disclaimer

Guidance offered in consultations and descriptions listed on this website are not intended as a substitute for advice from your doctor or other health care professional, and I do not claim or intend to treat, diagnose, prevent, or cure any disease. Qi By The Sea will not be held responsible for any reactions, adverse effects, or misuse of its guidance or information, as they are just suggestions. When in doubt, always consult your trusted healthcare professional.

This website is updated on a regular basis and while I try to make accurate statements in a timely and effective manner, I cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let me know, please email me at hello@qibythesea.com.

privacy & terms of use

last updated 12 march 2020

By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

general provisions

This website is owned and operated by Penelope McKinley-Rodgers.

You must be at least sixteen years of age to use my website. Use of this website is at your own risk. I host my site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time. 

intellectual property notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Penelope McKinley-Rodgers, or the properly attributed party. It is a violation of copyright to use any of my intellectual property in whole or in part without proper accreditation.

your communications

Any communications made through my ‘contact,’ newsletter sign up or other related pages, or directly to my phone or mailing or email addresses is not held privileged or confidential and may be subject to viewing and distribution by third parties outside of my control. For more information on when and how I store and use your communications or any data provided by you in those communications, please refer to my Privacy Policy below.

affiliates

This site may use affiliate links to sell certain products or services. I disclaim any and all liability as a result of your purchase through one of these links. I will use reasonable efforts to notify you when and where we have placed affiliate links but you accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communication.

privacy policy

Qi By The Sea respects your privacy.  This Privacy Policy is designed to explain how I collect, use, share, and protect the personal information you provide to me when you access my website, purchase my goods or services, or engage with me on social media, as well as your own rights to the information I collect.

Please read this Privacy Policy carefully. I will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy.  Any changes become effective immediately upon publication on my website, and you waive specific notice of any changes to the Policy by continuing to use and access the site.  I encourage you to review this Privacy Policy periodically, when you use my website for any purpose or engage with me on social media.  You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of my website after the revised Privacy Policy is posted.

information collected

I collect a variety of information from you when you visit my website, make purchases, or interact with me on social media. By accepting this Privacy Policy, you are specifically consenting to my collection of the data described below, to my use of the data, to the processing of this data, and to my sharing of the data with third party processors as needed for our legitimate business interests. The information I collect may include:

Personal Data:  Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown.  You consent to giving me this information by providing it to me voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from my website.  You may also provide this information by participating in various activities associated with my site, including responding to blogs, contacting me with questions, or participating in group training. Your decision to disclose this data is entirely voluntary.  You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.  

Derivative Data:  Derivative data is information that my servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view.  If you are using a mobile application, my servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with my application.  

Financial Data:  Financial data is data that is related to your payment method, such as credit card or bank transfer details. I collect financial data in order to allow you to purchase, order, return or exchange products or services from my website and any related mobile apps. I store limited financial data.  Most financial data is transferred to my payment processor. 

Social Networking Data:  I may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat  or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information.  If you do not want me to access this information, please go to the specific social networking site and change your privacy settings.

Mobile Device Data:  If you use my website via a mobile device or app, I may collect information about your mobile device, including device ID, model and manufacturer, and location information.

Other data: On occasion, you may give me additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.

how information is used

You information allows me to offer you certain products and services, including the use of my website, to fulfil my obligations to you, to customise your interaction with my website, and to allow me to suggest other products and services I think might interest you.

 Specifically, I may use the information and data described above to:

• Create and administer your account; and

• Deliver any products or services purchased by you to you; and

• Correspond with you; and

• Process payments or refunds; and

• Contact you about new offerings that I think you will be interested in; and

• Interact with you via social media; and

• Send you a newsletter or other updates about my website; and

• Deliver targeted advertising; and

• Request feedback from you; and

• Notify you of updates to my product and service offerings; and

• Resolve disputes and troubleshoot any problems; and

• Administer contests or giveaways; and

• Generate a profile that is personalised to you, so that future interactions with my website will be more personal; and

• Compile anonymous statistical data for my own use; and

• Assist law enforcement as necessary; and

• Prevent fraudulent activity on my website or mobile app; and

• Analyse trends to improve my website and offerings.

when information is disclosed

I may share your information with third parties in certain situations. In particular, I may share your data with third party processors as needed to serve our legitimate business interests, which include administration of my website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of my website, and marketing additional goods and services to you.  The legal basis for my disclosure of your data is both your Consent to this Privacy Policy and my own right to protect and promote my legitimate business interests.  

The following are specific reasons why I may share your information.

Third Party Processing:  I may disclose your information to third parties who assist me with various tasks, including payment processing, hosting services, email delivery and customer service.  For more information, see the “Third Party Processing” Section below.

By Law: I may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others.  This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

Advertisers:  I may use third party advertising companies to run and manage our ads, such as Facebook to produce ads that appears when you visit my Website or mobile app. These companies may use information about your visit to my website and other websites that are contained in web cookies (as described below) to offer you personalised advertisements about goods and services that might interest you. I cannot control the activities of, such other advertisers or web sites.  You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

Online postings: When you post online, your posts may be viewed by others, and I may distribute your comments outside the website.

External Links: My website may include hyperlinks to other websites not controlled by me.  I suggest you exercise caution when clicking on a hyperlink. Although I use reasonable care in including a hyperlink on my own web page, I do not regularly monitor the websites of these third parties, and are not responsible for any damage or consequences you suffer by using these hyperlinks.  I am not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by mine.  I encourage you to read the Policies of those third party websites  before interacting with them or making purchases. They may collect different information and by different methods than I do. 

