Terms and Conditions

Introduction
1.1 These terms and conditions govern the Courses of
Commitment to Privacy
Last Updated November 2021
Your privacy is very important to Cynthia Brace Holistic Health Coach | Designing Whole Wellness (the COMPANY). COMPANY is committed to protecting your privacy. We use the information we collect about you to process orders and personalize your experience at www.cynthiabrace.com, www.redesignyourinterior.com and any other domains that the COMPANY may use (the “SITES”).Privacy Policy Consent
The Website and its Content is owned by Cynthia Brace Holistic Health Coach (“COMPANY”, “we”, or “us”). The term “you” refers to the user or viewer of www. cynthiabrace.com, www.redesignyourinteerior.com and ww.designingwholewellness.com (“Websites”).Please read this Privacy Policy carefully and often as it may change from time to time. Use of any information or contribution that you provide to us, or which is collected by us on or through our Website or its Content is governed by this Privacy Policy. By using our Websites or their Content, you consent to this Privacy Policy, whether or not you have read it. If you do not agree with this Privacy Policy, please do not use our Websites or its Content.
This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.
Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.
Children’s Online Privacy Protection Act Compliance
This website or mobile app is not designed for use by children under age 13, and we do not knowingly solicit personal data from anyone under age 13 in compliance with COPPA (Children’s Online Privacy Protection Act). Our Website and its Content is directed to individuals who are at least 13 years old or older. If you are under age 13, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 13, please contact us so that we may delete that data.
Information That We Collect
We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:
Personal Data:
Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
Derivative Data:
Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Financial Data:
Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processor, Stripe and Paypal and you should review these processors’ Privacy Policy's to determine how they use, disclose and protect your financial data. As a courtesy, Stripe's Privacy Policy can be found here: https://stripe.com/en-ca/privacy Paypal's Privacy Policy can be found here: https://www.paypal.com/ca/webapps/mpp/ua/privacy-fullSocial
Networking Data:
We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data:
If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
We do not collect any Sensitive data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
Anti-Spam Policy
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the Canadian Anti-Spam Legislation 2018 by never sending out misleading information. We will not sell, rent or share your email address.
How We Use Your Information
You information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website).
Specifically, we may use the information and data described above to:
Create and administer your account; and
Deliver any products or services purchased by you to you; and
Correspond with you; and
Process payments or refunds; and
Contact you about new offerings that we think you will be interested in; and
Interact with you via social media; and
Send you a newsletter or other updates about our company or website; and
Deliver targeted advertising; and
Request feedback from you; and
Notify you of updates to our product and service offerings; and
Resolve disputes and troubleshoot any problems; and
Administer contests or giveaways; and
Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and
Compile anonymous statistical data for our own use or for a third party’s use; and
Assist law enforcement as necessary; and
Prevent fraudulent activity on our website or mobile app; and
Analyze trends to improve our website and offerings.
Why We Disclose Your Information
We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests. The following are specific reasons why we may share your information.
Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third Party Processing” Section below.
By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Tracking Technologies
Cookie Policy
Effective Date: 27-Mar-2023
Last Updated: 27-Mar-2023

What are cookies?
This Cookie Policy explains what cookies are and how we use them, the types of cookies we use i.e, the information we collect using cookies and how that information is used, and how to manage the cookie settings.
Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide better user experience, and understand how the website performs and to analyze what works and where it needs improvement.

How do we use cookies?
As most of the online services, our website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.
The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.

Types of Cookies we use
Necessary
Cookie Duration Description
cookieyes-consent 1 year CookieYes sets this cookie to remember users' consent preferences so that their preferences are respected on their subsequent visits to this site. It does not collect or store any personal information of the site visitors.
wordpress_test_cookie session This cookie is used to check if the cookies are enabled on the users' browser.
Functional
Cookie Duration Description
tve_leads_unique 1 month Thrive leads sets this cookie to remember which optin form the visitor has filled out when subscribing a newsletter.
tve_secret 1 year Thrive Comments plugin sets this cookie to prevent comment spam.
Analytics
Cookie Duration Description
_ga 1 year 1 month 4 days The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gid 1 day Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
_gat_gtag_UA_* 1 minute Google Analytics sets this cookie to store a unique user ID.
_ga_* 1 year 1 month 4 days Google Analytics sets this cookie to store and count page views.
_fbp 3 months Facebook sets this cookie to store and track interactions.
CONSENT 2 years YouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.
Advertisement
Cookie Duration Description
YSC session YSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
VISITOR_INFO1_LIVE 5 months 27 days A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
yt-remote-device-id never YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-connected-devices never YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
csm-hit never This cookie is set by the provider Amazon. This cookie is used to identify the product viewed by the user. Thus it helps the website to promote related products.
Uncategorized
Cookie Duration Description
prism_223406703 1 month No description
tqb-impression-6068 1 month No description
tqb-impression-6068-tqb-user-6421b28a3b9d25_28451804 1 month No description
tlf_27 2 days No description
tl_6506_6507_27 1 month No description
tl_6506_6518_35 1 month No description
tqb-impression-6068-tqb-user-6421b29d784f73_22485632 1 month No description

