CONFIDENTIALITY NOTICE
ATTENTIVELY PERUSE THIS CONFIDENTIALITY NOTICE before ACCESSING AND UTILIZING THIS SITE
CONFIDENTIALITY NOTICE AGREEMENT
The digital platform www.sherylmarcinek.com ("Site") and its associated contents are the properties of Sheryl Marcinek Coaching & Consulting Inc ("Organization", "we", or "us"). The phrase “you” designates the user and/or visitor of this Site accepting and recognizing to adhere to the following clauses of this Confidentiality Notice, and any information that you share or provide to the Organization is governed by this Confidentiality Notice.
The goal of this Confidentiality Notice is to enlighten you about how we gather, employ, manage, and disseminate your personal information as defined within the clauses of this Confidentiality Notice. We pledge not to utilize or disclose your information with anyone except as delineated in this Confidentiality Notice. The utilization of information gathered via our Site will be confined to the purposes under this Confidentiality Notice and also our Terms of Use, if applicable.
The handling of any personal information or contribution that you provide to us, or which is gathered by us on or through our Site or its content, is regulated by this Confidentiality Notice. By accessing our Site or its content, you are giving consent to this Confidentiality Notice, irrespective of whether you have read it or not.
DATA WE GATHER
Personal data gathered comprises that which you willingly provide by "opting in" to receive a complimentary resource, subscribing to our email list or newsletter, purchasing a product or service, or reaching out to us via our website, as well as all data automatically gathered from your activity on our Site.
Personal data we gather may encompass, but is not limited to, the following: Name(s), email address(es), phone number, billing data, physical address(es), PO Box data, credit card data (“Personal information” and “Personal data”).
This data may be gathered via the following or for the following purposes, but not limited to: providing personal information to receive a free resource ("freebie") or newsletter, to buy an eBook, course(s) and/or program(s) for billing data so that we can fulfill our contractual duty to our payment processing software, via our contact form to ask a query, receive marketing emails or request a return email from a member of the Organization, or data received to gain information on a co-branded offer, program, or course.
Personal information gathered is shared with us willingly and, as such, you are providing us with your consent to use, gather and manage such personal information. If you opt not to provide us with specific Personal Data, you may not be able to partake in or access certain features of our Site or content.
You agree that whenever you willingly make your personal information accessible for viewing by others online via, but not confined to, this Site, its content, blog, commenting on such blog, posting or commenting on social media, within programs, coaching calls, it may be observed, gathered, and utilized by others. The Organization shall not be accountable for any unauthorized or improper utilization of the information you voluntarily share.
HOW WE GATHER & USE YOUR PERSONAL INFORMATION
You acknowledge that your decision to provide any information to us is discretionary and represents your clear consent to permit us to gather, manage, and store it.
Should you choose to “opt-in” to receive and should you wish to receive any freebies or other information, the Organization will request your personal information, you will share with us your personal information, we may gather such information that you provide, which may encompass, but is not limited to, your name, email address, and phone number.
Should you decide to fill out our contact form (like our “contact us” form/page) on our Site, or provide us with any other communication, including, but not limited to information provided via email, contact form, social media messaging, posts, text messages or social media comments, we may gather such information that you provide, which may include, but not limited to, your name, email address, phone number and any other information that is contained on your social media platform. It is the Organization's policy that this data is retained and processed merely as a means to communicate with you, address any questions/concerns, and in order to keep a record of such communication.
Should you decide to purchase any eBooks, courses, programs (group or one-on-one) or work privately with any members, employees or coaches of the Organization, in order to execute and finalize such purchase or sale of goods or services, the Organization will gather personal information including but not limited to your name, email address, billing address, credit card or payment information, and any other information necessary to finalize the purchase of the product or service you choose to buy. We will gather and manage this data to fulfill our contractual obligation to complete your order and will not retain the information any longer than necessary. We utilize third-party data processors to execute and finalize payment, and we will not retain nor have access to your payment information.
By willingly providing the Organization personal information on our blogs, social media pages, or any other online forum, we may use that personal information for any future marketing materials, promotional materials, targeted advertisements or testimonials. The Organization assures you that the use of such personal information for testimonials will require a separate document to be signed by the Organization and yourself.
Should you decide to be added to our email list or newsletter, we may use your data to send you targeted social media advertisements or use/upload your personal information into our social media account to create lookalike audiences. To ensure compliance with the CAN-SPAM act, all emails from us will clearly identify the sender of the email, as well as provide instructions on how to unsubscribe from our list or contact us with any questions or concerns.
