1. We respect privacy
   1. Pebble Global Pty Ltd ACN 616 742 735 (“We”, “Us”, Our”) respects the right to privacy and is committed to safeguarding the privacy of our customers and our website visitors. We adhere to the Australian Privacy Principles and other obligations contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat personal information.
   2. "Personal information" is information we hold which is identifiable as being about an individual.
   3. This policy governs our treatment of personal information, including information that we gather when you access or use any online service location that posts a link to this Privacy Policy and also applies to your use of our website, mobile software applications (“App”), products and services (collectively, the “Services”), but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of information from our users, and we use this information for you to interact with our App and Services, including to personalize, provide, and improve our App and Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfil your requests for certain products and Services, and to analyse how you use the App and Services. In certain cases, we may also share some personal information with third parties.
2. We respect privacy
   1. We will, from time to time, collect, receive and store personal information provided via the website, App or in the course of our Services, from you, provided to us directly or given to us in other forms.
   2. You may provide basic information such as your name, phone number, address, and email address to us directly, to enable us to send information, provide updates and process a product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, or when you provide information about your personal or business affairs, change content or email preferences, respond to surveys and/or promotions or provide financial or credit card information.
   3. You may have the option of registering an account and logging into or otherwise linking to that account using a third-party account such as Facebook, Google or other account provided by a third-party site or application. If you choose to provide or log into your account using your credentials for a third-party platform we may have access to certain information from that site, such as your name, contacts or friend’s lists, account information, public profile, and email address. Consequently, if you provide your third-party account credentials, you acknowledge that this information, as well as other information for that account (collectively, “Third-Party Account Information”) may be transmitted into your Pebble account if you authorize such transmissions. You further acknowledge that Third-Party Account Information transmitted to us is governed by this Privacy Policy.
3. What kind of personal information do we collect?
   1. The types of personal information we may collect include:
      • information such as name and date of birth;
      • contact information such as home address, home and mobile phone numbers, and email address;
      • financial information;
      • third party account credentials (such as social media and Google account information);
      • physical location;
      • IP addresses; and
      • image
   2. You generally have the right not to identify yourself when dealing with us where it is lawful and practicable for us to allow it. However, on many occasions we will not be able to do this, and provide our App and Services to you.
4. How do we collect personal information?
   1. We collect personal information in a variety of ways, including when you interact with us electronically, when you access our App, website or software applications and when we provide our App and Services. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy. We collect information that you provide directly to us or via third parties.  For instance, during the registration process (or when you update your account) you provide us with personal information such as your first and last name, email address, telephone number, and at your option, your social media platform credentials.
   2. Additionally, there may be instances where you find it necessary to communicate directly with us or where you have provided us with the means to communicate with you. For example, if you have given us your email address, we may send promotional email offers to you, notify you of any changes to the terms and conditions of the App and Services, or email you about your use of the App and Services. Also, we may receive data when you open an email from us or use our App and Services, including your contacts information. You are, however, free to opt out of receiving email marketing communications from us by the available unsubscribe functionality. Please note, however, that you may be unable to opt out of some administrative communications that are reasonably necessary to the App and Services, such as an order confirmation or service notifications
5. Use of personal information
   1. We may use personal information to provide you with information, updates, and our App and Services. We may also make you aware of new and additional products, services and opportunities available to you, provided by us, our partners, and service providers. We may use personal information to improve our product, App and Services and better understand individual and customer needs.
   2. We may contact you by a variety of measures including, but not limited to telephone, email, sms, or mail.
   3. We may also use your personal information to assist in the resolution of disputes between users of our App and Services.
6. Disclosure of personal information
   1. We may disclose your personal information to any of our employees, officers, insurers, partners, contractual counterparties, professional advisers, agents, suppliers, customers, users or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information may be supplied to a third-party when it is required for the delivery of our App and Services, for dispute resolution or for marketing purposes.
   2. We may also use personal information to protect our copyright, trademarks, legal rights, property or safety, and that of our customers or third-parties.
   3. If we provide personal information of other users to you for the purposes of resolving disputes, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify us against any claims relating to any other use of information not permitted by this policy.
   4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. It is not practicable to list all the countries in which the information we collect may be located, but these may include the United States, the United Kingdom, India, and New Zealand.
   5. If there is a proposed or actual change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
   6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose personal information to third parties, we will request that the third party follow this Policy regarding handling of personal information.
   7. f we provide a facility for communication between users of the App or Services, certain user profile information, including your username, phone number, location, and any image content that such user has uploaded to the App, may be displayed to other users to facilitate user interaction within the App or Services or address your request for our App and Services. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (in messages etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or products through the App and Services and other users can contact you through messages and comments.
7. Security of personal information

