Last Modified: July 3, 2019
ACCESSING THE WEBSITE
ACCEPTANCE OF THESE TERMS:
This website is operated by YOU’RE PRETTY MAGIC LLC DBA HELLO LAUREN TURTON. Throughout this agreement, we use the terms “we”, “us”, “our”, “HLT,” or the “Company” to refer to HELLO LAUREN TURTON. We refer to any person accessing or using the application as “You,” or the “User.” The following terms and conditions, privacy information and policies, together with any other legal agreements we reference (we call all of these collectively as the “Terms”), govern your access to and use of the website, teaching platform, tools, materials, features, services, and/or content offered by HELLO LAUREN TURTON (collectively the “Website”).
Please read these Terms carefully before you use the Website. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not of legal age, you must not access or use this Website.
All information we collect on this Website is subject to these Terms. By using the Website, you consent to all actions taken by us with respect to your information in compliance with these Terms.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY:
We reserve the right to withdraw or amend this Website, and any services we provide within this Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of this Website is unavailable at any time or for any period. See PERFORMANCE for more information.
From time to time, we may restrict access to some parts of the Website, or the Website in their entirety, to Users, including registered Users.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your Internet connection are aware of these Terms and comply with them.
If you choose, or are provided, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, or portions of it, using your password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to disable any password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
SERVICES THROUGH THE WEBSITE
THE SERVICES, GENERALLY:
The Company offers certain services and materials through the Website, including but not limited to, online educational courses and programs, premium one-on-one sessions, (the “Services”) and a “Monthly Subscription” program. The Monthly Subscription is not included in the price of Services, and is subject to an additional monthly fee. See MONTHLY SUBSCRIPTIONS below for more information.
The Company may need, at times, additional information from User in order to deliver the Services. User deliverables, or any requests made of User by the Company, are due one (1) week from said request by the Company unless a different delivery period is indicated by the Company in writing for a specific request. User’s failure to satisfy such Company requests may cause delays in delivery of the Services with no penalty to the Company. In the event that the Company has not received User deliverables according to this provision or any request made by Company to User otherwise, the Company may pause all performance under this Agreement until User satisfies Company’s request.
FEE FOR SERVICES:
The fee for the Services shall differ based on the nature of the Services rendered. The fee for premium one-on-one sessions shall be determined between Client and the Company. All other courses and programs, which are not part of a subscription, shall be as stated on the Website. Fees for the Service selected by you on the Website shall be paid, at the time of purchase, via Stripe or PayPal. Payment of the fee for Services is due in full at the time of purchase. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and the Company shall not be responsible for these.
EXPENSES NOT INCLUDED IN FEE:
In providing the Services, the Company may incur additional fees to third parties not included in the total fee for Services paid by User. User agrees to reimburse the Company for all actual, reasonable, and necessary expenditures, which are directly related to the delivery of the Services, so long as such expenses are requested from User and approved by User in advance. User understands and acknowledges that expense estimates provided by the Company are estimated and may differ due to unforeseen circumstances and User will reimburse the Company’s reasonable expenses actually incurred within ten (10) days of the Company’s written request for reimbursement.
TERMINATION OF SERVICES:
Either Party may terminate the Services under this Agreement with or without cause by giving thirty (30) days written notice to the other of such termination.
In the event that the Services are postponed or terminated at the request of User without cause, or are terminated by the Company with cause, the Company shall have the right to keep the fee paid by User for Services. Upon termination, either without or without cause, the Company reserves all rights under this Agreement. User shall pay any expenses incurred by the Company through the request to terminate and the Company shall own all rights to the Proceeds, unless agreed upon otherwise in writing. User shall assume responsibility for all legal fees necessitated by default in payment. If any legal action is necessary to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney fees, costs, and expenses.
REFUNDS FOR SERVICES:
If, within thirty (30) days of completing a course or program offered under the Services, User is not satisfied with the Services, the Company will refund them the total fee for the Services. User must finish said course or program in order to be eligible for a refund. Users who partially complete a course or program are not eligible.
The Company may, at their sole discretion, offer additional services to Users (“Additional Services”). User understands and expressly agrees that these Additional Services are not included within the fee for Services or the Monthly Subscription. Should the Company and User mutually agree to Additional Services, the Parties will execute a separate agreement prior to billing for any Additional Services.
The Company is always striving to improve its products and services. As such, the Company is currently researching and developing the best way to deliver its products and services through a Monthly Subscription. If you are a registered User, the Company will update you via email once this feature is available. For all other Users, please check the Website periodically for updates.
