Privacy Policy

We know that in this digital age, your privacy is important. This Privacy Policy reflects our commitment to protecting personal data and the choices we offer you regarding how your data is used. We welcome you to read more about how we keep your information safe, as well as how you can exercise your rights. In addition, our Privacy policy covers our treatment of data that may be personal to you.

‍We will review, update, and amend these policies from time to time, consistent with our business needs and technology. We encourage you to check back periodically for new updates or changes. Your continued use of the service makes up for your acceptance of any change to this Privacy Policy. We are the data controller of your information. We handle and process all data on behalf of our customers
You may likewise decide not to give us “discretionary” Personal Data; however, please remember that without it, we will most likely be unable to provide you with the full scope of our administrations or with the best client experience when utilizing our Services.
This Privacy Policy (“Privacy Policy”) describes how Lark Wellness. Will gather, use, and maintain your Personal Information on larkwellness.com.au. It will also explain your legal rights with respect to that information.
Lark Wellness has adopted the 13 Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act).
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/privacy-law/privacy-act/australian-privacy-principles
By using the website or services, you confirm that you have read and understood this Privacy Policy and our Terms (together referred to herein as the “Agreement”). The Agreement governs the use of larkwellness.com.au. We will collect, use, and maintain information consistent with the Agreement.

What private data do we collect from the people who visit our website?

When enlisting on our site or buying services, as suitable, you could be approached to type in your name, email, payment information, or different subtleties to assist you with your experience.

Categories of Information Collected

Personal Data: Personal Data is information that can be used to identify you specifically, including your name, email address, telephone number, and age. You consent to give us this information by providing it to us voluntarily on our website. 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.
Onboarding Data: In addition to the questionnaire responses provided by users (including Counselors) in the process of initial registration, Lark Wellness collects, uses, and stores certain additional data from users during the onboarding process (“Onboarding Data”). This data includes the pages viewed by the user, whether the user clicks the “Get started” link to begin completing the questionnaire, and whether the user responds to any of the questionnaires prompts.
Counseling Session Data: Lark Wellness collects, uses, and stores certain general data regarding user counselling sessions, such as whether a live session has been scheduled by the user, whether a Counselor or user joins a scheduled session when a counselling session began and ended, and whether a counselling session was cancelled or re-scheduled.
Communications Data: Lark Wellness collects, uses, and stores communications between users and Counselors on the Platform and communications between users and Lark Wellness’s customer service team (“Communications Data”).
Financial Data: Financial data is related to your payment methods, such as credit card or bank transfer details. We collect financial data to allow you to purchase or exchange services from our website. We store limited financial data. Most financial data is transferred to our payment processor, PayPal, and you should review these processors’ Privacy Policies to determine how they use, disclose, and protect your financial data.
- As a courtesy, PayPal Privacy Policy can be found here https://www.paypal.com/us/webapps/mpp/ua/privacy-full

Automatically collected information about your use of our Services or tools

This information is registered automatically with the visit by the own configuration or manual of each tool on the website

When you visit, connect with, or utilize our service, we may gather, record, or create specific specialized data about you. We do so either autonomously or with the assistance of third gathering Service Providers, including using “cookies” and other following innovations.
We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website and for our internal analytics and reporting purposes.

The information we collect includes:

Log and Usage Data. Log and usage data are service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Website, which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, settings, and information about your activity on the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet, or another device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

How do we use your details?

Purposes for Which Information is Used

We may use the information we collect for one or more of the following purposes:

Communication with you

To contact you or provide you with information, alerts and suggestions that are related to the Platform.
To verify your identity.
To reach out to you, either ourselves or using the appropriate authorities, if we have a good reason to believe that you or any other person may be in danger or maybe either the cause or the victim of a criminal act.

Delivery of services to you

For billing and transaction processing purposes.
To match users with Counselors and facilitate the Counselor Services.
To provide, support, personalize, and develop our Platform and Counselor Services.

Administration and improvement of services

To supervise, administer and monitor the Platform.
To measure and improve the quality, effectiveness, and delivery of our services.