Manage cookie preferences

Cookie Settings
You can change your cookie preferences any time by clicking the above button. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent right away.
In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.
Chrome: https://support.google.com/accounts/answer/32050
Safari: https://support.apple.com/en-in/guide/safari/sfri11471/mac
Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox?redirectslug=delete-cookies-remove-info-websites-stored&redirectlocale=en-US
Internet Explorer: https://support.microsoft.com/en-us/topic/how-to-delete-cookie-files-in-internet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc
If you are using any other web browser, please visit your browser’s official support documents.

Cookie Policy Generated By CookieYes - Cookie Policy Generator.
Cookies, Log Files And Web Beacons: Like Many Other Web Sites, We Make Use Of Log Files. These Files Merely Log Visitors To The Site – Usually A Standard Procedure For Hosting Companies And A Part Of Hosting Services’ Analytics. The Information Inside The Log Files Includes Internet Protocol (IP) Addresses, Browser Type, Internet Service Provider (ISP), Date/Time Stamp, Referring/Exit Pages, And Possibly The Number Of Clicks. This Information Is Used To Analyze Trends, Administer The Site, Track User’s Movement Around The Site, And Gather Demographic Information. IP Addresses And Other Such Information Are Not Linked To Any Information That Is Personally Identifiable.
We also use cookies - small text files sent to us by your computer - and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services. For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website.
Most browsers are set to accept cookies by default. In addition, when you first encounter our website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies? By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.
In addition, we may use third-party software to post advertisements on our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Website Analytics
We may partner with third party analytic companies, including Google Analytics, etc. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third party analytic companies. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool
Disabling cookies
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.
Other Websites
This SITE contains links to other websites that may offer products or services that our customers might find useful. These sites may request information from you. In such instances, the collection and use of your personal information will be governed by the privacy notice applicable to that site. We do not control the privacy notices, contents or links that appear on these sites. We encourage you to review the privacy notices of any third party sites or services before providing any of them with your personal data.
Processing Your Information
For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below.
However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:
Data associated with your account, such as your name, address, email address and payment information
Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.
Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
Data that you provide us in the course of using our services.
Data that you post on our website, such as comments or responses to blogs.
Data that you submit to us when you make an inquiry regarding our website or offerings.
Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
Data that you submit to us via correspondence, such as when you email us with questions.
Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.
International Data
Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.
Sharing Your Personal Data
We may share your personal data as follows:
Third Parties Designated by You. We may share your personal data with third parties where you have provided your consent to do so.
Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as email delivery, service providers who provide IT and systems admin, professional advisors including accountants, lawyers, bankers, auditors and insurers, data analysis, payment processing, government bodies that require us to report processing activities or otherwise disclose your personal data market research and fraud prevention agencies, third parties to whom we sell, transfer, or merge parts of our business or our assets.
Third Party Sites
Our Site may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.
International Data Transfer
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accepting this Policy, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
Data Retention
We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
Security of Your Information
We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.
By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.
Your Rights
You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at info[at]cynthiabrace[dot]com
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.
Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at info[at]cynthiabrace[dot]com
Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at info[at]cynthiabrace[dot]com
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website.
Complaints: You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.
California Privacy Rights
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
Newsletter Privacy
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns
Severability
If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Entire Agreement
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
Law and Jurisdiction
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with Canadian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Ontario, Canada.
If you have any questions about this Policy you may contact COMPANY at info[at]cynthiabrace[dot]com. ‘Inevitable Ballet Progress Planning kit’, ‘Aligned Ballet Technique – 6 week program’ (“the Courses”) which are digital Courses provided by The Dancer Next Door LLC ( “We”, “Us”, “Our”) whose registered office is at 312 W. 2nd St #2510, Casper, Wyoming 82601 to you, the person purchasing access to the Courses (“the Member” “You”).

1.2 Provision of the Courses will be subject to these terms and conditions and you are deemed to have accepted them when you purchase access to the Courses, unless we expressly agree in writing otherwise.

1.3 These terms and conditions along with our Privacy Notice which can be viewed at www.thedancernextdoor.com represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous Courses of dealings. Any reference to terms and conditions and/or this Agreement shall be deemed to include the Privacy Notice. For the avoidance of doubt these terms and conditions shall take priority over any other document in the event a conflict arises.

1.4 The Agreement between us will commence when you purchase access to the Courses and it shall continue until such time as it is terminated in accordance with these Terms and Conditions.