USE OF THE WEBSITE, SERVICES, AND MONTHLY SUBSCRIPTION
RELIANCE ON INFORMATION POSTED:
The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of their contents.
This Website may include content provided by third parties, including articles or blogs authored by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LINKS TO OTHER WEBSITES:
The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
EMPLOYMENT OF OTHERS:
The Company may employ the services of independent contractors or service providers without the permission of User in order to complete the Services offered through the Website. The Company shall be responsible for supervision and control of any employees or independent contractors who perform services pursuant to this Agreement. All such persons shall be employees and/or contractors of the Company and not of User. The responsibility for specification of the work to be performed and the specific services hereunder shall be exclusively that of the Company.
The obligation of User to make payment to HLT for any Services rendered or for the Monthly Subscription is not conditioned on User’s satisfaction with the proceeds of any services under these Terms. User understands and expressly agrees that delivery of the Services agreed upon under these Terms or the Monthly Subscription shall obligate User to make payment and payment shall not be withheld due to subjective dissatisfaction. However, User may request a refund, pursuant to REFUNDS FOR SERVICES and REFUNDS FOR MONTHLY SUBSCRIPTION above.
The Company shall make best efforts to ensure the functionality of the Website, but the Company makes no representations, guarantees, or warranties as to the effectiveness or performance of the Website. At the sole discretion of the Company, the Website may be combined, integrated, or used with third party products, services, software applications, or other websites (“Third Party Service”). In the event of any changes by Third Party Services that materially affect the functionality of the Website, the Company shall provide notice to User and make every effort to restore functionality to the Website, but shall not be responsible for any harm or damages arising from any non-functionality of the Website.
The Company shall not be deemed in breach of these Terms if the Company is unable to offer the Website by reason of fire, earthquake, labor dispute, act of a public enemy, death, illness, or incapacity of any employee of the Company or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond the Company’s control (collectively “Force Majeure Events”). Upon occurrence of any Force Majeure Event, the Company shall attempt to give reasonable notice to User of its inability to offer the Website, but makes no guarantees that it will be able to give such notice.
MISCELLANEOUS TERMS AND CONDITIONS:
Additional terms and conditions may also apply to specific portions, services or features of or related to the Website, including but not limited to creative services agreements or independent contractor agreements separately executed in writing and signed by the Parties. All such additional terms and conditions are hereby incorporated by this reference into these Terms, pursuant to the ENTIRE AGREEMENT section below.
The Parties acknowledge that in connection with these Terms they may have occasion to receive or review certain confidential or proprietary technical and business information and materials of the other Party. The Parties, as well as their agents and employees, respectively agree to keep in confidence, and not to disclose or use for its own respective benefit or for the benefit of any third party (except as may be required for the performance of services under these Terms or as may be required by law), any information, documents, or materials that are reasonably considered confidential regarding each other’s products, business, customers, clients, suppliers, or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain or that was in the possession of either Party prior to disclosure. The Parties will take reasonable precautions to safeguard property of the other entrusted to it, but in the absence of negligence or willful disregard, the Company will not be responsible for any loss or damage.
For the duration of the Services agreed to under this Agreement and for one (1) year following the delivery of Services or termination of the Monthly Subscription for any reason, whichever is later, User agrees not to directly or indirectly call on, solicit, persuade or attempt to solicit or persuade, or in any way reduce, interfere, or cause to cease any business with any employee, partner, designer, editor, consultant, independent contractor or other client of the Company that User has become acquainted with as a result, directly or indirectly, of this Agreement, without the express permission of the Company.
In the event that a Party does solicit, whether as an employee or independent contractor, any client, employee, or independent contractor of the other Party, during or within one (1) year following the termination of this Agreement and with the express permission of the Company, the hiring/retaining Party shall pay to the Company a fee equal to ten to twenty percent (10-20%) of the project fee or the employee or independent contractor's annual wage or rate (the "Placement Fee"). The Placement Fee must be paid within fifteen (15) days of the date of such hiring/retention.
In the event that a Party does solicit, whether as an employee or independent contractor, any client, employee, or independent contractor of the other Party, during or within one (1) year following the termination of this Agreement and without the express permission of the Company, the hiring/retaining Party may be required to pay to the Company a fee at a higher rate than the Placement Fee above, but not higher than fifty percent (50%) of the project fee or the employee or independent contractor's annual wage or rate. Said higher rate will be decided by the Company at its sole discretion.