Customization

To personalize the website experience and to deliver content and service offerings relevant to individual interests, including targeted offers and ads through our websites and via email.

Compliance with law

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
To comply with applicable state and federal laws, including but not limited to laws related to protecting client and public health and safety.

Other uses with consent

Any other purpose with your consent.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.

As noted in the list above, we may communicate with you if you’ve provided us with the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve our services. If you do not want to receive communications from us, please indicate your preference by emailing us at info@larkwellness.com.au.

Do Not Track

Currently, various browsers — such as Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites visited by the user about the user’s browser DNT preference setting. Lark Wellness does not currently commit to responding to browsers’ DNT signals concerning the Company’s Web sites, in part because industry groups have adopted no common industry standard for DNT, technology companies, or regulators, including no consistent standard of interpreting user intent. Lark Wellness takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

How we use cookies

We use cookies and similar technologies for several purposes, depending on the context or service, including:

We are keeping track of your specified preferences. This allows us to honour your likes and dislikes, such as your language and configuration preferences.
Detecting and preventing fraudulent activity and improving security.
We are conducting research and diagnostics to improve our offerings.
Reporting allows us to measure and analyze the performance of our offerings.

First-party cookies

Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are often set in response to actions made by you, which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms.
Functional cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by third-party providers whose services we have added to our pages or by us.
Performance cookies: These cookies allow us to count visits and traffic sources to measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site.

Targeting cookies: These cookies may be set through our site and used to build a profile of your interests and show you relevant adverts on other sites.

What are your choices regarding cookies?

Cookie Preferences on the website: Our cookies allow you to take advantage of some essential and useful features. Blocking some types of cookies may impact your experience of our sites. You can change your cookie preferences at any time by clicking ‘Cookie Preferences in the footer of the website.

Browser settings: You can also manage browser cookies through your browser settings. The ‘Help’ feature on most browsers will tell you how to remove cookies from your device, prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. Check the support site for your browser to understand the privacy settings available to you. If you block or reject some of our cookies through your browser’s settings, some features and services may not work. You might also have to manually adjust your preferences or settings every time you visit our website.

GDPR-Customer data processing appendix:

Customer Data” means any personal data that Lark Wellness processes on the Customer’s behalf via the Services, as more particularly described in this DPA.

“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, EU Data Protection Law and Non-EU Data Protection Laws.

GDPR-EU data protection law

“EU Data Protection Law” means all data protection laws and regulations applicable to Europe, including (i) Regulation 2016/679 of the European Parliament and the Council on the protection of natural persons concerning the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR“); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); and (iv) in respect of the United Kingdom (“UK“) any applicable national legislation that replaces or converts in domestic law the GDPR or any other law relating to data and privacy as a consequence of the UK leaving the European Union.

“Europe” means, for this DPA, the European Union, the European Economic Area and/or their member states, Switzerland, and the United Kingdom.

“SCCs” means the standard contractual clauses for processors as approved by the European Commission or Swiss Federal Data Protection Authority (as applicable), which shall apply only to transfers of Customer Data from the European Union.

“Sensitive Data” means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords; or (f) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws.

“Services Data” means any data relating to the Customer’s use, support, and/or operation of the Services, including information relating to volumes, activity logs, frequencies, bounce rates, or other information regarding emails and other communications the Customer generates and sends using the Services.