Definition and Interpretation
2.1 For the purposes of these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:


Confidential Information

means ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and all other confidential and/or proprietary information;

Member

means you, the person accessing the Courses and paying the Courses Fee;

Courses Fee

means the amount payable in advance by the Member which entitles them to access the Courses;

Courses Period

means the time period which begins the day after the Courses Fee is paid and continues indefinitely until the Courses is not offered as part of The Dancer Next Door LLC services anymore

Course Services

means any or all of the services provided as part of the Courses including, but not limited to, a Masterclass taught live on ZOOM or recorded, recorded videos, workbooks, pdf documents

Course Area

means the private group or area located at https://thedancernextdoor.thrivecart.com/l/ballet-foundations-masterclass/

Personal Data

means any information which is capable of identifying

another individual as further defined within the General

Data Protection Regulation 2016/679 (“GDPR”).

Becoming a Member
By applying to become a Member, you agree and warrant that you:

3.1 are legally capable of entering into binding contracts;

3.2 are at least 18 years of age; and

3.3 will ensure that all of the information that you provide to us is true and accurate.

3.4 Your application and purchase of the Courses is a contractual offer that we may, at our sole discretion, accept. After making your application you will receive an email from us acknowledging that we have received notification of your application.

3.5 Our email acknowledgement is not our acceptance of your application. Our acceptance is indicated when we send your confirmation email (“Confirmation Email”) and a legally binding agreement between us will be formed once we send the Confirmation Email.

3.6 When you make an application to purchase access to the Courses you will be required to acknowledge that you wish access to the Courses to be provided to you immediately and that you acknowledge and agree that you will lose your legal right to change your mind and cancel this Courses except in accordance with these Terms and Conditions. Your other statutory rights as a consumer are not affected.

3.7 In the event we are unable to fulfil your application and deliver access to the Courses we shall notify you by email and provide you with a full refund of any Courses Fee paid.

The Courses Services
4.1 Access to the Courses Area and all of the Courses Services are online only and no alternative will be provided.

4.2 We shall deliver the Courses Services with reasonable care and skill consistent with best practices and standards applicable within our marketplace and shall ensure that the content of the Online Courses is of satisfactory quality, fit for purpose, and as described.

4.3 We shall use our reasonable endeavours to ensure that all descriptions of the Courses correspond to the Courses that we shall deliver to you.

4.4 In delivering the Courses Services we may engage the services of our employees, contractors and other third-party providers as we deem necessary.

4.5 Whilst we shall make every effort to deliver the Courses Services in accordance with the details as set out within these Terms and Conditions, we reserve the right to amend, revise or make changes to the Courses or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we shall ensure that the Courses still matches the description provided to you at the time of your purchase, save that we shall not be prevented from making any beneficial changes to the Courses which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made to the Courses.

4.6 As part of the Courses Services we may provide you with materials, information, resources, videos, data and other content (“Content”). By becoming a Member, you agree and accept that all such Content remains our confidential and proprietary intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your Courses, and should not be copied, disclosed, or used for any commercial reasons without our express consent.

4.7 Any information, support and guidance we provide to you as part of the Courses is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.

4.8 Where, as part of the Courses Services, we offer interactive or live sessions via video link or telephone (“Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by email. It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.

4.9 It is your responsibility to ensure that you have in place the necessary requirements to allow you to access the Courses Area and use the Courses Services as provided. We shall not be liable to you in the event you are unable to access the Courses Area or any of the Courses Services.

4.10 The Courses Area is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to our Courses Area or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Courses Area or our systems or processes which is caused due to routine or unexpected maintenance.

Your Obligations
5.1 Your Courses are personal to you. On this basis you accept and agree that you will not share or disclose your access to the Courses, or your password to any private area, with any third party, or sell, licence or otherwise assign your rights in relation to the Courses.

5.2 We respect your privacy and confidentiality and we ask that you respect the privacy of other Members or individuals accessing the Courses in particular that you agree:

5.2.1 to act in a reasonable and responsible manner at all times when accessing the Courses Area and not to act in a manner which may cause offence, distress or alarm to any other Member or any other individual accessing the Courses;

5.2.2 not to record Sessions or any part of the Courses Services, for your personal use or otherwise;

5.2.3 not to share information, whether expressed to be confidential or not, that is shared by another Member;

5.2.4 not to capture or share images of any other Member or that include any other Member without that Member’s express permission;

5.2.5 not to use the Courses Area, any private group or any other associated groups for any unlawful purpose; and

5.2.6 that when accessing the Courses Area, any private group or any associated group that you will not upload, post, transmit or otherwise make available any content that:

5.2.6.1 infringes any copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;

5.2.6.2 is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;

5.2.6.3 discloses personal and/or confidential or sensitive information about another person;

5.2.6.4 is threatening or causes a Member to feel harassed or in fear; and/or

5.2.6.5 is classed as spam.

5.3 You accept that when you become a Member of the Courses that you may be required to review and make decisions concerning your education and development, health and wellness, and home life, and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your Courses with and participation in the Courses.