The owner of the Website is based in the state of California, in the United States of America. We make no claims that the Website or any of its Content (as defined in INTELLECTUAL PROPERTY RIGHTS below) is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:
We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
User acknowledges that the Company works with other subscribers and offers Services and Monthly Subscriptions to members of the public. In light of the foregoing, User understands that their use of the Website is non-exclusive. The Company is free to offer Services and/or Monthly Subscriptions to other parties.
INTELLECTUAL PROPERTY RIGHTS:
The Company and User shall each retain ownership of, and all right, title and interest in and to, their respective, pre-existing Intellectual Property ("Intellectual Property" shall mean illustrations, trademarks, works of authorship, trade secrets, techniques, know-how, ideas, concepts, designs, and other content or media utilized or created by either Party), and no license therein, whether express or implied, is granted by this Agreement or as a result of the Services performed hereunder, with the exception of the Intellectual Property owner’s permission for the receiving Party to use such Intellectual Property for the purposes of this Agreement.
In accordance with the foregoing, User understands that the Website and all features, functionality, and content (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, collectively the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms grant you a limited, revocable, non-transferable, and non-exclusive license to use the Website for non-commercial use. For information on your rights to the proceeds of the Services, see OWNERSHIP OF PROCEEDS below.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features in connection with certain Content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in these Terms.
You must not access or use, for commercial purposes, any part of the Website or any Services or materials available through the Website and/or the Monthly Subscription, with the exception of any commercial use allowed expressly under this Agreement.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
OWNERSHIP OF PROCEEDS:
User understands and expressly agrees that the rights and ownership assigned for any media, content, sales funnels, or any other materials created under the Services (the “Proceeds”) are transferred to User upon full payment of any outstanding fees due for Services and/or expenses. Upon full payment of fees, the following shall take effect: the Company agrees to assign, transfer and convey to User all rights, titles and interests acquired or held in any Proceeds. User may register the copyright, patent, trademark, and otherwise protect its interest in the rights granted herein in its own name. The Company agrees to reasonably assist User, at User’s expense, as necessary to perfect User’s rights in the ownership as provided herein.
User understands and expressly agrees to a non-exclusive, irrevocable license, permitting the Company to use the Proceeds and any other material under this Agreement for the Company’s professional portfolio and website, and in galleries, design periodicals, and other media or exhibits for the purpose of recognition of creative excellence or professional advancement, and to be credited with authorship of the proceeds in connection with such uses.
User agrees to notify the Company of any promotional or public use of the Proceeds before making such use. If the Proceeds or any other Intellectual Property delivered to User is displayed by User on social media (including but not limited to Facebook®️, Instagram®️, Twitter®️, and/or LinkedIn®️), User shall attribute such Intellectual Property to the Company by electronically tagging “@hellolaurenturton” and/or by crediting Hello Lauren Turton in the caption.
IMAGES, VIDEOS, AND OTHER MATERIALS:
We may display images, articles, audio, and video (the “Material”) on the Website from time to time. The types of Material users are authorized to access on the Website includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If we publish or are hosting Content that you think infringes your copyright, please email us at firstname.lastname@example.org and we will address your concerns.
If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND OTHER MATERIALS, we believe that our use is legitimate and we may not remove it from the Website. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Website.
To file a notice of infringement with us, you must provide a written communication by email to email@example.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
- For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
- Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
- For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document and email it to firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Website infringes your copyrights.
PRIVACY, INFORMATION COLLECTION, & DATA SECURITY
CHILDREN UNDER THE AGE OF 13:
Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to, or on, the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use any of the features that may be available on this Website, or provide any information about yourself to us, including your name, address, email address or any other personal information.
If we learn that we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
INFORMATION WE COLLECT:
These Terms apply to information we collect:
- On or through this Website.
- In email, text, and other electronic messages between you and the Company.
- If you interact with advertising and third-party applications, websites, and/or services, if they include links to these Terms.
These Terms do not apply to information collected by:
- The Company offline, or through any other means not listed above, including on any other application or website operated by the Company, its affiliates, or subsidiaries; or
- Any third party (including our affiliates and subsidiaries), including through any application advertising, or other content that may link to or be accessible from, or on, the Website. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
The Company’s Privacy Assurance
- We do not sell your Personal Information to any nonaffiliated third parties.
- We do not share your Personal Information with nonaffiliated third parties that would use it to contact you about their own products and services, unless you have allowed us to do so and as permitted pursuant to a joint marketing agreement.
