Privacy Policy

Last Updated: June 10, 2014

Please read through the Privacy Policy carefully before placing an order. By using this website and/or placing an order you agree to be bound by the terms and conditions set out below.

T 2 Green Pty Ltd, (“T 2 Green Pty Ltd”, “we”, “us” or “our”) provides online and mobile services (collectively, the “Services”), including our mobile application (the “App”), website (“FocusBand.com”or the “Site”), and other web-based services intended to enhance your use of the T 2 Green Pty Ltd products (the “Products”). We recognize the importance of your privacy and strive to be straightforward regarding our policies with respect to your personally identifiable information.

This privacy policy (“Privacy Policy”) describes how we collect information when you access, make use of, or otherwise interact with our Services, as well as how we may use your information and the choices available to you regarding our use of your personally identifiable information.

.If you have any questions concerning this Privacy Policy, please contact us.

1. When you Use our Services

By accessing or using any of our Services, you agree that your personally identifiable information will be handled as described in this Privacy Policy, and consent to the collection, disclosure, storage, transfer, and use of your information as described herein.  Please keep in mind that some features of the Services do not require registration.

1.1 International Use: T 2 Green Pty Ltd hosts and operates the Services in Australia and the United States. Regardless of your country of residence, you authorize the transfer and use of your information in Australia and the United States, and any other country in which we operate, and acknowledge that your personally identifiable information will be subject to Australian law. If you reside outside the United States, please note that the level of protection available under United States law may be different from the country in which you reside.

1.2 Children: The Services are not directed to children under thirteen (13) years of age. T 2 Green Pty Ltd does not knowingly collect personally identifiable information from children under thirteen (13) years of age.If you become aware that your child provided T 2 Green Pty Ltd with personally identifiable information without your consent, please contact us. If we become aware that a child under thirteen (13) provided us with personally identifiable information, T 2 Green Pty Ltd will take reasonable steps to remove such information and terminate the child’s account.

2. What Information we Collect

We collect the following information to provide you with the Services as well as to support the best overall experience for all users. The Services collect information you, or other users, provide when using the Services (“User Provided Information”), and collects certain information automatically (“Automatically Collected Information”).

Information we collect may include both (1) personally identifiable information and (2) non-personally identifiable information. Personally identifiable information can identify or be directly associated with you as a specific person, whereas non-personally identifiable information, by itself, cannot identify you as a specific person. In general, we do not collect personally identifiable information unless you voluntarily provide it to us.

2.1 User Provided Information: We collect information you and other users provide when registering for our Services, sharing information or other content through the Services, and utilizing other features of the Services.

User Account Information.  Your T 2 Green Pty Ltd Products and Services work in conjunction with a user account (“User Account”) on our Site and through our App.  When you register for a User Account, you are required to provide personally identifiable information, such as your first and last name, username, email address (which will be used as your login ID), and date of birth (which we use to verify your age). If you elect to register for a User Account using your Facebook credentials, you will be asked to allow T 2 Green Pty Ltd access to the basic information, such as your first and last name, date of birth, profile picture, gender, networks, user ID, and other public content and information.

In order to benefit fully from our Products and Services, you may also provide additional information on your User Account, such as your age, gender, height, weight, profile picture and description. The information you provide may personally identify you and we may publicly list some of this information on the Services. For example, your first and last name and username are included on your profile page and in search results.

You can alter and correct your information by logging into your User Account.

Other Information Shared by Users. You may provide additional information when you use our Products and Services or choose to share additional information through the Services. This includes profile information, such as your description and profile picture, as well as other content and information posted on or shared through the Services, such as data, images, comments, location information, and other material (collectively, “User Content”).

When you elect to share data from your User Account with others, we collect the information you provide about those individuals, such as their name and email address. Others users may provide information about you when they choose to share data with you on or through the Services, and we may collect your name, username, or email address.

By default, some User Content posted or shared on the Services is public and this public information is disseminated both broadly and instantaneously. Your profile information and User Content that is publicly shared may be delivered to a wide range of users and services. Providing this additional information, including User Content, is optional.

Other Information We Receive About You.

We receive information through various features of the Services to help you find the people you know and to connect you to other services. For example, you may choose to upload information from your contacts or to connect your T 2 Green Pty Ltd account to other services, such as Facebook or Twitter.  T 2 Green Pty Ltd will match the information you provide with the contact information provided by other users. When you connect your T 2 Green Pty Ltd account to other services, you may post your User Content to those services.