5.4 As part of the Courses Services you will have access to dance videos, workouts, and physical challenges (“Activities”). You accept and acknowledge that it is your responsibility to ensure that you are fit and well before engaging in any Activities and that during any Activity you remain responsible for monitoring your own physical condition so that you do not exceed the limits of your physical capabilities. If at any time you feel unwell whilst undertaking any of the Activities you must stop and seek medical assistance. If you are unsure as to your physical capabilities, or if you have concerns with regards to your health it shall be your responsibility to seek guidance from your general practitioner and obtain their consent before engaging in any of the Activities provided as part of the Courses Services.

5.5 Where you undertake Activities as part of the Courses Services it will be your responsibility for ensuring that you have a safe and sufficiently spacious area within which to carry out the Activities.

5.6 You accept and acknowledge that we are not registered health practitioners and that we are unable to provide any advice or undertake any assessment of your health or your physical capabilities.

5.7 In the event you have any concerns as to any aspect of our delivery of the Courses you agree to notify us of such concerns by email to contact@thedancernextdoor.com as soon as possible and allow us reasonable time to investigate your concerns and resolve them before you take any further action. For the purposes of this clause further action includes stopping payment of the Courses Fee or making any chargeback or similar claim.

5.8 If you experience a fault or other issue with any of the Courses Services please let us know immediately by email to contact@thedancernextdoor.com. We shall use our best endeavours to remedy the fault and where we are unable to fix it then you may be entitled to a full or partial refund. For further information concerning your rights as a consumer please contact your local Citizens Advice Bureau.

5.9 You agree to notify us by email in the event you become aware of any inappropriate behaviour or content being displayed on or in the Courses Area, within any of our associated groups, or within our associated social media channels.

5.10 When accessing the Courses Area you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.

5.11 You accept and agree that all communication between us will be via electronic means. We shall contact you using the email address that you provide to us and it shall be your responsibility to contact us if that changes. Where we need to provide you with information, we shall do this via email or by posting information on our Website. You can contact us using the details set out below.

5.12 In the event you refuse or fail to comply with this Clause 5 then we shall be entitled to terminate your access to the Courses Services and any Sessions, associated groups or Courses Areas.

Fees and Charges
6.1 The Fee for access to the Courses is a single payment of $37 for the “Ballet Foundations Masterclass”, $27 for “Inevitable Ballet Progress Planning kit”, $97 for the “Aligned Ballet Technique – 6 week program” (“The Course Fees”).

6.2 All payments to be made to us shall be made in USD $ and are inclusive of VAT and any other taxes which may apply.

6.3 Payment can be made by credit card, through ThriveCart and Stripe.

6.4 Time shall be of the essence in respect of the payment of the Courses Fees.

6.5 Payment of the Courses Fees shall be made without deduction, set off or any form of withholding except as is required by law.

6.6 Cleared payment of the Courses Fee must be received by us before you are entitled to access the Course Services.

6.7 Where you wish to make payment of the Courses Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Courses Fees. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Courses then you agree to be responsible for payment of the Courses Fee within 7 days from access to the Courses being provided.

6.8 We reserve the right to vary the amount of the Courses Fees at any time. The Courses Fee that is shown on our Website or other Social Media Platforms at the time your purchase is made is the price that you will be required to pay



Refund Policy
7.1 We offer a 14 day refund policy to your purchase of The Ballet Foundations Masterclass and/or the Aligned Ballet Technique – 6 week program as explained. If you are dissatisfied by the Course Services, you can apply for a full refund by sending an email to contact@thedancernextdoor.com. In this email, you must explain in detail the reasons for your refund request and provide evidence that you applied the knowledge you acquired within the Courses, but remained dissatisfied. Your application for a refund request does not guarantee that you are entitled to a refund. Following your refund request, we will review your refund request and make a decision. It is at our absolute discretion to accept or reject your refund request. In case we decide to provide you a refund, we will return the Course Fee to the payment method you provided during your payment of the Course Fee and we shall notify you by email. In case we reject your refund request, we will notify you by email.

7.2 You accept and understand that in light of the 14 day refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. Should you have any concerns with the Courses then you agree to raise your concerns with us in accordance with these Terms and Conditions. In the event you choose to pursue a chargeback claim without first contacting us, then you accept that such action shall constitute a breach of these Terms and Conditions and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter calculated at a rate of $150 per hour.

7.3 The 14 day refund guarantee does not apply to the Inevitable Ballet Progress Planning kit. No refunds will be provided, under any circumstances for the Inevitable Ballet Progress Planning kit. All refund requests for the Inevitable Ballet Progress Planning kit will be rejected.

Cancellation and Termination
8.1 For the safety, protection and benefit of other Members, we reserve the right to cancel your access to the Course and any of the Services at any time. In the event such a situation arises we do not need to provide a reason for the cancellation and any refund will be considered at our absolute discretion.

