DISCLAIMER

This page outlines the privacy policy and the terms and conditions for use of this website. All content is my own personal opinion and does not represent the organisations of which I am employed or contracted by. Credits to images or content are cited.

We will publish updated versions of this Policy from time to time on www.thinkascend.com.au (the “Websites”) and the updated Policy will apply to your use of the Websites on and from the date of publication.

A reference to ‘we’ ‘our’ or ‘us’ in this Policy means Nadine Wessel (NW) and a reference to ‘you’ means an individual person protected by the provisions of the Privacy Act 1988 (as amended).

Our Privacy Commitments

We are committed to compliance with privacy laws and to the protection of the personal information you provide to us when you use the Websites. The purpose of this policy is to explain to you how we collect, store and handle your personal information. Our goal is to have practices, procedures and systems in place to ensure that we always comply with the Australian Privacy Principles and any other applicable legislation or regulations.

2. Why Do We Use Your Personal Information?

We deal with your personal information in several scenarios, such as to assist you with purchasing from our Websites and to handle your enquiries. By doing so, we can continue to improve the level of customer service that we provide.

3.What Type of Personal Information do we Use?

Under the Privacy Act, “Personal Information” is generally considered to be information that identifies you or is reasonably linked to you to be able to have you identified. The kinds of personal information we collect include contact details and payment information like your name, email and street address and phone numbers.

4. When We Ask For Your Personal Information

4.1 We will not collect your personal information unless it is reasonably necessary for us to provide you with products or to establish and to maintain any account you have with us for ordering products from the Websites.

4.2 We will not collect personal information about you unless you allow us to and we need the information for to properly provide our products or services to you or where we are required or allowed to do so by law.

5. Personal Information We Haven’t Asked For

5.1 If we receive your personal information and we haven’t specifically asked you for it, we will determine whether or not we are allowed to collect that or store that information. Sometimes we may have to use or disclose your personal information in order to determine if we are allowed to collect it.

5.2 If we are not allowed to collect the personal information, we will promptly and permanently destroy it or ensure that it is completely de-identified.

5.3 If we are permitted to collect the personal information, we will treat it in the same way as we treat personal information that we ask for or that you provide to us.

6. About Your Personal Information

6.1 In circumstances where we collect personal information about you, we will take reasonable steps (at our cost) to make sure you are aware of:

6.1.1 our identity and contact details;

6.1.2 where your personal information is from someone other than you or we think you may not be aware that we have collected your personal information, then the fact that we have collected the personal information and how we collected it;

6.1.3 where we are required or allowed to collect the personal information, the fact that we are required or allowed to collect it as well as the details of the law that requires or allows us to collect it;

6.1.4 the reason(s) we are collecting personal information;

6.1.5 what it means for you if we don’t collect all or some of your personal information (for example, you may not be able to place or finalise an order on the Websites);
6.1.6 the third parties to whom we usually disclose your personal information;

6.1.7 that our privacy policy contains information about how you may access your personal information and how you can have it updated or corrected;

6.1.8 that our privacy policy contains information about how you can lodge a complaint about a breach of the Australian Privacy Principles that apply to us, and how we will deal with complaints;

6.1.9 whether we are likely to disclose the personal information to someone overseas and why;

6.1.10 if we are likely to disclose the personal information to someone overseas, the countries in which they are likely to be located (if it is practicable for us to tell you).

7. Secondary Purposes for Dealing with Personal Information

7.1 Where your personal information is collected for a particular purpose (the primary purpose), we won’t use or disclose the information for another purpose (the secondary purpose) unless:

7.1.1 you allow us to; or

7.1.2 we are compelled or allowed to do so by law;

7.1.3 we believe that the use or disclosure of the information is reasonably necessary for law enforcement related reasons conducted by an enforcement body and we will keep records of that use;

7.1.4 you would reasonably expect us to deal with the information for the secondary purpose and the secondary purpose is:

(i) if the information is sensitive information—directly related to the primary purpose; or

(ii) if the information is non-sensitive information—related to the primary purpose; or

(iii) if we are required to by law, we will take reasonable steps to ensure that the information is not capable of identifying you before we disclose it.

7.1.5 If we collect personal information from one of our related companies this clause applies as if our primary purpose for the collection of the information was the primary purpose for which the related company collected the information.