You may disconnect your T 2 Green Pty Ltd User Account from other services at any time. When you disconnect one of your other accounts, we will take reasonable steps to delete information obtained from that connection other than publicly posted User Content.

2.2 Automatically Collected Information: When you access or use our Products and Services, you disclose certain information related to your hardware and software that we automatically collect.

Log Data.  We collect industry standard log data about the browser and operating system you are using, the address of the external or internal page that referred you, your IP address at the time of account creation, and keep a log of the pages that you visit on the Services in association with your IP address.  We also collect the IP address associated with the device running the App each time you sync.In addition, we may collect your browser type, access times, search terms, mobile carrier, device type, device IDs, application IDs, and version of the App. We may also collect information on how you access and interact with the Services, including administrative services, such as email notifications and third party services.

We collect this information to generate statistics about use of the Services and use the results to customize as well as improve the overall quality of the Services. In general, we either delete Log Data or remove any personal identifiers, such as your name, username, email address, or IP address, within eighteen (18) months of collection.

Cookies.  We use cookies and similar tracking technology to discover how you use our Services, to keep track of your preferences and our promotional efforts, and to improve your overall experience with our Products and Services. A cookie is a string of data that a website stores on your electronic device when you browse the internet, and that your browser provides to the website when you return. We use cookies. Cookies enable certain features of our Services.

Our third party partners, such as vendors or advertising services, may also use cookies or similar tracking technology to tailor advertisements based upon your browsing history on our Services and on other services, sites, and applications that you visit.Cookies may be used to determine whether you have seen a particular advertisement before to avoid sending you duplicate advertisements, and for other lawful business purposes.

If you do not wish to have cookies stored on your electronic device, you can use the Do Not Track preference in your browser, with the drawback that certain features of our Services may not function properly if cookies are disabled. Please note that the use of cookies and similar tracking technology by third parties is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection there with.

3. Third Party Products or Services

There are a number of separate products and services offered by third parties and advertised by us on our App or Site and through the Services that may be complementary to your use of our Products and Services, such as golf attire and equipment, training materials, or related products and services. If you choose to use these separate products or services, disclose information to the providers, or grant the third parties permission to collect information about you, then their use of your information is governed by their privacy policies.

Please note that this Privacy Policy does not govern the collection and use of information by other services or companies that T 2 Green Pty Ltd does not control. If you click on a link to a third party site, we encourage you to check the privacy policy for that site and evaluate its privacy practices before deciding to use the third party services. T 2 Green Pty Ltd is not responsible for third party privacy practices.

4. How we provide Products and Services

We provide a majority of our Services complimentary through our Site and the App. We also offer Products and certain Services that are available through an e-commerce platform. If you purchase Products through our Site, the e-commerce platform will store information associated with your purchase transaction, such as your credit card information.

In general, the e-commerce platform stores information using its own data storage, databases, and associated services, and this information is typically stored only as long as it is necessary to complete your purchase transaction and deleted when your purchase transaction is complete.  Please review the privacy policy of our e-commerce platform to ensure that its privacy practices meet your expectations.

5. How we Use Your information

We use the information we collect to provide, tailor and improve our Services, to notify and respond to users, and to send you promotional communications.

We use information we collect to provide our Services, including administration of your User Account, to send you push notifications when you are using the Services, and to help you connect with people you may know on the Services. We use information we collect to tailor our Services, including to assess your needs and determine suitable content and Services, and to provide content based upon your interests. We also use information we

Last Updated: May 9, 2014

T 2 Green Pty Ltd,  (“T 2 Green Pty Ltd”, “we”, “us” or “our”) provides online and mobile services (collectively, the “Services”), including our mobile application (the “App”), website (“FocusBand.com”or the “Site”), and other web-based services intended to enhance your use of the T 2 Green Pty Ltd products (the “Products”). We recognize the importance of your privacy and strive to be straightforward regarding our policies with respect to your personally identifiable information.

This privacy policy (“Privacy Policy”) describes how we collect information when you access, make use of, or otherwise interact with our Services, as well as how we may use your information and the choices available to you regarding our use of your personally identifiable information.

This Privacy Policy is to be read in connection with our Terms of Use (“Terms”), available at www.FocusBand.com If you have any questions concerning this Privacy Policy, please contact us.

6. How we use Location Data

Features of the Services make use of user-enabled location services and we collect and use location data provided by your device to provide you with these features. We only collect location data with your permission. You must first enable location services when you download the App. You may opt-out of location features within the App to control the collection and use of your location data. You may opt-out of location services at any time, although opting out of location services may impact certain functionalities associated with our Products and Services.