   We are committed to ensuring that personal information provided to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. Although we take measures to safeguard against unauthorised disclosures of information, we cannot provide an assurance that in all cases personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

8. Access to personal information
   1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you are seeking a copy of the information that we hold about you or you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you may email us at info@thebeehiveapp.com
   2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
9. Complaints about privacy

   If you have any complaints about our privacy practices, addressed your concerns to: info@pebbleglobal.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

10. Changes to Privacy Policy

    Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our App or website. Please check back from time to time to review our Privacy Policy.

11. Website
    1. When a user visits our website www.pebbleglobal.com, we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how users use our site, such that we can improve our Services.
    2. We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify users when a user comes back to the site and to store details about that user’s use of the site. Cookies are not malicious programs that access or damage a user’s computer. Most web browsers automatically accept cookies but a user can choose to reject cookies by changing the browser settings. However, this may prevent a user from taking full advantage of our website.
    3. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant advertising to website visitors through third parties.
    4. When you access our Services via your mobile device or computer, we may automatically collect information about your device or computer, including unique device identifiers (e.g., IMEI number, serial number, etc.), operating system, hardware model, etc.
    5. Our website may from time to time have links to other websites not owned or controlled by us. These links are meant for users’ convenience only. Links to third party websites do not constitute sponsorship, endorsement or approval of these websites. Please be aware that We are not responsible for the privacy practises of other such websites. We encourage users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Pebble Global Pty Ltd ACN 616 742 735 (“ Pebble”, “We”, “ Our ” or “ Us ”) owns and operates a website and mobile software application available on the Apple App Store ( “Pebble App”) allowing users (“ User”, “ You ” or “ Your”) access to a motivational and recording tool to assist in becoming consciously aware of their thoughts and acts in daily activity, and to permit contribution to charities and other organisations.

PLEASE READ THESE TERMS and ALL PEBBLE POLICIES including the Privacy Policy (collectively the “Agreement ”) carefully before using the services offered by Pebble.

