Terms & Conditions

TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT

Welcome to Embody Vitality! We're the proud owners and providers of all the programs, products, and services offered by our company. We want to ensure that you're aware of your rights and responsibilities as a user or purchaser of our Offering, which is why we've created these Terms and Conditions of Use.

These Terms and Conditions of Use serve as the governing agreement between you and our company, and define the terms under which you're allowed to access and use our Offering. It's important to note that we reserve the right to update and modify these terms at any time, and will provide updates accordingly with the 'date last updated' indicated at the top of this page.

By accessing and using our Offering, you're legally bound to comply with these Terms and Conditions of Use, regardless of whether or not you've read them. If you don't agree with any of our terms, please contact us at embodyvitalityconsulting@gmail.com, and we'll make reasonable efforts to remove your name, email, and access to our Offering and website(s). We're committed to ensuring that your experience with us is transparent and fair.

GENERAL PROVISIONS

Embody Vitality, a New York-based company, operates and owns this website. Your use of this website is entirely at your own risk. We use a reputable platform to host our website and take reasonable steps to maintain and host the site. However, we do not make any explicit representations or warranties regarding the safety of your individual use of the website. Please note that the terms and conditions provided on this page are subject to modification at any time.

YOUR PRODUCT OR COURSE USE AND CONSENT

When You purchased Our Offering, You were given reasonable notice of these Terms and Conditions of Use. By continuing to access and use Our Offering, You implicitly agree to comply with these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained herein.

You affirm that You are at least 18 years old or of legal age in Your jurisdiction to access Our Offering. If You are under the required age for consent to use online services, You may not access the Offering without the involvement and consent of a parent or legal guardian who will enroll and supervise Your participation in appropriate courses. If We discover that You have violated these rules, We reserve the right to terminate Your account. The access of Our Offering and related materials by a minor constitutes a violation of use, and We retain the right to terminate Your access in the event of such a discovery.

INTELLECTUAL PROPERTY NOTICE

All Intellectual Property, including images, text, designs, graphics, trademarks, and service marks, are the property of Embody Vitality or the respective party credited (the “Intellectual Property”). Federal law prohibits the unauthorized use or modification of any part of the Intellectual Property, and violators may face legal action, including financial penalties (damages) and/or an injunction requiring an immediate cessation of the use of Our intellectual property.

You may use Our Intellectual Property provided that it is attributed clearly and prominently to Our site and includes a link to the page where the materials, designs, images, text, quote, or post is located, when applicable. However, You are expressly prohibited from claiming any portion of Our Intellectual Property as Your own, even if properly attributed, or using any Intellectual Property within the Offering that is credited to a third-party.

ONLINE COURSE INTELLECTUAL PROPERTY

LIMITED LICENSE
All materials, whether paid or free, that are accessible on this website or any related domains containing Our Offering are exclusively owned or licensed for use by Embody Vitality. By accessing any content or materials in the Offering that You have paid for or opted to receive, You are granted a limited, non-transferable, non-exclusive, revocable license for non-commercial use only. It is understood that exceeding the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, constitutes infringement that significantly harms us. In such an event, We retain the right to seek damages and/or an injunction to remedy the situation until We are made whole. You are permitted to access and use the Offering only for Your personal use. You may also download and/or print any materials contained within the Offering for Your personal use.

However, You are strictly prohibited from engaging in the following activities:

Reselling or transferring Your access to any third party.
Sharing the Offering or any materials with anyone who has not purchased it or opted in to receive it.
Republishing or reprinting any part of the Offering, in whole or in part.
Distributing any materials from the Offering or related communications as Your own.
Creating a derivative work of any part or whole of the Offering for distribution as Your own.
Claiming ownership or using any of Our Intellectual Property without Our prior written consent, including copyrights, trademarks, and trade dress.
Using Our Offering or related materials and communications in any unlawful manner or for any illegal or unauthorized purpose.

REQUEST FOR PERMISSION TO USE CONTENT

Prior written consent from Embody Vitality is required to access, publish, or use any of our content, Offering(s), or related materials. Please direct your request for permission to the email address embodyvitalityconsulting@gmail.com.