Other purposes: I may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others.

tracking technology

Cookies, Log Files and Web Beacons: Like many other Web sites, I make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

I also use cookies - small text files sent to us by your computer - and web beacons to store certain  information. I may use cookies to authenticate your identity, to determine if you are logged onto my website, for personalisation, for security, for targeted advertising, or for analysis of the performance of our website and services.  For example, cookies allow me to recommend blog posts to you based on what you have read on my site in the past. I use cookies that are not specific to your account but unique enough to allow me to analyse general trends and use, and to customise your interaction with my website.

Most browsers are set to accept cookies by default.  In addition, when you first encounter my website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options.  However, this may affect your ability to use or make purchases from my website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies?  By continuing to use my website and not disabling cookies on your browser, you are consenting to my use of cookies in accordance with the terms of this policy.    

In addition, I may use third-party software to post advertisements on our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. I have no control over these third parties or their use of cookies.  For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

website analytics

I may partner with third party analytic companies, including Squarespace analytics and Google Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of my website or mobile app to determine the popularity of the content, and better understand online activity.  I do not transfer personal information to these third party vendors. However, in order to access my website, you must consent to the collection and use of your information by these third party analytic companies.  You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies,  visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool

processing your information

For the most part, I do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to me. So in many instances, it will be necessary for me to transmit your information to a third party processor, as I do not have the capability to perform these functions. More detail on third party processing is detailed below.

However, I may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and my need to conduct our legitimate business interests.  My purposes in processing this information, if I do, is to administer, maintain, and improve my website and offerings, to enter into contracts with you, to fulfil the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with my legal obligations, to obtain professional advice, and to protect the rights and interests of my business, my customers (including you), and any third parties.  I may process the following data: 

• Data associated with your account, such as your name, address, email address and payment information

• Data about your usage of my website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.  

• Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.

• Data that you provide me in the course of using my services.

• Data that you post on my website, such as comments or responses to blogs.

• Data that you submit to me when you make an enquiry regarding my website or offerings.

• Data related to your transactions with me, including your purchase of our goods or services. This information may include contact details and payment information.

• Data that you provide to me when you subscribe to my emails or newsletters, including your email address and contact information.

• Data that you submit to me via correspondence, such as when you email me with questions.

• Any other data identified in this policy, for the purpose of complying with my legal obligations, or to protect the vital interests of you or any other natural person.

data retention

I retain personal data as long as it is needed to to conduct my legitimate business purposes or to comply with my legal obligations, or until you ask me to delete your data. For example, I will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account.  Data that I gather for a specific and particular purpose, such as assisting law enforcement or analysing trends, will not be kept for longer than is necessary for that particular purpose.  Data that is no longer needed by me for any of the purposes listed above will be permanently deleted.   

You may request that I delete your data at any time.  However, note that I cannot control the retention policies of third parties.   If you wish to have any third parties, including those to whom I’ve transmitted your data, delete that data, you will need to contact those third parties directly.  You may request from me a list of all third parties to whom I have transmitted your data.

security of your information

I take all reasonable steps to protect your personal data and keep your information secure.  I use recognised online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse.  However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse.  I cannot guarantee complete security of any information you transmit to me.

By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. I cannot prevent the use or misuse of your data by other parties.

I will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.

your rights

You have certain rights with respect to your personal data, as outlined below. Note that I may charge you a reasonable fee for actions that you ask me to take with respect to your data.  In addition, I reserve the right to request that you provide me with evidence of your identity before I take any action with respect to the exercise of your data rights.  Further, your rights may be restricted or nullified to the extent they conflict with my compelling business interests, the public interest, or the law.

Update Account Information:  You have the right to update or change any information you have provided to me.  To update or delete your information, please contact me at hello@thefragrantapothecary.com.

Confirm Personal Data and Its Use: You have the right to request that I confirm what data we hold about you, and for what purposes.  You also have the right to confirmation of whether I process your data or deliver your data to third party processors, and for what purposes. I will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.  

Change Consent: You have the right to change your consent to my use of your information.  In such cases, I may require you to delete your account with me, as described above, and you may not have full access to my website.

Request a Copy of Data:  You have the right to request a digital copy of the data that I hold about you.  Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.

Transfer Your Data: You have the right to request that I gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause me an undue burden.

Delete All Data:  You have the right to request that I delete all data that I hold about you, and I must delete such data without undue delay.  There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defence of legal claims.  Such a request may result in a termination of your account with me and you may have limited or no use of my website.

Emails And Communications:  You may opt out of receiving future email correspondence from me by checking the appropriate box when you register for the account or make a purchase.  You may change your communication settings by contacting me at hello@thefragrantapothecary.com

Marketing Communications:  You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at hello@thefragrantapothecary.com

Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, I will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or my business.  In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to my website.  

Complaints: You have the right to complain to a supervising authority if you believe I am misusing your data or have violated any of your rights under this Privacy Policy or applicable law.

newsletter privacy

I offer the opportunity for you to volunteer certain information to me that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but I reserve the right to maintain a database of past email subscribers. I reserve the right to use this information as reasonably necessary in my business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.

jurisdiction

These Terms of Use will be governed and interpreted pursuant to the laws of (New South Wales) NSW, Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in NSW connection with any dispute between you and The Fragrant Apothecary arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in Sydney, NSW. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. The Fragrant Apothecary may revise these Terms of Use at any time by updating this posting.

entire agreement

The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

contact information

Email: hello@qibythesea.com