8.2 We reserve our rights to terminate your access to the Services, with immediate effect, if you:

8.2.1 commit a material breach of your obligations under these terms and conditions; or

8.2.2 fail to provide payment of any amount due in respect of the Service Fee as and when it becomes due; or

8.2.3 have a bankruptcy petition presented against you or you become subject to a bankruptcy order; or

8.2.4 enter into a voluntary arrangement pursuant to the Insolvency Act 1986; or

8.2.5 any of the circumstances arise as set out in clause 9.7.

8.3 We shall be entitled to limit the Services or suspend, and/or terminate the arrangement without refund of any Course Fee, whether paid or remaining due and payable, if we reasonably determine that you:

8.3.1 are becoming disengaged, disruptive or if you impair the provision of the Services or the enjoyment of the Services by any other Member. For the purposes of these terms and conditions, the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Services, failing to respond positively to requests for further information or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or

8.3.2 are failing to follow or abide by any of these terms and conditions or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.

8.4 Upon termination of this arrangement for any reason:

8.4.1 all clauses which either expressly or by their nature relate to the period after the delivery of the Services or expiry or termination of the same shall remain in full force and effect; and

8.4.2 you will no longer have any access to any private groups, Sessions or Content, unless we have expressly agreed in writing otherwise; and

8.4.3 You shall (except to the extent referred to in clause 9.3) cease to use, either directly or indirectly any Confidential Information, and shall immediately return to us any documents in your possession or control which contain a record of any Confidential information.

Confidentiality, Intellectual Property and Data Protection
9.1 We understand and respect the value of Confidential Information and in the event you choose to share Confidential Information with us as part of your use of the Courses Services then we shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes and Confidential information that you may disclose to us or that may be disclosed as part of your participation in the Courses and your access to the Courses Services to which these Terms and Conditions relate.

9.2 Confidential Information for the purposes of these Terms and Conditions excludes any information that:

9.2.1 was already known to us prior to being provided with that information by you;

9.2.2 is already accessible in the public domain;

9.2.3 is provided to us by a third party separately from this arrangement and without any breach of these Terms and Conditions; or

9.2.4 is produced, developed or collated by us independently of you and without any breach of these Terms and Conditions.

9.3 We shall grant to you a personal, limited, non-transferable, revocable licence to access, view and use any Content provided as part of the Courses Services solely for your personal and private use and for the purposes intended by, and for the duration of your Courses, as set out in these Terms and Conditions. All other uses are strictly prohibited.

9.4 In respect of the Courses Services to be provided pursuant to these Terms and Conditions we both agree that in relation to any personal information, whether confidential or not, that is shared between us that we shall both be individually responsible to comply with any and all relevant data protection laws and legislation, including the GDPR, and agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.thedancernextdoor.com.

9.5 We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Courses Services and shall only retain it for as long as is necessary to allow completion and delivery of the Courses and to comply with any legal or regulatory requirements in accordance with relevant retention guidance.

9.6 By purchasing access to the Courses, you hereby agree and undertake that from the date of purchase:

9.6.1 not to infringe any of our, or any Members’, copyrights, patents, trademarks, trade secrets or other intellectual property rights;

9.6.2 that any Confidential Information disclosed by us, or by another Member, is confidential and proprietary, and belongs solely and exclusively to the person disclosing it;

9.6.3 not to disclose such Confidential Information to any other person or use it in any manner other than in discussions as part of your participation in the Courses and your use of the Course Services;

9.6.4 that all Content provided by us or another Member, is that individual’s confidential and proprietary intellectual property and belongs solely and exclusively to them, and may only be used by you as expressly authorised by the person disclosing it; and

9.6.5 the reproduction, distribution, and/or sale of any Content provided during provision of the Course Services or at any time thereafter by anyone but us is strictly prohibited. You agree that in the event of any breach of your obligations contained in these Terms and Conditions then damages, loss, or irreparable harm may arise and that in such circumstances we shall be entitled to seek relief, including injunctive relief against you.

9.7 We shall be permitted to disclose Confidential Information to any director, officer, employee, agent, sub-contractor or adviser only to the extent necessary for the performance of the Services.

9.8 In the event you choose to share comments, information, content, photos, graphics or images (“Member Content”) with us then in doing so you are granting to us, free of charge, permission to use your Member Content in any way as part of our business services. Such uses shall include advertising and marketing.

9.9 Where you choose to share Member Content with us as defined above, you confirm that you have the legal right to share that Member Content and that it does not infringe any third party’s intellectual property or other rights.

9.10 Where you provide us with a testimonial, review or similar information (“Review”) then in doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.

9.11 The obligations set out above shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.

9.12 The provisions of this Clause 9 shall continue in force notwithstanding the termination of our arrangement for any reason.

Liability
10.1 Your purchase of access to the Courses and your compliance with these Terms and Conditions does not constitute or imply any business relationship other than as set out within this Agreement.