8. Marketing

8.1 We will not use or disclose the information for direct marketing without your consent, except as set out below.

8.2 We may use your personal information (but not sensitive information) for the purpose of direct marketing if, and only if:

8.2.1 we collected your personal information from you;
8.2.2 you would reasonably expect us to use your personal information for marketing purposes;

8.2.3 you haven’t opted out of receiving marketing information or promotions from us; and

8.2.4 in each marketing communication, we give you the ability to opt-out of receiving additional marketing communications.

8.2.5 we provide a simple way for you to easily request not to receive direct marketing communications from us;

8.2.6 we include a prominent statement that you may make such a request; or

8.2.7 we otherwise draws your attention to the fact that you may opt-out;

8.2.8 you haven’t made such a request to us.

8.3 If we use or disclose your personal information:

8.3.1 for the purpose of marketing by us, you may request not to receive further marketing communications from us; or

8.3.2 for the purpose of marketing by someone else, you may request us not to use or disclose your personal information for that purpose; and

8.3.3 you may request that we provide the source of the information.

8.4 If you make a request under clause 8.3, we will not charge you for the making the request or meeting it and we will respond to the request in a reasonable time as required by law.

9. Security of Personal Information

9.1 We will take reasonable steps to protect your personal information, including from misuse, interference and unauthorised access.

9.2 If we no longer require your personal information and we are allowed to do so by law, then we may destroy or permanently de-identify the information.

10. Your Right to Anonymity

Except where it isn’t practical to use the Websites or where the law requires otherwise, you are not obliged to identify yourself and you may elect to use a pseudonym instead of your real name when dealing with us.

11. Access to Your Information

11.1 You may make a request to access the information we hold about you. In order to do so, please direct your requests to our Privacy Officer in writing by email to think.ascend@outlook.com

11.2 There are certain circumstances in which we will give you access to your personal information, such as when:

11.2.1 we reasonably believe that providing such access would pose a serious threat to the life, health or the safety and well-being of any person, or to public health or safety;

11.2.2 giving access would have an unreasonable impact on the privacy of another person;

11.2.3 the request for access is frivolous or without a proper purpose;

11.2.4 the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery;

11.2.5 giving access would reveal our intentions in relation to negotiations with the you in such a way as to prejudice them;

11.2.6 we are allowed or required by law not to give you access;

11.2.7 we reasonably suspect that unlawful activity, or misconduct, that relates to our functions or activities has been, is being or may be committed and that giving access would be likely to prejudice the taking of appropriate action by us;

11.2.8 giving access would be likely to prejudice one or more enforcement related activities conducted by an enforcement body; or

11.2.9 giving access would reveal information we have generated for a commercially sensitive decision-making processes.

11.3 If you request access to your personal information, we will respond within a reasonable time and we will give you access in the way you ask, where it is reasonably practicable for us to do so.

11.4 If we refuse your access request or don’t give access in the way you request, we will try to give you access in a different way that meets both yours and our needs. If we can’t do that, then we will give you a written notice that sets out the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; any other options available to you to make a complaint about our refusal; and anything else we are required to tell you by law.

11.5 We may charge you a reasonable fee for giving access to your personal information that we hold but we won’t charge you just for making the request.

12. Data Security Incidents

We must immediately notify you in writing, and give you full details, about any actual or suspected accidental or unauthorised access to or data breach involving your Personal Information (a Data Security Incident) and co-operate with any investigation or audit in respect of the Data Security Incident.

13. Correction of your Personal Information

13.1 We will take reasonable steps to correct your personal information if we believe it is inaccurate, out of date, incomplete, irrelevant or misleading or if you ask us to update correct it.

13.2 If we correct your personal information that we disclosed to someone else and you ask us to notify them of the correction, we will take reasonable steps to give that notification unless it is not practicable or the law requires us not to.

13.3 If we do not correct your personal information, we will notify you:

13.3.1 why it has not been corrected (unless it would be unreasonable to do so); and

13.3.2 about how you may make a compliant; and

13.3.3 about anything else we are required to tell you by law.

13.4 If you ask us to correct your personal information, we will respond to your request within a reasonable time and we will not charge you a fee for making of request or for correcting your personal information.

14. Overseas Disclosure

Before we disclose your personal information to someone overseas we will take reasonable steps to ensure that they don’t breach the Australian Privacy Principles in relation to your personal information.

15. If you are not happy with how we deal with your Personal Information

If you have any concerns, comments or enquiries about your personal information, please e-mail us at:

Email: think.ascend@outlook.com

Terms & Conditions of Website Use

The following terms and conditions govern all use of the www.thinkascend.com.au websites and all content, services and products available at or through the websites (taken together, the Website). The Websites are owned and operated by Nadine Wessel (“NW”). The Websites and their contents are offered and must only be used on the strict condition that you unconditionally accept all of the terms and conditions contained herein and all other rules, policies and procedures as may be published from time to time on this Site by NW (together, the “Agreement”).

Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the Websites, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all of these terms, you may not access the Websites or use any services. If these terms and conditions are considered an offer by NW, acceptance is expressly limited to these terms and conditions.

The Websites are available only to individuals who are at least 18 years of age.

Your Account and the Websites. If you create an account through or on the Websites, you unconditionally acknowledge and agree that you are solely responsible for maintaining the security of your account and you are completely responsible for all activities that occur on the account and any other actions taken in connection with it. You must immediately notify NW of any unauthorised use of your account or any other breaches of security. Subject to the Australian Consumer Law, NW will not be liable and specifically excludes and disclaims any liability to you and to any third parties for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Website Visitors. NW cannot review, all of the computer software and the Websites for malware, viruses or similar defects, and cannot therefore be responsible for the effects of the same on your computer or operating system. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain technical inaccuracies, typographical mistakes, and other errors.
Content Posted from other Websites. NW has not reviewed, and cannot review, all of the material, including computer software, made available as links on and through the Websites. NW does not have any control over those websites and webpages, and is not responsible for their contents or any consequences arising from your linking to them. By clicking onto a non-NW website or webpage, NW does not represent or imply that it endorses such website or webpage or its contents. You are responsible for taking such precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NW specifically disclaims any responsibility for any harm resulting from your use of non- NW websites and webpages.
Copyright Infringement. NW respects the intellectual property rights of others. If you believe that material on or linked to by the Websites violates your intellectual property rights, please notify NW immediately. NW will respond to all notices, including as required or appropriate by removing the infringing material or disabling any links to the infringing material.
Intellectual Property. This Agreement does not transfer from NW to you any NW or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NW. NW, websites, logos, registered trademarks and all other trademarks, service marks, graphics and logos used in connection with the Websites are trademarks or registered trademarks of NW. Other trademarks, service marks, graphics and logos used in connection on or displayed by the Websites may be the trademarks of third parties and your use of the Websites does not in any direct or implied way, grant you any right or licence to reproduce or otherwise use any of the NW or third-party trademarks.
Changes. NW reserves the right, in its absolute and unfettered discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes on the Websites. Your continued use of or access to the Websites after the posting of any changes to this Agreement constitutes your complete and unconditional acceptance of those changes. NW may also, in the future, offer new services and/or features through the Websites and new features and/or services shall be subject to the terms and conditions of this Agreement.
Site Account Registration. Any personal information that you provide to us when ordering any product through the Websites will be held by us in accordance with our Privacy Policy. You may only have one active account, and that account cannot be transferred to or used by anyone other than you. You may update or terminate your account at any time. If you elect to use a work email address for your account or to access a Website, you agree to be solely responsible for complying with your rules, policies or protocols and you also agree that you cannot cancel an order or avoid liability for the payment of products only because of the fact that you violated your workplace policy by using the Website.
Termination. NW may terminate your access to all or any part of the Websites at any time, with or without cause and either with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by NW if you materially breach this Agreement and fail to cure such breach within fourteen (14) days from receiving notice from NW provided that NW can terminate the Websites immediately as part of a general shut down of our services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.The Website is provided for use on an “as is” basis. To the extent permitted by the Australian Consumer Law, NW disclaims and excludes (as the case may be) all warranties of any kind, express or implied, including, without limitation, warranties as to the merchantability, fitness for a particular purpose and non-infringement by the Websites. NW makes no warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You acknowledge that you download from, or otherwise obtain content or services through the Websites, at your own risk.
Limitation of Liability.Except to the extent required by the Australian Consumer Law, in no event will NW, or its suppliers or agents, be liable for negligence, strict liability or other legal or equitable cause of action for: (i) any special, incidental or consequential damage or loss; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. NW shall have no liability for any failure or delay due to matters beyond its reasonable control.
General Representation and Warranty.You represent and warrant that (i) your use of the Websites will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of data) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.
Indemnity. You agree to indemnify and hold harmless NW, its contractors, licensors, its directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Websites, including any breaches of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between you and NW and these terms and conditions may only be modified by NW by the posting revisions and updated onto the Websites. This Agreement, any access to or use of the Websites will be governed exclusively by the laws of the State of South Australia and the courts and tribunals of that State. If any of these terms and conditions are held to be invalid or unenforceable, the remaining parts will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. NW may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.