If you allow location services, we may collect, use, or store your precise geographic location. In general, most devices will indicate when location services are operating by showing an icon. You always have the ability to control the location services, but enabling location services may be necessary to use some of our Products and Services. You may choose to publish your location in User Content posted on or through the Services or on your profile. For example, if you share a drive on other social services, your location data will be visualized through a birds-eye view of your drive.

We may also use aggregate, anonymous location data to share and report statistics through the Services. For example, we may use location data to display the longest drive of the week on the Services. We may also share location data in aggregate, anonymous form with market research companies or advertisers for targeted advertising.

7. How we share your Information

We do not disclose or share your private personally identifiable information, except in the limited circumstances described in this Privacy Policy.

7.1 When We Have Your Consent: T 2 Green Pty Ltd may make information available to others with your express consent. We may make your personally identifiable information available to any third party for which we received your prior consent to do so.

7.2 When We Do Not Have Your Consent: Your consent is not required for disclosure of your information in the following limited circumstances: (1) as required by law; (2) when we have a good faith belief that disclosure is necessary to protect our rights or property, your safety, or the safety of others; or (3) in the case of a merger, acquisition, liquidation, dissolution, or sale of assets, to any successor or purchaser. Although your consent is not required, to the extent permitted by law, we will attempt to notify you of any disclosures of your information in the above-noted circumstances.

Law. We may disclose your information as required by law, such as to comply with a subpoena or other legal proceeding, to investigate fraud, or to respond to government requests.

Harm. We may also disclose your information when we have a good faith belief that disclosure is necessary to protect our rights or property, your safety, or the safety or others.

Business Transfer. If T 2 Green Pty Ltd is involved in a merger, acquisition, liquidation, dissolution, or sale of assets, you will be notified via email or a prominent notice on the Services of any change in ownership or use of your information, and any options you have in relation to your information.In these circumstances, we may disclose your information to any successor or purchaser.

Services Providers. To provide you with the best experience possible, we may share your personally identifiable and non-personally information with service providers for use only on our behalf, both in the United States and abroad. We authorize these third parties to use your personally identifiable information only as necessary to provide services related to our business activities. Their use is limited to the purpose stated in our instructions or Terms, and subject to confidentiality agreements consistent with this Privacy Policy. For example, analytics companies may access non-personally identifiable information to aid our understanding of how the Services are used. This data may be linked to your device, but is not linked to your identity.

Public or Anonymous Information. We may share or disclose your public or anonymous information. Public information includes your public profile information such as your name, username, description, and profile picture, as well as any other information on your profile that you choose to make public. Public information also includes content, such as data from your use of the Products, that you choose to share on or through the Services, as well as your interactions with content shared by others. Anonymous information may be aggregated and shared with others, but this information cannot be used to identify you. For example, we may disclose the number of users who have played a particular course or aggregated data for the number of strokes by users at a particular hole.

8. How to Access Your Information

You can access some of the information that we collect about you.If you are a registered user, you may access or modify your personally identifiable information at any time by signing into your account. You may access or modify your communications preferences by following the instructions included in any communications you receive. In the case of administrative communications concerning the Services, these emails are provided to all registered users and considered to be a part of the Services.

You may modify or delete your information or User Content, subject to limitations, through your User Account.You can also permanently delete your T 2 Green Pty Ltd account by contacting us. We take reasonable steps to remove personally identifiable information and other information associated with your account promptly after you delete your account.In certain circumstances, however, T 2 Green Pty Ltd may be unable to remove some of your information and User Content, such as information you post through the Services to other services or otherwise publicly share.

9. How We Protect your information

We take reasonable steps to protect and secure your personally identifiable information against unauthorized access or disclosure. We use security software to protect the confidentiality of your personally identifiable information. We cannot guarantee, however, that these security methods will protect your information from hackers or human error. We review our business practices periodically for compliance with policies and procedures governing the security of our information.

To register with the Services, you will be required to select a password to protect your User Account unless you choose to register your account using a third party Service. You are responsible for maintaining the security of your login ID and password. If you believe that your login ID or password have been compromised you should immediately change your password. We are not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of this Privacy Policy or our Terms of Use.

10. Compliance with Privacy Laws and Frameworks

We adhere to and comply with privacy laws and frameworks as described in this Privacy Policy.