CIVIL AND CRIMINAL PENALTIES

It is important to note that the unauthorized use of our Offering, despite it being intangible, is considered theft and is a violation of the Terms and Conditions of Use. In the event of any such misappropriation, infringement, or violation, we reserve the right to pursue legal action to the fullest extent permissible by law, in any authorized jurisdiction. By purchasing or accessing any of our Offerings, related communications, and/or materials, you expressly agree to the personal jurisdiction and exclusive venue of the federal and state courts situated in and serving Brooklyn, New York.

MODEL RELEASE

As a condition of using our platforms and accessing our Offering or related materials, you represent and warrant that you are the owner of the copyright to any images you utilize, and that they are free and clear of any third-party claims. By submitting any images to us, including but not limited to profile images or photos voluntarily provided by you, you grant us a commercial license to use your images. We reserve the right to use these images for any reasonable future business purposes.

NOTIFICATION OF USE

We do not have a legal obligation to provide notice to You or any individual depicted in photographs regarding Our use or publication of any image(s) that You have submitted by default or voluntarily.

SECURITY AND ASSUMPTION OF RISK

SECURITY

It is Your responsibility to ensure that Your username and password are secure and not subject to theft or unauthorized use that would violate these Terms and Conditions of Use. Please note that we do not store complete credit card numbers or payment information, as these are processed by third-party vendors like Stripe, PayPal, or SamCart. By using these payment processors to purchase access to the Offering, You assume all risks and liabilities associated with the security of payment information and agree to abide by the relevant terms and conditions of use set forth by the third-party payment processor. By doing so, You also indemnify Us against any liability arising from the use of these third-party processors.

CONFIDENTIALITY

It is important for You to understand and agree that unless otherwise indicated by a subsequent client agreement or mandated by law or fiduciary duty, You do not have a reasonable expectation of confidentiality regarding any communication or information exchanged with Us. This includes communication or information shared through verbal, written, or electronic means.

ASSUMPTION OF RISK

Upon accessing any of our offerings, whether paid or unpaid, or any related materials, you acknowledge and accept that you are assuming all associated risks. This includes any risks that may arise as a result of your access to the information, influence, or educational materials presented to you, as well as any subsequent actions you may take.

YOUR COMMUNICATIONS

All communications transmitted through any of our platforms such as the 'contact', blog, blog comments, newsletter sign-up, or other related pages, or directly to Our phones or mailing or email addresses are not considered privileged or confidential and may be subject to viewing and distribution by third parties. We maintain the right to ownership of all communications displayed on Our website, servers, comments, emails, or other media, as permitted by applicable U.S. law, and We do not provide credit or royalties for unsolicited user-generated content such as blog comments or emails. Our Privacy Policy provides more information regarding Our storage and use of Your communications or any data provided by You in those communications and is available on this page.

We reserve the right to republish any submission, in whole or in part, as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are intended solely for educational and informational purposes. By accessing and using our website, you agree to hold us harmless and indemnify us for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including but not limited to any consequences arising from technological failures such as payment processor errors or system failures. Although we may reference certain results, outcomes, or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is regularly updated, and while we make every effort to provide timely and accurate information, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up-to-date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should identify any errors or omissions and would like to inform us, please contact us at embodyvitalityconsulting@gmail.com.

OUTCOMES DISCLAIMER

It is recognized and agreed that results may vary for individuals and that any case studies or testimonials presented in Our Offering(s) or related material(s) are not necessarily indicative of typical results. We understand that there are unique backgrounds, health conditions, motivations, and other factors beyond Our control that may affect the effectiveness of Our Offering(s) for each individual. Therefore, We cannot guarantee Your success or promise any particular results solely based on Your access to or purchase of Our Offering(s) or related material(s).

