Lovatts Media Website Terms of Use and Privacy Policy

This Terms of Use and Privacy Policy document was last updated on: Tuesday 10 October 2017

    • 1.1 Lovatts Media Group Pty Ltd (ABN 99 003 314 681) (Lovatts Media) own and operate websites: teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com. By visiting these websites, visiting their affiliated social media pages and using their services you are consenting to the collection and use of information in accordance with this Terms of Use and Privacy Policy.
    • 1.2 Lovatts Media recognise that privacy is very important and aim to adhere to the Australian Privacy Principals and other applicable privacy legislations.
    • 1.3 Before providing Lovatts Media with any information, users should read through this Terms of Use and Privacy Policy so that they understand and are comfortable with how Lovatts Media will collect and use information that is shared with us.
    • 1.4 Accessing Lovatts Media’s websites and your affirmative act of using this website signifies that you agree and accept without qualification or limitation the following Terms of Service, the information practices disclosed in the Lovatts Media Website Terms and Privacy Policy, to receive required notices and to transact with us electronically. If you do not agree, do not use Lovatts Media websites including: teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com.
    • 1.5 We may change this Terms of Use and Privacy Policy at any time without notice and any changes will be posted on the above listed websites. Please review the Terms of Use and Policy from time to time. You can review the most current version of the Terms of Service by clicking on the Terms of Service link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use Lovatts Media websites after we post changes to these Terms of Service, you are signifying your acceptance of the new terms.
    • 1.6 We may discontinue or change any product, service, feature or specification on teenbreathe.com.au at any time and without notice.


  • 2.1 Lovatts Media offer premium products, services and subscriptions for a fee. Payment and other applicable terms relating to your use of the products and services, if any, will be disclosed to you at the time you sign up for any fee-based products or services and you will be subject to those additional terms.
  • 2.2 Your fees are payable in advance, unless specifically noted otherwise, and are not refundable in whole or in part. We reserve the right to change our fees or billing methods at any time.
  • 2.3 Online purchases: Any order placed by you is an offer by you to purchase the particular product or service specified. We reserve the right to accept or reject your order for any reason, including, and without limitation, an error in your order or in the material or content on the teenbreathe.com.au website, or the unavailability of the product or service.


  • 3.1a violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights
  • 3.1b is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts
  • 3.1c victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • 3.1d impersonates any person, business or entity, including Lovatts Media Group and its employees and agents
  • 3.1e contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of a computer or computer network
  • 3.1f encourages conduct that would constitute a criminal offence, or that gives rise to civil liability
  • 3.1g violates the Terms of Service, guidelines or any policy posted on Lovatts Media Websites including teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com
  • 3.1h interferes with the use and enjoyment of teenbreathe.com.au by others
  • 3.1i damages, disables, overburdens, or impairs our servers or networks or
  • 3.1j attempts to gain unauthorised access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
  • 3.1k Lovatts Media may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms of Service.


    • 4.1 Material on Lovatts Media websites including but not limited to the selection, organisation, arrangement, and enhancement of the content, the look and feel of the colour combinations, button shapes, and other graphical elements, logos, brands and trade names is protected by all applicable laws including copyright and trade mark laws and may not be used without our prior written consent. Any unauthorised use of such material may violate copyright laws, trade mark laws and privacy laws and civil and criminal statutes.
    • 4.2 You may not use any data mining, robots, or similar data gathering and extraction tools on the content, frame any portion of teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com or content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without our prior written consent. You may not circumvent any mechanisms included in the content or used by us to prevent the unauthorised reproduction or distribution of the content.


    • 5.1 teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that Lovatts Media endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites.
    • 5.2 Any dealings that you have with advertisers found on teenbreathe.com.au, com, breathemagazine.com.au, lovattspuzzles.com and youplay.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.



    • 7.1 Your sole and exclusive remedy for any dispute with us is to discontinue your use of teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com
    • 7.2 Lovatts Media and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages.
    • 7.3 To the fullest extent permitted by law, our liability for breach of any implied warranties, conditions or undertakings which cannot be excluded is limited to (i) the supply of the product or service again or (ii) the payment of the cost of having the product or service supplied again.





10.1       The information Lovatts Media collect from our customers, website visitors and social media communities helps us personalise, market and continually improve our products and services. It also facilitates the provision of our products and services and other information to you including purchase transactions undertaken through our websites and social media pages. You are not obliged to provide your personal information however failure to do so may result in us being unable to provide you with certain content, products or services or information or to process your transactions, provide after sales services or accept entries to promotions or competitions where applicable.

10.2       Lovatts Media may also collect automatic information which tells us about visitors to our websites and social media pages such as the date, time and duration of visits and which pages of the websites are most commonly accessed, and the Internet Protocol (IP) addresses and browser type. You cannot be identified from this information and we use it to collect broad aggregated information to help us improve our products and services.

10.3        Lovatts Media collect both personal and non-personally identifiable information. “Personal Information”, as used in this Terms of Use and Privacy Policy, is personally identifiable information such as your first and last name, email address, mailing address, billing information, IP addresses, demographics, passwords, telephone number and/or other online contact information.

10.4       Sensitive information might be collected from time to time buy Lovatts Media via surveys, competitions or other means, this information will only be collected if volunteered by the Users and with their consent. Users can choose not to actively volunteer sensitive information to Lovatts Media, however if they do provide information when asked or promoted, including sensitive information, the User is providing consent for Lovatts Media to collect, store and use that information for business purposes.