1. Scope of Pebble service
   1. Pebble provides the Pebble App for free, but reserves the right to charge or offer micro transactions in the future.
   2. A reference to a User in this agreement includes any person that accesses the Pebble App.
   3. A User may be required to create an account with Pebble before use. An account is created when a User validly completes a registration form on the Pebble App (“User Account”) or by registering a User Account and logging into or otherwise linking to that User Account using a third-party account such as Facebook, Google or other account provided by a third-party site or application. If a User chooses to register or log into a User Account using that User’s credentials for a third-party App, Pebble may have access to certain information from that site, such as the User’s name, contacts or friends lists, account information, public profile, and email address.
   4. Pebble does not have any ability or responsibility to review, approve or verify any User or third party information provided via the Pebble App.
   5. Pebble may, at its sole discretion for any reason or no reason, terminate any User Account at any time without notice to a User.
2. User Obligations
   1. You must maintain control of Your Pebble account. You may not deal with Your User Account in any way (including by allowing others to use Your User Account or by transferring or selling the User Account or any of its content to another person).
   2. Pebble may, at its absolute discretion, refuse to allow any person to register or create a User Account with Pebble or cancel or suspend any existing User Account.
   3. You must not use the Pebble App for any illegal or unlawful purpose or in such a manner as to cause loss or damage, including reputational damage, to Pebble. Your use of the Pebble App must not, in any way whatsoever, be potentially or actually harmful to Pebble or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by Pebble. Without limiting any provision of these terms and conditions, any information You supply to Pebble must be up to date and kept up to date and must not:
      • be false, inaccurate or misleading or deceptive;
      • be fraudulent or involve illegal conduct;
      • infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
      • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
      • be defamatory, libellous, threatening or harassing;
      • be obscene or contain any material that, in Pebble's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
      • contain any malicious code, program, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Pebble App or User’s system, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
   4. You grant to Pebble an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information You provide to Us, for the purpose of including that material and information on the Pebble App and as otherwise may be required to provide the Pebble service, for the general promotion of Pebble Service and as permitted by this Agreement.
   5. You agree that Pebble has no control over, does not endorse or guarantee, and assumes no responsibility for, the content, accuracy, privacy policies, practices of, or opinions expressed by any User or third party (including advertisers) that You interact with through the Pebble services or on the Pebble App.  In addition, Pebble will not and cannot monitor, verify, censor or edit the content of any third-party site or service.  By using the Pebble App, You release and hold Us harmless from any and all liability arising from Your use of any third-party website or service.
   6. In the event that You have a dispute with one or more other Users or a third party, You release Pebble, its parent, affiliates and subsidiaries, and Our and their respective officers, directors, employees and agents from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute and/or Pebble Services or the Pebble App.
3. CONTRIBUTIONS TO NOT FOR PROFIT AND OTHER ORGANISATIONS
   1. From time to time, We may provide the opportunity for Users to donate to not for profit and other other organisations (“ Organisations”) via the Pebble App.
   2. The contribution of funds to the Organisations (“ Contributions”) is entirely voluntary and does not affect Your ability to use the Pebble App. Pebble and the Pebble App are not professional fund raisers or collectors for charity.
   3. Any Contribution You make is a gift at Your sole risk, and not a sale and purchase of goods or services, a wager, bet, lottery or other payment in consideration of, or in the expectation of receiving value.
   4. Pebble makes no representation or warranty as to:
      • the charitable or not for profit status or otherwise of an Organisation;
      • the Organisation’s use of funds contributed;
      • the ability or otherwise for the Organisation to provide a receipt;
      • the tax deductibility or otherwise of any Contribution; or
      • the accuracy or otherwise of any information provided by an Organisation.
   5. All User queries, complaints and correspondence in connection with a Contribution to an Organisation must be directed to the Organisation and not to Us.
   6. Contribution may not be permitted in Your State or Territory. If Contributions are prohibited in Your State or Territory, You must not Contribute as this functionality is not directed at You.
   7. You should obtain Your own legal and financial advice before making a Contribution.
   8. All contributions via the Pebble App are made via third party payment providers such as Stripe (“Payment Provider”). Use of any payment services are subject to the Payment Provider’s terms and conditions of service.
4. PAYMENT, FEES & REFUNDS
   1. The Pebble App is free as of the launch date. However, if this changes We will provide Your with at least 14 days’ notice.
   2. Pebble may choose to temporarily modify the price of the Pebble App, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will be communicated via the Pebble App.
   3. All fees and charges payable to Pebble are non-cancellable and non-refundable, subject to Your rights under any Non-excludable Terms.
   4. Any requests for a full or partial refund of contributions must be made directly to the Organisation to which the contribution was made.
   5. The User also agrees to pay any additional third party fees incurred by Pebble in relation to the processing of payments.
5. LIMITATION OF LIABILITY
   1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Term”), to the extent permitted by law Pebble specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction or via or connected with the Pebble App.
   2. Except for liability in relation to a breach of any Non-excludable Term, to the extent permitted by law, Pebble specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any third-party service provider or Organisation who may be included from time to time on the Pebble App.
   3. Except for liability in relation to a breach of any Non-excludable Term, Pebble's liability to any User of this service is limited to the total amount of fees paid by that User to Pebble during the twelve month period prior to any incident causing liability of Pebble.
   4. Pebble's liability to You for a breach of any Non-excludable Term (other than a Non-excludable Term that by law cannot be limited) is limited, at Our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing the goods supplied by Us in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services supplied by Us in respect of which the breach occurred.
6. THIRD-PARTY SERVICES
   1. Pebble may from time to time include on the Pebble App promotions for and links to services offered by third parties (“Third-Party Services”). These Third-Party Services are not provided by Pebble.
   2. Third-Party Services are offered to You pursuant to terms and conditions offered by the Third-Party. Third-Party Services may be promoted on the Pebble App as a convenience to Our Users who may find the Third-Party Services of interest or of use.
   3. If You engage with any Third-Party Service provider Your agreement will be directly between You and that Third-Party Service provider.
   4. Pebble does not endorse or recommend, and makes no representation or warranty as to the Third- Party Services.
7. PRIVACY
   1. Pebble’s Privacy Policy, which is available at http://www.pebbleglobal.com, applies to all Users and forms part of this Agreement. Use of the Pebble App confirms that You consent to, and authorise, the collection, use and disclosure of Your personal information in accordance with Pebble’s Privacy Policy.
   2. By registering to use the Pebble App, You understand and agree that We may send You communications or data including regarding Your use of the Pebble App, violations of such use, and promotional information and materials regarding Pebble, the Pebble App and our third party partners. To the extent such communication by us is governed by the Spam Act 2003 (Cth), it will provide opt-out instructions.
   3. Third-Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a Third-Party You must review and agree to their terms of service including their privacy policy.
8. INTELLECTUAL PROPERTY
   1. Unless otherwise specified, We are the owner or the licensee of all intellectual property rights in Our site, Pebble App and in the material published on it (“Pebble Content”). The Pebble Content is protected by copyright law. In addition, Pebble Content may be subject to trademark laws.
   2. Material and trademarks on Our site and the Pebble App may also be the intellectual property of third-parties, including charities, advertisers, partners and other organisations (“Third Party Content”). Third Party Content is similarly protected under copyright and trademark laws. You may not use any Third Party Content without the express permission of the owner of that Third Party Content.
   3. You may only use Pebble Content in connection with Your use of the Pebble App or site. In addition, You may print off one copy, and may download extracts, of any page(s) from Our site or the Pebble App for Your personal reference and You may draw the attention of others to Pebble Content posted on Our site or the Pebble App.
   4. Our status as (and that of any identified contributors) as the authors of Pebble Content on Our site must always be acknowledged.
   5. You must not use any part of the materials on Our site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
   6. If You print off, copy or download any part of Our site or the Pebble App in breach of these terms of use, Your right to use Our site and the Pebble App will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
   7. You may not print off, copy, download or otherwise use or display any of Our trademarks or brand names without our express permission.
9. NO WARRANTY