GENERAL DISCLAIMER

In compliance with applicable laws, we wish to disclaim all liability for any direct, indirect, or consequential loss or damage incurred by you or any other party in relation to our Offering(s), including but not limited to accidents, delays, injuries, harm, loss, damage, death, lost profits, personal interruptions, misapplication of information, physical or mental disease, condition, or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of goodwill, wasted time, or any other loss or damage of any kind, whether resulting from negligence, breach of contract, or otherwise, even if foreseen. We are not experts in medical, legal, financial, or any other fields, and even if we are, we do not offer professional services in conjunction with our Offering(s) and related materials. You expressly acknowledge that we are not acting in any professional capacity, including medical, legal, financial, or otherwise. Our Offering(s) are strictly for educational and entertainment purposes, and none of the materials or related content should be construed as medical, legal, or financial advice.

Furthermore, you acknowledge that individual results may differ, and that any case studies or testimonials provided by us do not reflect typical outcomes. Each individual has unique backgrounds, health, motivation, and other factors beyond our control that may impact the efficacy of our Offering(s). As a result, we cannot guarantee your success solely by accessing or purchasing our Offering(s) or related materials.

THIRD PARTY DISCLAIMER

As a user of our platform, you recognize and accept that we are not liable for any offensive, defamatory, or illegal behavior displayed by any other participant or user, including yourself.

WARRANTIES DISCLAIMER

We hereby assert that we do not offer any warranties for our offerings, programs, products, services, or program materials. It is acknowledged and agreed that such offerings, programs, products, services, or program materials are provided on an "as is" basis and without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law. We cannot ensure that the programs, products, services, or program materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, or that any defects will be corrected. Additionally, we do not warrant or make any representations concerning the use or the results of the use of our program, product, or service materials, or third-party websites, regarding their correctness, accuracy, timeliness, reliability, or any other aspect. We do not guarantee that any part of our website or content is free of viruses or other harmful components.

TECHNOLOGY DISCLAIMER

We aim to provide you with reliable technology, software, and platforms to access our offerings and related materials. However, we must acknowledge that in the event of technological failure, we cannot be held responsible for such failure. Although we will make reasonable efforts to assist you, some technological issues are beyond our control, and you may need to seek support from a third-party provider, such as SamCart.

Additionally, we cannot be held liable for any delay or failure in performance resulting from any event of force majeure or any cause beyond our or their control. This includes acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Neither we nor any other indemnified party shall be responsible or liable for (a) any incompatibility between the website and any site, service, software, or hardware, or (b) any delay or failure you may experience with any transmission or transaction related to our offerings.

ERRORS AND OMISSIONS

We make no representations or warranties as to the accuracy, timeliness, completeness, performance, or suitability of the information contained in Our Offering(s). Any inaccuracies, errors, or reliance on personal opinions contained within Our Offering(s) or related material(s) are not the responsibility of, and cannot be attributed to, us. Accordingly, we disclaim any and all liability in connection with such inaccuracies, errors, or reliance on personal opinions.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

INDEMNIFICATION
It is your responsibility to indemnify and hold Our Company, including any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, harmless from any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising from or related to your use of Our Offering(s).

LIMITATION OF LIABILITY

We would like to clarify that we shall not be held liable for any information, products, or materials requested or received by You through or in relation to Our Offering(s). Additionally, we assume no liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes resulting from Your access to Our Offering(s) and related material(s).

In no event shall We be liable for any direct, indirect, incidental, special, or consequential damages (including lost profits), personal injury (including death), or property damage of any kind or nature whatsoever arising out of or resulting from (a) the use of, or any inability to use, the Website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the Website or anyone else, even if We have been advised of the possibility of such damages, including negligence. Our total liability to You for all loss, cost, damage, liability, or expense (including attorneys’ fees and costs) that You may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence), or otherwise, shall not exceed the lesser of the amount paid by You, if any, for the right to access or participate in any activity related to the Website or $100.00.

It is important to note that the limitations, exclusions, and disclaimers set forth in these terms of use apply to the maximum extent permitted by applicable law. You acknowledge and agree that these disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between You and Us, and that these limitations are an essential basis for Our ability to make the Offerings available to You on an economically feasible basis.

Finally, You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

AFFILIATES

This website may include affiliate links to endorse certain products or services. By accessing and using such links, You assume full responsibility for any outcomes resulting from such actions, whether positive or negative. We cannot be held responsible for any losses or damages that may arise from Your purchase or use of products or services through affiliate links. We will make reasonable efforts to notify You when and where We have placed affiliate links, in addition to this disclaimer, which is included in these Terms and Conditions.