You can submit a request via email here or by mail at the following address.

Attn: CA Disclosure Information

T 2 Green Pty Ltd,

8 Anna Louise Terrace

Windaroo, QLD 4207

Australia

11. How we Enforce our Privacy Practices

We regularly review our compliance with this Privacy Policy. We will respond to formal written complaints regarding your privacy and work to resolve privacy disputes with you directly. You can submit a complaint here.

12. Privacy Policy Changes

We may revise this Privacy Policy from time to time.The most current version, which you should periodically review, is always available at www.FocusBand.com/privacy. If we make a change to our Privacy Policy that, in our sole discretion, is material, we will notify you via email to the email address registered with your account or, in appropriate circumstances, through the Services (e.g., notification upon accessing the App, Site, or other web-based services).

By continuing to access or use the Services after those changes become effective, you consent to the terms of the revised Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

13. Questions or Comments?

If you have questions or comments about our Privacy Policy, please email us, or contact us as described on our Site.

Thank you for choosing T 2 Green Pty Ltd!

Terms of Order and Sale

Effective Date: June 14, 2014

These terms and conditions of order and sale (“Order Terms”) set forth the terms upon which T 2 Green Pty Ltd,  (“T 2 Green Pty Ltd”, “we”, “us” or “our”) sells, and you order and purchase, the T 2 Green Pty Ltd product (the “Product”) offered by T 2 Green Pty Ltd through the website (“FocusBand.com”or the “Site”). The term “you”means both the individual placing the order and the entity on whose behalf such individual is acting, if any.

By ordering and/or purchasing the Product, you represent and warrant that you have read and understood these Order Terms. This is a binding legal agreement between you and T 2 Green Pty Ltd and includes an arbitration clause under which certain claims may not be brought in court or decided by a jury. You should also carefully review our Private Policy before placing an order for goods or services through the Site. Do not order the product if you do not accept these Order Terms.

1. Orders

1.1 T 2 Green Pty Ltd will use reasonable commercial efforts to deliver the Product as described and in a timely manner. You understand that the Product is under development, and that numerous technical, financial, and practical obstacles may interfere with delivery of the Product to you and/or the features and functions of the Product thereafter.

1.2 You may not cancel or modify any order for the Product placed through the Site. Notwithstanding the foregoing, if T 2 Green Pty Ltd fails to commence shipping the Product after the one-year anniversary of the promised shipping date, upon written request from you, T 2 Green Pty Ltd may process a full refund to you.

2. Pricing and Payment

2.1 Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Your credit card or other payment source will be charged by us or our e-commerce platform immediately upon your placement of an order through the Site.

2.2 You agree to pay charges incurred by you at the posted price, including all shipping and handling and all applicable taxes, if any. Credit cards, PayPal or such other payment method specified by the Site will be accepted for all purchases by us or our e-commerce platform. You represent and warrant that the payment information that you supply is true, correct and complete, and that charges incurred by you will be honored by your credit card company or other payment processing service.

3. RISK

3.1 Risk in the Product passes to you on T 2 Green Pty Ltd’s delivery of the Product to the carrier, and you are responsible for any loss or damage to Product from that point.

4. Restrictions on Use

4.1 You shall use the Product only for personal purposes and shall comply in full with all terms and conditions imposed by us upon the operation and use of the Product. You shall not reverse engineer or otherwise violate our intellectual property rights associated with or embodied in the Product.

5. Intellectual Property

5.1 T 2 Green Pty Ltd owns all intellectual property rights in the Product. You shall acquire no interest or rights in T 2 Green Pty Ltd’s intellectual property rights by virtue of these Order Terms, except as expressly granted herein or in the applicable terms and conditions.

6. Replacement of Product

6.1 If you believe any Product shipped to you is faulty, contact T 2 Green Pty Ltd in writing to request a return. T 2 Green Pty Ltd may, in its discretion, accept returns for goods that are defective or damaged provided that notice is provided to T 2 Green Pty Ltd in writing within thirty (30) days of your receipt of such Product. No returns will be accepted by T 2 Green Pty Ltd thereafter. You will comply with T 2 Green Pty Ltd’s returns procedures when returning Product.

6.2 T 2 Green Pty Ltd is under no obligation to accept any returns of the Product where the defect or damage was caused by you or the defect or damage occurred after shipment by T 2 Green Pty Ltd .