10.2 We warrant that the content of the Courses is of satisfactory quality and reasonably fit for the purposes in which it is intended to be used as described on our Website and social media platforms.

10.3 Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.

10.4 By participating in the Courses you will have access to information designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/ or the skills or tools shared. Since your success and any results are dependent on factors which are outside of our control, we do not guarantee that any particular results or success will be achieved.

10.5 We have made every effort to accurately represent the Courses. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.

10.6 We do not warrant or guarantee that your access to the Courses will be:

10.6.1 accessible via your particular hardware or software;

10.6.2 free from interruptions or errors;

10.6.3 free from defects;

10.6.4 suitable for your particular situation or circumstances.

10.7 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

10.7.1 any indirect, consequential or special damages, losses or costs;

10.7.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses;

10.7.3 any failure to deliver the Courses Services where we are prevented due to a reason behind our reasonable control; or

10.7.4 any losses arising from your choices of Courses Service requested or your use of the Courses Services once delivered.

10.8 In the event damages are incurred by you as a result of our default or breach of these Terms and Conditions, our entire liability is limited to the amount of the Courses Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 10.8 is fair and reasonable given the nature of this arrangement and the provision of the Courses Services.

10.9 We shall not be liable to you where we have informed you of a problem with the Courses Services and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.

10.10 Nothing in these Terms and Conditions seeks to excuse or limit your legal rights as a consumer. For further information concerning your legal rights please contact your local Citizens Advice Bureau or the equivalent free legal support within your territory.

10.11 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

10.12 During the term of your Courses, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.

10.13 In the event a dispute arises in connection with these Terms and Conditions and the provision of the Courses Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.

General
11.1 The failure of either Party to actively enforce any provision of these Terms and Conditions shall not prevent that Party from subsequently seeking to enforce any term or obligation of and any such failure shall not constitute a waiver, diminution or limitation of any right.

11.2 In the event any provision of these Terms and Conditions is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

11.3 Every effort will be made to deliver the Course Services in accordance with these Terms and Conditions but we shall not be liable for any delay or failure in provision of the Course Services should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the United States during which State of Wyoming law is applicable to, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Courses Services shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Courses Services, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.

11.4 Where an Event arises, we shall provide you with a notice in writing sent to the email address which you provide to us, and which it shall be your duty to inform us should it change, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect of the Event.

11.5 Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate these Courses by providing the other with 7 days notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of these Terms and Conditions occurring prior to termination. Any refunds will be considered at our discretion.

11.6 Governing Law and Designation of Forum. (a) The laws of the State of Wyoming (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.

(b) A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the State of Wyoming sitting in Natrona County. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of Wyoming sitting in Natrona County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.

11.7 You agree that no other representations have been made by us to induce you into purchasing the Courses and no modification or variation to these Terms and Conditions shall be effective unless agreed in writing.

11.8 Save as provided for in clause 10.12 the Contracts (Rights of Third Parties) Act 1999 shall not apply.

PRIVACY NOTICE

This Privacy Notice sets out the details of how Maria-Olga Tsopela (aka Olia Tsopela-George) t/as The Dancer Next Door LLC (“we”, “us”, “our”) as data controller, collects and processes your personal data obtained directly from you, or through our website located at www.thedancernextdoor.com, or our other online platforms and social media channels which, for the purposes of this privacy notice, shall be collectively referred to as (“the Website”).

For the purposes of this Privacy Notice, personal data shall mean any information that can be used to identify an individual whether directly or indirectly (“Personal Data”).

Please read through the content of this Privacy Notice carefully and ensure that you understand it. If you do not understand the content of this Privacy Notice or do not accept or agree with it then you must stop using the Website and/ or accessing our other online platforms, social media groups and any other associated groups or pages immediately. If you have already provided us with any Personal Data then you must contact us immediately.

If you have any questions about this Privacy Notice or require more information concerning our privacy and data protection practices please contact us at contact@thedancernextdoor.com.

What personal data do we process, why do we process it, and how do we collect it

We may process Personal Data that you provide to us by subscribing to a newsletter or email list, requesting information through a contact form, or by any other communication via email, text, Meta Platforms, Pinterest, Tik Tok, YouTube or through our Website.

We may also process your personal data through the use of cookies or other tracking software on our Website. Please refer to our separate cookie policy for further information.

We may also process Personal Data received from third parties such as Meta Platforms Ireland Limited, Google, Pinterest, Youtube, Paypal, Stripe, ConvertKit, Acuity Scheduling, Zoom, WordPress, Outlook or other information, analytic or advertising providers or other search or payment processing services.

When we process your Personal Data we will comply with the relevant data protection laws and principles such as the General Data Protection Regulation (EU Regulation 2016/679) (“GDPR”), which means that your data will be used lawfully, fairly and in a transparent way, kept securely and only for as long as necessary for the purposes we have told you about.