TERMINATION

In accordance with these Terms and Conditions, we reserve the right to terminate your access to our website and Offerings, and any related communications, at our sole discretion. We may grant or deny user access to our website, and we may revoke access without prior notice. In the event of revocation, we may also prevent your IP address from accessing our site(s) in the future.

FINANCIAL CONSIDERATIONS

CHARGEBACKS

As a customer of Our Offering, you understand and agree that in the event of a dispute or concern regarding Your purchase, You will first contact Us to request a refund. Should You choose to initiate a chargeback with Your financial institution, You acknowledge and agree that any and all bonuses, affiliate bonuses, or other materials provided to You as part of Your original purchase of Our Offering will be forfeited. We reserve the right to furnish evidence of Your use and access of Our Offering, as well as these Terms and Conditions of Use, to any financial institution investigating the dispute.

RECURRING PAYMENTS

If You have selected a payment plan for purchasing Our Offerings, You acknowledge and agree to grant Us ongoing access to Your financial information, as stored by the third-party financial processing company referenced in this Agreement. This access shall continue until Your payment plan is entirely fulfilled, in accordance with the purchase terms that You agreed to during the checkout process.

REVOCATION OF ACCESS

Unless otherwise specified in this Agreement, you have the right to terminate your access to any of Our Offerings unilaterally. To initiate the termination process, please send an email to embodyvitalityconsulting@gmail.com. However, it is important to note that upon termination, you remain responsible for any outstanding payment obligations. Once termination is confirmed, any outstanding balances become immediately due and payable. Any unpaid balance remaining after 14 days from the termination date shall be forwarded to a collections agency. By agreeing to this provision, you assume responsibility for any additional charges, fees, or costs related to collection efforts, including reasonable attorney’s fees and court costs.

DISPUTE RESOLUTION

In the event that a dispute or potential claim cannot be resolved through good-faith negotiation between You and Our Company, You acknowledge and agree to attempt to resolve the matter through Alternative Dispute Resolution or Mediation prior to initiating a civil cause of action.

NON-DISPARAGEMENT

In the event that You engage in defamatory, libelous, or otherwise disparaging behavior towards Our Company, Offerings, or any related materials, We reserve the right to exercise Our discretion and remove You from the Offerings and any related communications. Additionally, We reserve the right to initiate a civil cause of action against You for any such detrimental actions that cause material harm to Our Company.

ENTIRE AGREEMENT

Before registering or making any purchases from our website, you will be required to provide your consent to our Privacy Policy. Upon granting your consent, or following the grant of your consent, the terms of our Privacy Policy, combined with these Terms and Conditions, will constitute the complete agreement between our company and users of this website with respect to its use.

LAW AND JURISDICTION

The parties agree that any dispute arising out of or in connection with these Terms and Conditions shall be subject to the laws of the State of New York and will be construed in accordance with them, without giving effect to any choice of law or conflict of law provisions. If such dispute is not subject to binding arbitration, both parties irrevocably submit to the exclusive jurisdiction of the federal and state courts located in and serving Brooklyn, New York, as the legal forum for the resolution of any such dispute.

CONSENT

By accessing and using our website, you are acknowledging and agreeing to comply with our Terms and Conditions of Use and Privacy Policy. If you have any questions or require further clarification regarding these policies, please do not hesitate to contact us at embodyvitalityconsulting@gmail.com.

All rights that are not explicitly granted in these Terms and Conditions of Use and Privacy Policy or any written agreement are reserved by the Company.

SEVERABILITY

In the event that any provision of these Terms and Conditions of Use and Privacy Policy is held to be illegal or unenforceable, the remaining provisions shall remain in full force and effect.

CONTACT INFORMATION
If you have any inquiries or concerns regarding any provision of these Terms of Use, please do not hesitate to reach out to us at embodyvitalityconsulting@gmail.com.