10.5       When Personal Information is updated with Lovatts Media it may take up to 90 days from the accessible systems, and up to 120 from the backup systems for us to update personal information.




    • 11.1 Lovatts Media collect information as follows
  • a) Voluntarily: Lovatts Media collect information Users provide to us in optional, voluntary submissions, including but not limited to purchases via website, email and phone, registration forms, user profiles, promotional sign ups, sweepstakes/ competition entries, email or phone requests for customer service, software and mobile applications downloads and curriculum vitae submissions.
  • b) Automatically: Lovatts Media like all other websites, will create and record information when you visit our websites. We use cookies and other similar technology to collect information such as your IP address, the frequency and duration you visit our site for. We may track activity relation to Your interaction with Our email communications and with links contained within Lovatts Media email communications and our sites.
  • c) Via 3rd Party Sources: We may also obtain information, including Personal Information, from third party sources. This may include soliciting third parties to collect Personal Information on Lovatts Medias behalf. In such cases Lovatts Media will instruct those third parties to comply with this Terms of Use and Privacy Policy. We may use analytic tools and other third party technologies, to collect non-personally identifiable information in the form of various usage and user metrics when You use Lovatts Media websites and/ or services. These third party analytic companies may combine the information collected for Lovatts Media with other information they independently collect. Many of these companies collect and use information under their own privacy policy.



    • 12.1 Lovatts Media collect personal information only for the purposes for which it was collected and in accordance with this Terms of Use and Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process personal information needed to provide, sell, market and improve our services. We take reasonable steps to ensure that the personal information we collect is accurate, complete, current and secure, but we depend on customers to update or correct their personal information whenever necessary.
    • 12.2 Lovatts Media generally use the Personal Information provided to establish and enhance the delivery of our products and services and for:
  • a) Communication

To provide You with customer support, process transactions, respond to users’ requests, send newsletters and updates, send special offers and advertisements, seek Your opinions and feedback, and connect users to Lovatts Media Sites and/or Services and to products and services of Our partners and licensees.


  • b) Optimisation

To provide, improve, and maintain Lovatts Media websites and services, to develop new products and services, to prevent abuse and fraud, to personalise and display advertisements and other content for You, and for other administrative and internal business purposes.


  • c) Marketing and advertising

To personalise and display advertisements and other content for You.

We may share your anonymised email address with one or more of our third-party business partners including social media sites, so that You will receive more relevant online ads from us and other parties.  This works by dropping a cookie on your browser linked to data that is known about you so that third party advertisers can show you more relevant ads. We may also use various measurement services and companies to analyse collected data about Your engagement with Our Sites and Services. The information that is collected is not personally identifiable, and is pseudonymous or aggreged data that does not identify any individual user. The third-party analytics companies that We use may share the User information they collect from Our Sites with other measurement companies, who gather data from various sources, analyse and report on it for their clients. The reported information will cover various elements, for example it may summarise how many people have viewed a certain webpage within a certain age bracket. By using our Sites and Services, You consent to the collection of data by Lovatts Media servers or third party affiliates, or the transfer of information to them, wherever necessary for Lovatts Media’s performance optimisation.


  • d) Sharing features

By using any third-party service to share links to content, You permit Lovatts Media to access, use and disclose any information relating to Your account on each such third party service (such as Your user name and profile information) available to Lovatts Media through the third party service. We may use third-party advertising companies to serve advertisements to you when you visit our websites. These companies may use information about your visits to our and other websites in order to provide advertisements about goods and services of interest to you.


    • 13.1 “Cookies” are pieces of information that a website issues to your computer as a mechanism for remembering useful information such as items in a shopping cart, or to remember you from your last visit and storing your selections and preferences. Most web browsers are set to accept cookies. We may make use of cookies to ensure we provide our products and services as conveniently and accurately as possible. You may set your browser to refuse cookies however certain features of this website may not work and this may limit the services we provide. Although cookies do identify a user’s computer, they do not personally identify users.
    • 13.2 Local storage is used to store current general data. No personal details are stored using this technology.


    • 14.1 For the purposes described in this Terms of Use and Privacy Policy, personal information may be shared with our employees, contractors, agents and service providers in order to operate the websites, deliver a product or service, market and advertise our products or complete a transaction. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution if they fail to meet these obligations.
    • 14.2 We will not use or disclose your personal information for any purpose except as stated in this Privacy Policy without consent, except in exceptional cases when disclosure may be required in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.
    • 14.3 If we are acquired by or merged with another company, or sell all or a portion of our assets, your personal information may be among the assets transferred. In this circumstance, and where your personal information will not remain subject to this Privacy Policy, we will notify you before information is transferred and becomes subject to a different privacy policy.


  • 15. SECURITY
    • 15.1 We take appropriate measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These measures include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data. However, security of communications over the Internet cannot be absolutely guaranteed and we cannot be held responsible for events arising from unauthorised access to personal information.


  • 16. LINKS
    • 16.1 Lovatts Media websites may from time-to-time contain links to other organisations’ websites, including social media links, applications and features where relevant. Those websites and organisations are responsible for their own privacy practices and you should review their respective privacy policies. We cannot be held responsible for the conduct of those organisations.


    • 17.1 You have the right to review your personal information that may be held in our database. Requests to review the information or questions relating to this Privacy Policy or any problems or complaints may be directed by email to mail@lovattsmedia.com, by phone on +612 4304 1400 or by post to PO Box 995, Terrigal NSW 2260, Australia.
    • 17.2 Further information can be found at the Government Privacy website privacy.gov.au