- We require our employees to protect your Personal Information and keep it confidential.
- We require persons or organizations that represent or assist us in serving you to keep your information confidential.
INFORMATION WE COLLECT:
We collect several types of information from and about users of our Website, including log data, device data, and Personal Information.
When you visit our Website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also automatically collect data about the device you are using to access our Website. This data may include the device type, operating system, unique device identifiers, device settings, and location data. What we collect depends on the individual settings of your device and software.
We may collect information from you while you use this Website, including:
- By which you may be personally identified, such as your first name, last name, email address, credit card number, and other identifying information that you choose to share with us by which you may be contacted online or offline ("Personal Information"); and/or
- That is about you but individually does not identify you, such as your annual revenue, gender, certain demographic information. This information is not considered Personal Information, as it is anonymized statistical data.
LEGAL BASES FOR PROCESSING:
We will process your Personal Information lawfully, fairly, and in a transparent manner. We collect and process information about you only where we have legal bases for doing so. These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
- You give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter);
- It’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service, such as a course, you request from us);
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as to present the Website to you, for research and development, to market and promote our services, and to protect our legal rights and interests; or
- We need to process your data to comply with a legal obligation.
We collect this information:
- Directly from you when you provide it to us.
- Automatically from your device as you navigate through the Website. As stated above, information collected automatically may include usage details, IP addresses and information collected through online tracking technologies.
- From third parties, for example, our business partners or data brokers.
For more information on how we collect your information, see HOW WE COLLECT INFORMATION below.
RESTRICTING YOUR PERSONAL INFORMATION:
You may choose to restrict the collection or use of your Personal Information.
If you have previously agreed to us using your Personal Information for direct marketing purposes, you may change your mind at any time by contacting us by email at firstname.lastname@example.org (but this will not affect any processing that has already taken place). If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our Website or products and services.
HOW WE COLLECT INFORMATION:
Information We Collect Automatically
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, as described above. The technologies we use for this automatic data collection may include cookies, flash cookies, or web beacons. For more information on these technologies, see our DATA COLLECTION POLICY below. The information we collect automatically is statistical data and does not include Personal Information, but we may maintain it for any of the reasons listed in PURPOSE OF PROCESSING & HOW WE USE YOUR INFORMATION.
Information You Provide Directly to Us
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering for our newsletter or to use our Website or while participating in a course. We may also ask you for information when you report a problem with our Website;
- Records and copies of your correspondence (including email addresses), if you contact us;
- Details of transactions you carry out through our Website; and/or
- Your search queries on the Website.
Information Provided to Us by Third Parties
CHOICE & CONSENT:
DATA COLLECTION POLICY:
The technologies we use for automatic data collection on this Website may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies; and/or
- Web Beacons. Pages of the Website, and our emails, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages, or opened an email, and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).
DO NOT TRACK:
“Do Not Track” is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. We do not currently respond to, or honor, Do Not Track signals or requests from your browser.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We may collect information about your actual location when you use our Website. Location information may help us tailor our services for you, for example, by notifying you of local events or classes in your area.
We use various technologies to obtain your location. Your location can be determined with varying degrees of accuracy by:
- IP address
- Sensor data from your device
- Information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices
You can avoid tracking when interacting with the Website by denying a request to share location information when prompted by your browser. Your device and/or browser may also provide alternative methods to turn off location sharing.
PURPOSE OF PROCESSING & HOW WE USE YOUR INFORMATION:
We only collect information for reasons that a reasonable person would consider appropriate in the circumstances. We may collect your information for a number of reasons, specifically:
- To enable you to access and use our Website and courses;
- To contact and communicate with you;
- To prevent fraud;
- For internal record keeping and administrative purposes;
- For analytics, market research, and business development, including to operate and improve our Website;
- To offer additional benefits to you, including but not limited to sending promotional information about our products/services and/or facilitating challenges and/or giveaways;
- To fulfill any other purpose for which you provide your information and consent; and/or
- To comply with our legal obligations and resolve any disputes that we may have.
DISCLOSURE OF YOUR INFORMATION, GENERALLY:
- To our subsidiaries and affiliates;
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the information; or
- With your consent.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES:
We may disclose your Personal Information to third party service providers for the purpose of enabling them to help us provide our services, including but not limited to:
- Information Technology (“IT”) service providers;
- Data storage, hosting, and server providers;
- Error loggers;
- Maintenance or problem-solving providers;
- Marketing or advertising providers;
- Professional advisors and payment systems operators; and/or
- Sponsors or promoters of any challenge or promotion we run.