Privacy Policy

Last Updated on May 9, 2023

At Embody Vitality, we highly value Your privacy and are committed to safeguarding it. Our Privacy Policy aims to outline how we collect, use, disclose, and protect Your personal information when You use Our website, purchase Our products or services, or interact with us on social media. This Policy also details Your rights in relation to Your personal information that we collect.

We urge You to review this Privacy Policy carefully. We will notify You of any changes to this Policy by updating the "last updated" date at the top of this page. Any updates to this Policy will become effective immediately upon being posted on Our website, and Your continued use of Our website indicates Your acceptance of any revisions made. We recommend that You periodically review this Privacy Policy when using Our website or engaging with us on social media.

COLLECTION OF INFORMATION

At Embody Vitality, we recognize the importance of protecting your privacy. This Privacy Policy serves to explain how we collect, use, disclose, and protect the personal information you provide to us when accessing our website, purchasing our products or services, or engaging with us on social media. By accepting this Privacy Policy, you explicitly consent to the collection, use, processing, and sharing of the information described below with third-party processors as necessary for our legitimate business interests.

The types of information we collect include Personal Data, which is information that can be used to identify you specifically, such as your name, shipping address, email address, telephone number, or demographic information such as your age, gender, or hometown. You provide this information voluntarily by registering on our website, making purchases, or participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Please note that refusing to provide this information may limit your access to certain benefits on our website or prevent you from making purchases.

We also collect Derivative Data, which refers to information 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 use a mobile application, our servers may collect information about your device name and type, phone number, country of origin, and other interactions with our application. Derivative data may also include information collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Please note that derivative data collected by third-party service providers generally does not identify a specific individual.

We collect Financial Data, which refers to data related to your payment method, such as credit card or bank transfer details. We collect financial data to facilitate purchases, orders, returns, or exchanges of products or services from our website or any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processor, SamCart, PayPal, or Stripe. We encourage you to review these processors’ Privacy Policy to determine how they use, disclose, and protect your financial data.

Additionally, we may access Personal Information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat, 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 adjust your privacy settings on the specific social networking site.

If you use our website via a mobile device or app, we may collect Mobile Device Data, which includes information about your mobile device, such as device ID, model and manufacturer, and location information.

Finally, you may provide us with Other Data, such as information 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 information in exchange for entry into such a contest or giveaway.

We encourage you to carefully review this Privacy Policy, as we will indicate any modifications to it by updating the “last updated” date at the top of this page. Any revisions to this Policy become effective immediately upon being published on our website, and your continued use of our website constitutes your acceptance of any changes to this Policy. If you have any questions about this Privacy Policy or our practices, please feel free to contact us at embodyvitalityconsulting@gmail.com.

HOW WE USE YOUR INFORMATION

Embody Vitality utilizes the information and data collected in accordance with our Privacy Policy for a variety of purposes, which include:

Creating and administering your account;
Delivering any products or services purchased by you;
Corresponding with you;
Processing payments or refunds;
Contacting you about new offerings that we believe may be of interest to you;
Interacting with you via social media;
Sending you newsletters or other updates about our company or website;
Delivering targeted advertising;
Requesting feedback from you;
Notifying you of updates to our product and service offerings;
Resolving disputes and troubleshooting any problems;
Administering contests or giveaways;
Generating a personalized profile for you to improve future interactions with our website;
Compiling anonymous statistical data for our own or a third party’s use;
Assisting law enforcement when necessary;
Preventing fraudulent activity on our website or mobile app; and
Analyzing trends to improve our website and offerings.

We store and may transmit your data to a third party for processing, as necessary to fulfill our legitimate business interests. This includes providing you with the ability to purchase our products or services, and engage with our website or mobile app. Rest assured that we take appropriate measures to ensure that your data is handled in accordance with applicable data protection laws and regulations.

GROUNDS FOR USING AND PROCESSING YOUR DATA

At Embody Vitality, the information we collect and store serves the primary purpose of facilitating the sale of our goods and services. Additionally, we may collect, use, and process your information based on the following legal grounds:

LEGITIMATE BUSINESS INTERESTS

At Embody Vitality, we process and use Your data primarily for the legitimate interests of Our business, such as communicating with You, improving Our products or services, enhancing Our website, and providing the information or goods You have requested. Additionally, We may process Your data for the following legal grounds:

Execution of Contract: We may process Your information to fulfill Our contractual obligations to You.