   Except for liability in relation to any Non-excludable Term, the Pebble App is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, We and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:

   • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful Third-Party conduct, or theft, destruction, alteration or unauthorised access to records;
   • the accuracy, suitability or currency of any information on the Pebble App, or any related products or services (including Third-Party material and advertisements on the Pebble App);
   • costs incurred as a result of You using the Pebble App; and
   • the services or operation in respect to hyperlinks which are provided for Your convenience.
10. VARIATIONS TO THE AGREEMENT
    1. Pebble may vary this Agreement from time to time. Pebble will notify You of variations by sending a message to Your User Account, Your email address held on file, or by posting the information on the Pebble App.
    2. Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 7 days after they are initially notified to You. Each time You use the Pebble App in any manner after the expiry of that 7 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm Your agreement to be bound by the Agreement as it may have been varied.
    3. If You do not agree with any changes to this Agreement (or any of Our Policies), You must terminate Your Pebble account and stop using the Pebble App.
11. NO AGENCY

    No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Pebble, its related entities or affiliates in any way whatsoever. Pebble confirms that all Third-Party Services that may be promoted on the Pebble service are provided solely by such Third-Party Service providers. To the extent permitted by law, Pebble specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.

12. INDEMNITY

    You agree to indemnify, defend and hold harmless Us and Our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of this Agreement or any activity related to Your User Account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by You or any other person accessing the Pebble App using Your User Account.

13. NOTICES

    Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Pebble's contact address as displayed on the Pebble App, or to the Pebble Users’ contact address as provided at registration. Any notice shall be deemed given:

    • if sent by email, 24 hours after email is sent, unless the sender is notified that the email address is invalid or the email is undeliverable, and
    • if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, “Business Day ” means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
    • Notices related to performance of any Third-Party Service must be delivered to such Third-Party as set out in Third-Party Service Provider terms and conditions.

14. DISPUTE RESOLUTION
    1. You must resolve disputes (including claims for returns or refunds) with other Users directly. You acknowledge and agree that Pebble may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
    2. Pebble has the right to hold any payment the subject of a dispute, until the dispute has been resolved.
    3. If You have a complaint about the Pebble App please contact Us at info@pebbleglobal.com.
    4. If Pebble provides information of other Pebble Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that You will indemnify Pebble against any claims relating to any other use of information not permitted by this Agreement.
15. TERMINATION
    1. Either party may terminate a User Account and this Agreement at any time for any reason.
    2. Termination of Third-Party Services are subject to that Third-Party Service provider’s terms and conditions.
    3. Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement
16. GENERAL
    1. This Agreement is governed by the laws of New South Wales, Australia. You and Pebble submit to the exclusive jurisdiction of the courts of that State.
    2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
    3. This Agreement may be assigned or novated by Pebble to a third-party without Your consent. In the event of an assignment or novation You will remain bound by this Agreement.
    4. This Agreement sets out the entire understanding and agreement between You and Pebble with respect to its subject matter.