We shall only collect and process your Personal Data for purposes that are clearly outlined prior to you providing us with your data, or for a legitimate reason.

Whenever we process your Personal Data we do so on the basis of a lawful condition this will either be because you have given your consent for us to process your data, where we are under a contractual or legal obligation, or where it is in our legitimate interests to do so.

We do not carry out automated decision making or any type of automated profiling.

The types of Personal Data which we process will vary depending on your own specific circumstances but typically can include:

Personal Information: which may include your name, date of birth, email address, phone number, business contact details, correspondence address, IP address. We shall process this data for the purposes of communicating with you and keeping our records on the lawful grounds of legitimate interest;

Customer or Client Information: should you purchase goods and/or services from us then we may process information in connection with your purchase, and the supply of that purchase, as well as keeping appropriate records. Such information may include your Personal Information, billing address, delivery address, credit card or other payment details and we shall process it on contractual grounds;

User Information: this may include comments or statements that you may make or post via our Website, online platforms or social media channels, images, documents or videos that you share on or through our Website or through any of our pages or other online platforms, and information concerning your use of our Website or other online platforms such as your browser information, pixel ID, page views, pages visited, number of visits and where appropriate log-in details. We shall process this information to analyse and monitor usage and content of our Website and other platforms and channels to ensure the content is relevant to you, to support our administration and record keeping requirements, and to maintain security of our systems on legitimate interest grounds;

Promotional Information: this may include information you provide in connection with any promotions, marketing or advertising from us or our third parties. We shall use this information to provide relevant offers and advertisements, competitions and promotions and other free resources and to monitor our promotional activity, keep records and compile analytics on legitimate interest grounds.

We may also process your Personal Data to deliver or send relevant advertisements to you through our Website and to analyse the success and effectiveness of such adverts for our legitimate interest purposes of promoting and growing our business.

In accordance with the Privacy and Electronic Communications Regulations (PECR) we may also send you relevant advertisements or marketing information if you:

have ever purchased or enquired about our products or services; and

at the time of your purchase or enquiry you agreed to receive advertising or marketing information from us and you have not opted out from receiving that information.

Where we contact you through email, we shall ensure that our emails clearly display the location of the sender and include clear options for you to opt-out from receiving contact from us in accordance with the CAN-SPAM Act.

Special Category Data

To allow us to deliver our services to you we need to process special category data which will include information concerning any previous injuries or relevant medical conditions. We require your explicit consent to undertake this processing and we will contact you to obtain this.

Disclosure of Personal Data

We may use any of the following external service providers to support our business and may share your personal data with those third parties:

Meta Platforms Ireland Limited

Pinterest;

Google;

Paypal;

Stripe;

ConvertKit;

Zoom;

Dropbox;

Acuity Scheduling;

WordPress

Outlook

YouTube

Tik Tok

ThriveCart.

We understand that all of these third parties have appropriate technical and security processes in place to protect your data.

We may also share your personal data as follows:

where it is necessary for external service providers who have been engaged by us to assist in the provision of services to our clients and customers;

where it is required by our professional support teams;

where we are required by a government body or legal obligation or to protect our rights;

where it is required in connection with the sale or purchase of any business or assets;

Where we have outsourced a function or activity to an external service provider, we will only disclose Personal Data that the service provider needs to undertake that function or activity, and we require external service providers to agree to keep your Personal Data secure in accordance with the relevant law.

We agree not to share your Personal Data with any third party for that third party’s marketing purposes unless we have obtained your consent to do so.

Transfer of Personal Data

Our Website is located within the United States, State of Wyoming, County of Natrona and your data will be processed in the United States. We comply with the Internet laws applicable to that country.

We may also transfer your Personal Data to a third-party service provider which requires your Data to be transferred outside of the USA. Where your Data is transferred outside of the USA by our third-party service providers, we understand that they comply with the following standards relating to the security of your Personal Data:

I. Meta Platforms Ireland Limited utilise standard contractual clauses approved by the European Commission and rely on the European Commission’s adequacy decisions about certain countries, as applicable, for data transfers from the EEA to the United States and other countries.;

II. Pinterest may transfer the personal data of EEA residents to a country outside the EEA. When they transfer information from the EEA to a country that doesn’t provide an adequate level of protection, they’ll only do so under appropriate safeguards to protect your information, such as standard contractual clauses. Pinterest complies with the California Consumer Privacy Act (CCPA)

III. Google complies with the European Commission adequacy decisions, UK adequacy regulations, Swiss adequacy decisions;

IV. Stripe uses one or more of the following: EU Standard Contractual Clauses with a data recipient outside the EEA, Switzerland or the UK, verification that the recipient has implemented Binding Corporate Rules, or other legal methods available to us under applicable law.