Consent: We may process Your data, or permit selected third parties to use Your data, with Your explicit consent. However, withdrawing Your consent may limit Your access to Our website or other services.

Legal Compliance: We may process Your data as necessary to fulfill Our legal obligations.

WHY WE DISCLOSE YOUR INFORMATION

Under certain circumstances, it may be necessary for us to share your information with third parties. This may include disclosing your data to third-party processors who provide services that support our legitimate business interests, such as website and account administration, communicating with you, taking orders for goods and services, delivering our goods and services, identifying trends, protecting our company and website security, and marketing additional goods and services to you. Our legal basis for disclosing your data is your consent to this privacy policy and our right to protect and promote our legitimate business interests.

The reasons we may share your information are as follows:

We may share your information with third-party processors who assist us in a variety of tasks, such as payment processing, hosting services, email delivery, communications, and customer service. We only disclose these third-party processors when required by law, and we do not permit them to use or disclose your personal information except as necessary to provide their services to us.

We may disclose 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.

We may use your information to protect our company, including investigating and remedying 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.

In the unlikely event that our company engages in a merger, acquisition, bankruptcy proceedings, dissolution, reorganization, or similar transaction or proceeding, we may transfer or share your data as part of that proceeding. In such transitions, customer information is one of the business assets that is acquired by a third party. You acknowledge that such business transfers may occur and that your personal information can continue to be stored, used, or processed as otherwise set forth in this privacy policy.

We may disclose your information to certain third parties listed on our website for the purpose of enabling them to contact you and offer you relevant goods and services. Additionally, we may use third-party advertising companies to run and manage our ads on Facebook, Instagram, and Pinterest. These companies may use information about your visit to our website and other websites to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of such other advertisers or websites. You should consult the respective privacy policies of these third-party advertisers for more detailed information on their practices and instructions on how to opt-out of certain practices.

Our Position on Automated Browser Signals: Please be advised that we do not currently acknowledge automated browser signals relating to tracking systems, which may include "do not track" requests.

Other Third-Party Sharing: We may share your information with advertisers, investors, or other third parties to carry out general business analyses. If required by law, we will endeavor to notify you of such sharing.

Interaction with Other Users: If you interact with other users on our website or mobile app, such as by participating in a group chat or taking a group online course, other users may access some of your data, including your name, profile picture, and your history of interactions with our website, such as previous comments or posts.

Online Posts: When you make online posts, your comments may be visible to others, and we may share them outside of our website.

External Links: Our website may contain hyperlinks to other websites that we do not control.

WEBSITE ANALYTICS

We reserve the right to establish partnerships with third-party analytic companies, such as Google Analytics, to analyze visitors’ use of our website or mobile app. The purpose of this analysis is to determine the popularity of content and better understand online activity. These third-party vendors may use cookies or other tracking technologies, as previously described, to perform their analytic services. It is important to note that we do not share personal information with these third-party vendors.

By accessing our website, you are consenting to the collection and use of your information by these third-party analytic companies. We recommend that you review the Privacy Policy of these third-party vendors and contact them directly with any questions or concerns.

If you do not want any information to be collected or used by tracking technologies, you can use the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

To opt-out of having your activity on our website made available to Google Analytics, you may install the Google Analytics opt-out browser add-on. This add-on prevents Google Analytics from retrieving information about your visits to our website. For further information on Google's Privacy Policy, please visit https://policies.google.com/privacy.

To opt-out of Facebook's interest-based ads, please visit www.facebook.com/help/. You can find additional information about Facebook's Privacy Policy at www.facebook.com/full_data_use_policy.

PROCESSING YOUR INFORMATION

As a part of our normal business operations, we frequently engage third-party processors to handle the processing of your information. For instance, when you make a payment through PayPal, they act as a third-party processor to manage the payment transaction and remit the funds to us. As a result, it may be necessary for us to share your information with third-party processors since we do not have the capability to perform these functions on our own. Further information on third-party processing is provided below.