Parties’ roles: If EU Data Protection Law or the LGPD applies to either party’s processing of Customer Data, the parties acknowledge and agree that concerning the processing of Customer Data, the Customer is the controller and is a processor acting on behalf of Customer, as further described in Annex A (Details of Data Processing) of this DPA.
Purpose limitation: Lark Wellness shall process Customer Data only following the Customer’s documented lawful instructions as outlined in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing (“Permitted Purposes”). The parties agree that the agreement sets out the Customer’s complete and final instructions to Lark Wellness concerning the processing of Customer Data. Processing outside the scope of these instructions (if any) shall require a prior written agreement between the parties.
Prohibited data. The customer will not provide (or cause to be provided) any Sensitive Data to Lark Wellness for processing under the Agreement, and Lark Wellness will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. To avoid doubt, this DPA will not apply to Sensitive Data.
Customer compliance: Customer represents and warrants that (i) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Customer Data and any processing instructions it issues to Lark Wellness; and (ii) it has provided, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under Data Protection Laws for Lark Wellness to process Customer Data for the purposes described in the agreement. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and how Customer acquired Customer data. Without prejudice to the generality of the preceding, Customer agrees that it shall be responsible for complying with all laws (including Data Protection Laws) applicable to any emails or other content created, sent, or managed through the service, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices.
The lawfulness of Customer’s instructions: The customer will ensure that United Kingdom processing of the Customer Data by Customer’s instructions will not cause Lark Wellness to violate any applicable law, regulation, or rule, including, without limitation, Data Protection Laws. Lark Wellness shall promptly notify Customer in writing unless prohibited from doing so under EU Data Protection Laws if it becomes aware or believes that any data processing instruction from Customer violates the GDPR or any UK implementation of the GDPR.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws to your data.

You may have the following rights: –

Request access to your data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide.
Request deletion of your data. This enables you to ask us to delete or remove personal data where there is no good reason to continue processing it. You also have the right to ask us to delete or remove your data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
Object to processing your data where we are relying on a legitimate interest (or those of a third party). Something about your situation makes you want to object to processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object to processing your data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information, overriding your rights and freedoms.
Request restriction of processing of your data. This enables you to ask us to suspend the processing of your data in the following scenarios:
1. If you want us to establish the data’s accuracy.
2. Our use of the data is unlawful, but you do not want us to erase it.
3. You need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims.
4. You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your data to you or a third party. We will provide your data in a structured, commonly used, machine-readable format to you or a chosen third party. Note that this right only applies to automated information. You initially provided consent for us to use or use the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not provide certain services to you.

International Data Transfer

The personal information we process may be transmitted or transferred to countries other than where you reside. Those countries may have data protection laws that are different from the laws of your country.

The servers for our Platform are in Australia, and the Lark Wellness and third-party service providers operate in many countries around the world. When we collect your personal information, we may process it in any of those countries.

We have taken appropriate steps and put safeguards in place to help ensure that your personal information remains protected by this Privacy Statement. For example, any data transfers between our group companies are governed by our intragroup agreements, which incorporate strict data transfer terms (including the European Commission’s Standard Contractual Clauses for transfers from the EEA) and require all group companies to protect the personal information they process in accordance with applicable data protection law.

How do we protect your details?

We have implemented industry-accepted administrative, physical, and technology-based security measures to protect against the loss, misuse, unauthorized access, and alteration of personal information in our systems. We ensure that any employee, contractor, corporation, organization, or vendor who has access to personal information in our systems is subject to legal and professional obligations to safeguard that personal information.
We do not use vulnerability scanning and/or scanning to PCI specifications.
We use regular Malware Scanning.
Your individual information is comprised behind secured systems and is merely accessible by a restricted number of folks who’ve special access privileges to such systems and must keep the information confidential carefully. Furthermore, your resource’s very sensitive/credit information is encrypted via Secure Socket Layer (SSL) technology.
We implement several security measures whenever a user gets into, submits, or accesses their information to protect your individual information.
While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet or form of electronic storage is 100 per cent secure. Therefore, we cannot guarantee its absolute security.
Lark Wellness prohibits unauthorized access or use of personal information stored on our servers. Such access is a violation of law, and we will fully investigate and press charges against any party that has illegally accessed the information within our systems.

Limitation of liability

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
We make no legal representation that the website or services are appropriate or available in locations outside Australia. You may access the website from outside Australia. At your own risk and initiative and must bear all responsibility for compliance with applicable foreign laws.

Governing Law and Jurisdiction

This website originates from Australia. The laws of Australia. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of Australia. Using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim to arise under or because of these terms. You hereby waive any right to trial by jury arising out of these terms.

Changes to this privacy notice

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to changes by placing a notice on the Lark Wellness website by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all the changes. The use of the information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact us or email us at info@larkwellness.com.au or call at 0422 262 625.