V. Zoom Where personal data of users in the EEA, Switzerland, or the UK is being transferred to a recipient located in a country outside the EEA, Switzerland, or the UK which has not been recognized as having an adequate level of data protection, we ensure that the transfer is governed by the European Commission’s standard contractual clauses. Zoom follows the California Consumer Privacy Act;

VI. Dropbox When transferring data from the European Union, the European Economic Area, the United Kingdom and Switzerland, Dropbox relies upon a variety of legal mechanisms, such as contracts with our customers and affiliates, Standard Contractual Clauses and the European Commission’s adequacy decisions about certain countries, as applicable. Dropbox is overseen by the US Federal Trade Commission.;

VII. WordPress https://wordpress.org/about/privacy/;

VIII. ConvertKit complies with the California Consumer Privacy Act (“CCPA”) https://convertkitdevo.wpengine.com/privacy;

IX. Acuity Scheduling relies upon a number of means to transfer personal information which is subject to: (a) the European General Data Protection Regulation (“GDPR”) in accordance with Chapter V of the GDPR; or (b) applicable UK data privacy laws in accordance therewith. These include:

Standard data protection clauses. They transfer, in accordance with Article 46 of the GDPR, personal information to recipients that have entered into the European Commission approved contract for the transfer of personal data outside the European Economic Area. They transfer, in accordance with UK law, personal information to recipients that have entered into the UK Information Commissioner’s Office approved international data transfer agreement and the UK addendum to such European Commission approved contract.

Other means. They may, in accordance with Articles 45 and 46 of the GDPR, transfer personal information to recipients that are in a country the European Commission or a European data protection supervisory authority has confirmed, by decision, offers an adequate level of data protection, pursuant to an approved certification mechanism or code of conduct, together with binding, enforceable commitments from the recipient to apply the appropriate safeguards, including as regards data subjects’ rights, or to processors which have committed to comply with binding corporate rules;

X. ThriveCart signed Data Processing Addendum (including Model Clauses) with AWS which covers transfer of data from within the European Union to the US.

XI. Tik Tok https://www.tiktok.com/legal/page/row/privacy-policy/en .

Where we transfer data to parties not listed above that are outside of the EEA then we will ensure that at least one of the following conditions is met:

You have given your express consent;

The country has an approved adequate level of protection for personal data;

It is legally required;

It is authorised by the relevant data protection authority.

Data security

We take the protection of your Personal Data seriously and have taken suitable and reasonable steps to protect the Personal Data we hold from misuse, loss, unauthorised access, and any modification or disclosure.

We limit access to your Personal Data to those employees, agents, contractors or third parties who have a business need to know. They will only process your Data on our instructions and must keep it confidential.

If you are submitting Personal Data over the internet that you wish to remain private, please note that while attempts are made to secure information transmitted to this site, there are inherent risks in transmitting information across the internet. If you prefer, we can arrange for you to submit your Personal Data through alternative means. Please contact us to discuss alternative methods.

Data retention

We will not keep your Personal Data for longer than is required with regard to the purpose for which it was collected by us or provided by you including any legal or record keeping requirements and will take reasonable steps to destroy or permanently de-identify your Personal Data when it is no longer required.

Your rights in relation to the data we hold

You have rights in relation to your Personal Data these include the right to access and receive a copy of your Personal Data, to ask us to correct any errors, to erase your Personal Data, to restrict or object to how your information is processed. You can find out more about your rights by visiting https://ico.org.uk/your-data-matters/.

To ensure the information we hold about you remains accurate please contact us using the email address above if at any time your personal details change.

Where you have provided your consent for us to process your Personal Data you can withdraw that consent at any time. Should you wish to do so please contact us at the above email address.

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service. We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below. In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

Analytics and Conversion Tracking:

We may use analytics services that use cookies, javascript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For example, we use cookies on our site for Google Analytics (the “Analytics Service”). The Analytics Service is a web-based analytics tool that helps website owners understand how visitors engage with their website. The Analytics Service customers can view a variety of reports about how visitors interact with their website so that they can improve it.

Like many services, the Analytics Service uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

The Analytics Service collects information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Service without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

We may also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.

Protection for Children:

We generally do not collect personally identifiable information from children under the age of 13. If at any time in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Links to other sites

The Website may contain links to other sites. We are not responsible for the privacy practices of those websites and have no knowledge of whether cookies or other tracking devices are used on any such linked sites. If you have any concerns regarding the privacy of your information you should ensure you are aware of the privacy policies of those sites before disclosing any personal information.

Changes to this Privacy Notice

We reserve the right to alter or amend this Privacy Notice without any prior notice to you. Should our Privacy Notice be altered, the new Privacy Notice will be posted on the Website.

Your first use of our Website after the date of any amendments or alterations will constitute your acceptance of such changes therefore, we recommend you rev ie this Privacy Notice regularly to keep informed of any changes.

Governing Law:

This Privacy Policy and our legal obligations hereunder are subject to the laws of the State of Wyoming regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in the State of Wyoming, County of Natrona, in all disputes arising out of or relating to the Services.