On occasion, we may also process your data internally. The legal basis for such processing typically includes your consent, our legitimate business interests, or our legal obligations. If we do engage in such processing, it is for the purposes of administering, maintaining, and enhancing our website and offerings, entering into contracts with you and fulfilling the terms of those contracts, maintaining transaction and interaction records, providing goods and services, complying with legal obligations, seeking professional advice, and protecting the rights and interests of our company, our customers (including you), and any third parties. The data that we may process includes but is not limited to the following:

Account-related information, such as your name, address, email address, and payment information.
Information related to your usage of our website, such as your IP address, geographical information, and browsing activity.
Personal profile information, such as your name, address, profile picture, interests and hobbies, or employment details.
Information that you provide to us in the course of using our services.
Information that you post on our website, such as comments or responses to blogs.
Information that you submit to us when making an inquiry about our website or offerings.
Information related to your transactions with us, including your purchase of our goods or services, which may include contact details and payment information.
Information that you provide to us when subscribing to our emails or newsletters, including your email address and contact information.
Information that you submit to us via correspondence, such as when emailing us with questions.
Any other information identified in this policy, for the purpose of complying with our legal obligations or protecting the vital interests of you or any other natural person.

INTERNATIONAL DATA

Our website is hosted on servers located in the United States, which means that if you reside outside of the U.S., some of your data will be transferred internationally to and stored on those servers. Additionally, we may engage third-party processors, including payment processors and subcontractors, located in the U.S. We take all reasonable measures to ensure the security of your data during transfer, including hosting our website on reputable servers and engaging reputable third-party processors. By providing us with your information and using our website, you consent to the transfer, processing, and storage of your information in the U.S. However, please note that the privacy laws in the U.S. may not be as strict as those in other countries.

It is important to note that we may transfer data collected from you to locations outside of our headquarters for processing or storing, and such data may be processed by our staff or by third-party processors. For instance, we may engage third parties to fulfill orders. By submitting your personal data, you agree to this transfer, storage, and processing. We take all reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

To ensure that your data is kept safe, any data provided to us is stored on secure servers, and payment information and other sensitive data will be encrypted. However, please be aware that the transmission of data via the internet is never completely secure, and we cannot guarantee the security of data that is sent to us electronically. Therefore, the transmission of data to us is done at your own risk.

If you have password-protected data that you have transmitted to us, it is your responsibility to keep the password confidential. You are solely responsible for any breaches of your data that result from your own disclosure of or failure to protect your password.

DATA RETENTION

As part of our legal obligations and legitimate business purposes, we retain personal data for as long as necessary. This means that we keep data until you request us to delete it or until we are required by law to do so. For instance, we keep personal information indefinitely to maintain your account unless you delete it. However, data collected for specific purposes, such as assisting law enforcement or analyzing trends, will be kept for no longer than is necessary for that specific purpose. Personal data that is no longer needed will be permanently deleted.

We will comply with your request to delete your data unless the law requires us to maintain access to it. Please note, however, that we cannot control the retention policies of third parties to whom we have transmitted your data. If you want to have such data deleted by those third parties, you must contact them directly. If you would like to know the third parties to whom we have transmitted your data, please request a list from us.

We may retain usage data, which refers to data collected by our company or third-party analytics companies for analyzing the use of our website, for internal analysis purposes. This type of data is usually retained for a shorter period of time than personal data, unless it is necessary to improve the security or functionality of our website or offerings, or if we are legally required to retain it for a longer period.

SECURITY OF YOUR INFORMATION

We take the protection and confidentiality of your personal data seriously, and we implement reasonable measures to safeguard it. Our company utilizes secure online payment systems and adheres to widely accepted security standards to prevent the loss or misuse of personal data. However, please note that no security measure is completely foolproof, and it is not always possible to prevent unauthorized interception or misuse of data transmission. Thus, we cannot guarantee complete security of any information transmitted to us. By agreeing to this Privacy Policy, you understand and accept that your personal data may be transmitted across the globe via the internet, and we have no control over how other parties handle your data.

If we become aware of any security breach of our systems or a breach of your personal data that could potentially harm you, we will notify you promptly.