6.3 T 2 Green Pty Ltd may ship a replacement Product to you only after receipt of the applicable Product by T 2 Green Pty Ltd and the product is diagnosed as being defective by our Engineer. If no fault is found the user will be charged for all freight and time to assess the product at T 2 Green Pty Ltd current hourly servive charge (US $150.00 per hour)

6.4 T 2 Green Pty Ltd is under no obligation to accept any returns, or pay a refund of the Product where the  user has just changed their mind and now does not want the product

6.5 T 2 Green Pty Ltd where it sees fit to accept a return, will charge a re-stocking fee of $US70.00

 6.6 Support : All support must be channeled via our Help Desk http://focusband.freshdesk.com/

The Help Desk also includes a Knowledge base where users should search for their apparant fault before openning a new support ticket.

The Knowledge base is updated regularly so the user is encouraged to browse this module

If you allow location services, we may collect, use, or store your precise geographic location. In general, most devices will indicate when location services are operating by showing an icon. You always have the ability to control the location services, but enabling location services may be necessary to use some of our Products and Services. You may choose to publish your location in User Content posted on or through the Services or on your profile. For example, if you share a drive on other social services, your location data will be visualized through a birds-eye view of your drive.

We may also use aggregate, anonymous location data to share and report statistics through the Services. For example, we may use location data to display the longest drive of the week on the Services. We may also share location data in aggregate, anonymous form with market research companies or advertisers for targeted advertising.

7. Disclaimer/Warranties

7.1 The product is provided “as is” and T 2 Green Pty Ltd makes no warranties, express or implied, with respect to the product or any other subject matter hereof, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement of third party patents. Without limiting the foregoing, we make no warranty that the Product offered through the Site will meet your requirements, that the results that may be obtained from use of the Product will be effective, accurate or reliable, or that the quality of the Product will meet your expectations.

8. Limitation of Liability

8.1 We do not accept liability beyond the remedies set forth in these Order Terms. In no event shall T 2 Green Pty Ltd or its agents or Affiliates have any liability to you or any other person for any collateral, consequential, indirect, punitive, special, exemplary or incidental damages, whether based on contract, tort (including negligence), product liability, strict liability, under statute, or any other theory or form of action, even if T 2 Green Pty Ltd or our AGENTS/Affiliates have been advised of the possibility thereof, arising out of or related to these Order Terms OR the sale, delivery, use or performance of the Product offered through the Site.

8.2 Our sole and maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual purchase price paid by you for the Product ordered through the Site.

8.3 Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of the Product.

9. Indemnity

9.1 You are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless T 2 Green Pty Ltd and its officers, directors, employees, and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Product not expressly in accordance with these Order Terms or the applicable terms and conditions for such Product.

10. Force Majeure

10.1 T 2 Green Pty Ltd shall not be liable for any breach of these Order Terms to the extent arising from any factor outside our reasonable control.

11. Applicable Law and Jurisdiction

11.1 The Site is controlled by us from our offices within the State of Queensland, Australia. The Site can be accessed from all fifty (50) US states, as well as from other countries around the world. The validity and interpretation of these Order Terms shall be governed by the statutes and laws of the State of Queensland, without regard to conflicts of laws principles thereof, and will apply to all matters relating to the purchase of the Product available through the Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of a Superior Court in Beenleigh, and the Australian District Court for the District of Beenleigh with respect to such matters.

11.2 We make no representation that the Product available through the Site is appropriate or available for use in locations outside of Australia and the United States, and accessing the Product or associated services from territories where the Product or associated services are illegal is prohibited. By accessing the Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws.

11.3 Any legal proceedings against T 2 Green Pty Ltd relating to these Order Terms shall be filed within one (1) year after shipment of the Product to you.

12. Entire Agreement

12.1 These Order Terms represent the entire agreement and understanding between you and T 2 Green Pty Ltd concerning the subject matter thereof and supersedes all prior agreements and understandings of the parties with respect thereto.

12.2 These Order Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for the Product which are subject to additional or altered terms shall be null and void, unless T 2 Green Pty Ltd expressly agrees otherwise in writing signed by an authorized representative of T 2 Green Pty Ltd.

13. Miscellaneous

13.1 In the event that any part of this provision shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this provision shall otherwise remain in full force and effect.

13.2 T 2 Green Pty Ltd’s failure to insist upon strict performance of any of the provisions contained in these Order Terms shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by T 2 Green Pty Ltd of any other provisions of prior, concurrent or subsequent default by T 2 Green Pty Ltd in the performance of or compliance with any of the terms and conditions set forth herein.