.What we may collect

3.1 Personal data, or personal 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).

3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.
  • Contact Data includes billing address, invoicing address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments and other details of our Services you have purchased from us.
  • Technical Data includes 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.
  • Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our Website and Services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Interaction Data includes any information that you might provide to any discussion forums on the Website.
  • Cookies Data like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them and what kind.
  • Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.
  • Analytics includes third-party analytics services (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

3.3 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 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.

3.4 Where we do collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) and it is necessary to do so for our business, we will obtain your specific consent, unless we have another lawful basis to do so.

3.5 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

  1. a) You have given consent to the processing of your personal data for one or more specific purposes;
  2. b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
  3. c) processing is necessary for compliance with a legal obligation to which we are subject;
  4. d) processing is necessary to protect the vital interests of you or of another natural person;
  5. e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
  6. f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.

3.6 If we receive personal information in the course of providing our Services to you from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy Policy are brought to their attention and you have obtained their consent in the process.

3.7 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.

4.How we may collect and use your data

4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:

Direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  1. a) present Website content;
  2. b) use any of our Services;
  3. c) create an account on our Website;
  4. d) subscribe to our Services or publications;
  5. e) request marketing to be sent to you;
  6. f) enter a competition, promotion or survey; or
  7. g) give us some feedback.

4.2 In addition to the above, we may use the information in the following ways:

  1. a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  2. b) To administer a contest, promotion, survey or other site feature.
  3. c) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
  4. d) Present Website content effectively to you.
  5. e) Provide information, and services that you request, or (with your consent) which we think may interest you.
  6. f) Carry out our contracts with you.
  7. g) Provide the relevant Services to you
  8. h) Tell you our charges.

4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.

4.4 If you are a new customer, you will only be contacted if you agree to it.

4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.

4.6 In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at hello@breathworks.co, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.

4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don’t provide your personal data in these cases.

4.8 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  1. a) Where we need to perform the contract we are about to enter into or have entered into with you.
  2. b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  3. c) Where we need to comply with a legal or regulatory obligation

4.9 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at [Email Address], and we will either delete your data from our systems or move your data to our “unsubscribe list”. However, you acknowledge this will limit our ability to provide the best possible services to you.

4.10 As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our Services. We agree that we will not do anything that we have not agreed to under this Privacy Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

5.Cookies

5.1 All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.

5.2 We use cookies to distinguish users and improve our Website. Please look at our Cookie Policy below for more cookie information.

6.Where we store your data and security

6.1 We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and to receive our Services and deal with payment. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the EEA if it is necessary for us to do so.

6.2 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see the European Commission: EU-US Privacy Shield.

6.3 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. 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.

6.4 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.

6.5 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

6.6 Any payments made by you, will be encrypted.

6.7 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.

6.8 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.

6.9 If we give you a password upon registration on our Website, you must keep it confidential. Please don’t share it.

6.10 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of seven years after our relationship have ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.

7.Disclosing your information

We are allowed to disclose your information in the following cases:

7.1 We are allowed to disclose your information in the following cases:

7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.

7.1.2 We can disclose it to other businesses in our group.

7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.

7.1.4 We can exchange information with others to protect against fraud or credit risks.

7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:

Stripe, Paypal, Mailchimp, Google, WooCommerce, Siteground, 17hats.

7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.

8.Your rights

8.1 When you submit information via our Website, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided above in this Privacy Policy.

8.2 Under the GDPR, you have the right to:

  • request access to, deletion of or correction of, your personal data held by us at no cost to you;
  • request that your personal data be transferred to another person (data portability);
  • be informed of what data processing is taking place;
  • restrict processing;
  • to object to processing of your personal data; and
  • complain to a supervisory authority.

8.3 You also have rights with respect to automated decision-making and profiling as set out in section 11 below.

8.4 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

8.5 To enforce any of the foregoing rights or if you have any other questions about our Website or this Privacy Policy, please contact us at hello@breathworks.co.

9.Links to other sites

9.1 Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

10.Changes

10.1 If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.

11.Automated Decision-Making and Profiling

11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

11.2 The right described in section 11.1 does not apply in the following circumstances:

  1. a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
  2. b) the decision is authorised by law; or
  3. c) you have given you explicit consent.

11.3 Where we use your personal data for profiling purposes, the following shall apply:

  1. a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
  2. b) Appropriate mathematical or statistical procedures will be used;
  3. c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
  4. d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

12.Terms and Conditions

12.1 Please also visit our Terms and Conditions section above establishing the use, disclaimers, and limitations of liability governing the use of our Website.

13.Your Consent

13.1 By using our Website and by way of acknowledgment, you consent to our Privacy Policy.

14.Dispute Resolution

14.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.

14.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

14.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

14.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

14.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.

14.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.

14.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

14.8 Any dispute shall not affect the parties’ ongoing obligations under this Privacy Policy.

Cookie Policy

Last updated 13th April 2021

INTRODUCTION

Breathworks (“we” or “us” or “our”) may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit our website [Name of Website.com], including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”) to help customize the Site and improve your experience.

We reserve the right to make changes to this Cookie Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Cookie Policy. Any changes or modifications will be effective immediately upon posting the updated Cookie Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

You are encouraged to periodically review this Cookie Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Policy by your continued use of the Site after the date such revised Cookie Policy is posted.

USE OF COOKIES

A “cookie” is a string of information which assigns you a unique identifier that we store on your computer. Your browser then provides that unique identifier to use each time you submit a query to the Site. We use cookies on the Site to, among other things, keep track of services you have used, record registration information, record your user preferences, keep you logged into the Site, facilitate purchase procedures, and track the pages you visit. Cookies help us understand how the Site is being used and improve your user experience.

TYPES OF COOKIES

The following types of cookies may be used when you visit the Site:

Advertising Cookies

Advertising cookies are placed on your computer by advertisers and ad servers in order to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Site and other websites, alternate the ads sent to a specific computer, and track how often an ad has been viewed and by whom. These cookies are linked to a computer and do not gather any personal information about you.

Analytics Cookies

Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.

Our Cookies

Our cookies are “first-party cookies”, and can be either permanent or temporary. These are necessary cookies, without which the Site won’t work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in your browser, but may affect the functionality of the Site.

Personalization Cookies

Personalization cookies are used to recognize repeat visitors to the Site. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Site.

Security Cookies

Security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.

Site Management Cookies

Site management cookies are used to maintain your identity or session on the Site so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.

Third-Party Cookies

Third-party cookies may be place on your computer when you visit the Site by companies that run certain services we offer. These cookies allow the third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.

CONTROL OF COOKIES

Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Site.

For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies, or visit the following links:

Apple Safari

Google Chrome

Microsoft Edge

Microsoft Internet Explorer

Mozilla Firefox

Opera

Android (Chrome)

Blackberry

Iphone or Ipad (Chrome)

Iphone or Ipad (Safari)

In addition, you may opt-out of some third-party cookies through the Network Advertising Initiative’s Opt-Out Tool.

OTHER TRACKING TECHNOLOGIES

In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the Site to help customize the Site and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.

PRIVACY POLICY

For more information about how we use information collected by cookies and other tracking technologies, please refer to our Privacy Policy above. This Cookie Policy is part of and is incorporated into our Privacy Policy. By using the Site, you agree to be bound by this Cookie Policy and our Privacy Policy.