MINORS

Our website or mobile app is intended solely for individuals who have reached the age of consent in their respective countries. We do not knowingly collect personal data from individuals who have not yet reached the age of consent. If you are below the age of consent in your country, you are not authorized to use our website, products, or services. If you believe we have inadvertently collected personal data from an individual who has not reached the age of consent, please notify us immediately so that we can delete the data.

SENSITIVE DATA

We ask that you refrain from disclosing sensitive data, such as social security numbers, health information, genetic data, or details about your ethnicity, religion, or criminal history, through public postings, email correspondence, or any other means of communication. If you do provide such information to us, you acknowledge and agree that your submission constitutes consent to our use, storage, and processing of that sensitive data in accordance with this Privacy Policy.

YOUR RIGHTS

You have certain rights with regard to your personal data, which are outlined below. Please note that we may charge a reasonable fee for fulfilling any requests related to your data. Additionally, before we take any such actions, we reserve the right to ask you for proof of your identity. We also reserve the right to restrict or deny your data rights if they conflict with our legitimate business interests, the public interest, or applicable laws.

UPDATING ACCOUNT INFORMATION

As the data subject, you have the right to access and correct any of your personal information that we hold. If you wish to update or delete your information, please contact us at the email address provided: embodyvitalityconsulting@gmail.com.

Confirming Personal Data and Its Use:

As an individual, you have the right to request confirmation of the data that we hold about you and the purpose for which we use it. Additionally, you have the right to seek confirmation on whether we process your data or provide your data to third-party processors, and the purpose of such processing. We will provide you with copies of your personal data, except when doing so would infringe on the rights and freedoms of other individuals.

Change of Consent:

If you wish to change your consent to our use of your information, we may require you to delete your account with us, as described above, and you may not have full access to our website.

Requesting 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, and subsequent requests may incur a reasonable fee.

Emails and Communications:

You may opt-out of receiving future email correspondence from us by checking the appropriate box when you register for an account or make a purchase. You may also change your communication settings by contacting us at embodyvitalityconsulting@gmail.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 so by contacting us at embodyvitalityconsulting@gmail.com.

Complaints:

If you are an EU resident, you have the right to lodge a complaint with a supervisory authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law. You may do so in the EU member state in which you reside or have your place of business or in which the alleged infringement took place. If you are located outside the EU, you may have rights under privacy laws in the jurisdiction where you live.

California Privacy Rights:

The State of California has implemented its own set of regulations that exclusively apply to California residents. As of January 1, 2020, we have implemented compliance with the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. (CCPA).

Any California resident may request, free of charge, the personal information that we have collected or stored about themselves or about a member of their household. For security reasons, we reserve the right to ask for verification of your identity and proof of your California residency when you make a request.

Any California resident has the right to request their personal data that we have collected, or request for deletion of the personal data that we have collected, including but not limited to:

Personally identifying information such as name, alias(es), mailing or residential address, IP address, email address, account name, biometrics, or any other data that could uniquely identify a California resident;
Commercial information such as products or services purchased, obtained, or considered, search history, interactions with our website, or any other browsing or purchasing history of our site and/or offer(s);
Public or private site comments;
Geolocation data;
Professional or employment-related information;
Education information.

We reserve the right to collect any of the above data on California residents and their households.

We do not intend to sell your data. Nonetheless, any California resident may send us an email at embodyvitalityconsulting@gmail.com to explicitly opt-out of any sale of data.

California residents may also opt to request the deletion of their account and any data that we have collected and associated with them.

We commit to complying with any data request or deletion made in accordance with the CCPA in a reasonable timeframe during normal business hours and excluding holidays or our pre-scheduled time off.

Newsletter Privacy:

We offer you the choice to voluntarily provide us with certain personal information, including your name and email address, which we may use for email and marketing purposes. You have the right to opt-out of receiving future communications by email, however, we reserve the right to retain a record of previous email subscribers. We may use this information as necessary for our business operations and in accordance with relevant laws. Third parties that are reasonably necessary for the regular conduct of our business, such as Facebook and Google Pay Per Click marketing campaigns, may have access to your information.

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