We may also disclose your Personal Information to third parties for the purpose of establishing, exercising, or defending our legal rights, including but not limited to:
- Debt collectors;
- Our legal counsel and/or prospective legal counsel; and/or
- Courts, tribunals, regulatory authorities, and law enforcement officers, as required by law.
We may disclose aggregated, anonymized, statistical data and/or non-identifying information about our users without restriction.
As noted above, we do not sell your Personal Information to any nonaffiliated third parties, and we do not share your Personal Information with nonaffiliated third parties that would use it to contact you about their own products and services, unless you have allowed us to do so and as permitted pursuant to a joint marketing agreement.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION:
The Personal Information we collect is stored and processed where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your Personal Information, you consent to the disclosure to any overseas third parties HLT utilizes to provide the Services through the Website.
We will ensure that any transfer of Personal Information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Where we transfer Personal Information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in your jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in your jurisdiction and this might mean that you will not be able to seek redress under your jurisdiction’s privacy laws.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION:
We strive to provide you with choices regarding the Personal Information you provide to us. The following mechanisms should help to provide you with control over your information:
- Promotional Offers and Marketing Emails from the Company. If you do not wish to have your email address/contact information used by the Company to promote our products or services, you can opt-out by sending us an email stating your request to email@example.com. If we have sent you a promotional email, you may use the unsubscribe option in the footer of the email. This opt out does not apply to information provided to the Company as a result of a product or service purchase, or other transactions.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
ACCESSING AND CORRECTING YOUR INFORMATION:
If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can review and change your Personal Information by sending us an email at firstname.lastname@example.org to request access to, correct, or delete any Personal Information that you have provided to us. We may not be able to delete some of your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or regulatory requirement, result in fraud, or cause the information to be incorrect.
ACCESS & DATA PORTABILITY:
You may request a copy of the Personal Information we hold about you at email@example.com. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the Personal Information we hold about you at any time. However, you understand that any erasure of Personal Information may affect our ability to provide our services, content, or the Website to you. You may also request that we transfer this Personal Information to another third party.
YOUR CALIFORNIA PRIVACY RIGHTS:
If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of your Personal Information with third parties for their own direct marketing uses. California’s “Shine the Light” Act provides that you have the right to submit a request to us at our email address in order to receive information on the categories of customer information that we shared and the names and addresses of those businesses with which we shared customer information for the past calendar year. To obtain this information, please send an email message to firstname.lastname@example.org with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you in your email address in response.
Please be aware that not all information sharing is covered by the Shine the Light requirements, and only information on covered sharing will be included in our response.
We won’t keep Personal Information for longer than is necessary to present our Website to you or to provide our services to you. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. If necessary, we may retain your Personal Information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us through the Website is secured by TLS technology, and is stored on our secure, password protected servers behind firewalls. We have implemented a restricted employee access for all of our servers containing personally identifiable information.
Any payment transactions will be encrypted using SSL technology. We use Stripe and Paypal (PCI-DSS compliant) as our payment processors.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
We will comply with any laws applicable to us in respect of any data breach.
DISCLAIMER OF WARRANTIES:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.
GOVERNING LAW & JURISDICTION:
If you have any issue or dispute with the Company, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in San Diego County, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
|LIMITATION ON TIME TO FILE CLAIMS:
|WAIVER AND SEVERABILITY:
Except for the creative services agreements and/or independent contractor agreements executed in writing and signed by the Parties, these Terms shall constitute the entire agreement reached by and among the Parties hereto with respect to the Website and/or Services provided, and shall supersede all prior representations and understandings reached with respect to the Website and/or Services provided by the Company.
CHANGES TO THE WEBSITE:
We may update the content on this Website from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
CHANGES TO THESE TERMS:
The date these Terms were last revised is identified at the top of the page. We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in GOVERNING LAW & JURISDICTION will not apply to any disputes for which the parties have actual notice prior to the date the notice of change is emailed to Users.
If we make material changes to how we treat your personal information, we will notify you by email to the primary email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you.
COMPLAINTS & CONTACT INFORMATION:
If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
DATA CONTROLLER & DATA PROTECTION OFFICER:
Our Data Controller is Hello Lauren Turton and may be contacted at firstname.lastname@example.org.
Our Data Processor is CNG Digital Marketing and may be contacted at 3950 Sorrento Valley Blvd Suite 400, San Diego, CA 92121.