The Organization may track your future interactions with our content, and use your personal information to keep you informed about the products and services you have elected to receive, as well as any related or similar products or services we think you may be interested in. The information will be gathered by us following your choice to manually enter it in and click to be added to our list. No such information will be gathered without your taking action to be added to our list, or in exchange for a free resource.
DATA GATHERING VIA AUTOMATED TECHNOLOGY ("COOKIES")
The Company has the ability to amass personal data via Automated Data Collection Technologies such as cookies offered by standard internet browsers. The Company does not store any personally identifiable information within cookies and does not use any other data collection methods on its Website apart from cookies, incorporating both session and persistent cookies.
You have the discretion to accept, reject or disable cookies through your browser's settings. Disabling this feature could potentially compromise your user experience on our Website, as some functionalities might not operate as anticipated. Our Website does not acknowledge Do Not Track requests from your browser.
Furthermore, we might collect information on how you interact with our Website, your browsing habits, computer specifications, IP address, internet connectivity, and other relevant choices you make. Tools such as Google Analytics and Facebook Pixels may be employed for statistical purposes, to enhance our website and offerings, and to ensure you receive pertinent information. If we use these tools, we adhere to the respective policies of these third-party companies. We may gain access to personal data from third-party entities including Google, social media platforms, search engines, Paypal, Stripe, and other payment processing firms.
Data from third parties like Google Analytics, Facebook, and other advertising platforms, along with technical or payment service providers, may also be received when necessary. We strive to engage only those third parties which comply with GDPR and LGPD, with whom we have either entered into a data processing agreement or whose data processing policies we have reviewed and confirmed to be in compliance.
The Company may disclose your personal information to reliable third parties for email communication, payment processing, advertisement running, and to our affiliates. The Company pledges not to distribute your personal data to third parties for a financial gain.
ANONYMOUS DATA COLLECTION AND USAGE
We may use your IP address to identify and rectify issues with our server and our Website's content to uphold the quality of our Website. While your IP address will not be used to identify you personally, it may be utilized for marketing purposes and for improving our services and Website performance. User activity data does not extend to any other websites. Anonymous traffic data may be shared with business associates and advertisers on a collective basis.
GENERAL DATA PROTECTION REGULATION ("GDPR")
The Company adheres to the European Union's General Data Protection Regulation ("GDPR") and confirms that we have justifiable reasons for processing the information gathered from you. If you share personal information via our "contact us" page or any other electronic means, we will process your data based on our legitimate interest to respond to inquiries. If you opt to receive communication from us by providing us with your name and email address in return for a free resource, training, eBook, webinar, or electronic product, or if you purchase any of our courses, programs, eBooks, or coaching packages, we will process your data for the collected purpose based on your explicit consent. You may withdraw consent at any time by contacting us at support@sherylmarcinek.com to edit, update, or delete your information. We do not gather any sensitive data or any data pertaining to criminal offenses or convictions.
GENERAL LAW FOR THE PROTECTION OF PERSONAL DATA ("LGPD")
The Company complies with Brazil’s Lei Geral de Proteção de Dados Pessoais ("LGPD") and confirms that we have lawful grounds for processing the information collected from you. The Company has appointed a Controller, Operator, and Officer who oversees the Company’s data processing. If you provide personal information or make a request via the "contact us" page or through any other electronic means, we will process your data based on our legitimate interest to respond to inquiries. We do not gather any sensitive data or any data concerning criminal offenses or convictions. If you want to verify the existence of your personal data in our database, please contact support@sherylmarcinek.com to:
- Confirm the existence of data;
- Gain access to the data;
- Correct any incomplete, inaccurate or outdated data;
- Anonymize, block or eliminate any unnecessary, excessive or non-compliant data;
- Request data portability to another service or product provider, adhering to commercial and industrial secrets, and in accordance with the regulations of the controlling body and national authority regulations;
- Delete personal data processed with your consent, except in circumstances outlined in Article 16 of the law;
- Get information about public and private entities with whom the Company’s Controller has shared data;
- Be informed about the possibility of declining consent and the consequences of such refusal;
- Revoke or withdraw consent at any time.
INFORMATION STORAGE AND SHARING PROCEDURES
The Company uses a data management system to store and process personal data, ensuring all collected data remains confidential through significant and suitable measures. The reasons for which the Company might share personal and confidential data are limited, and may include tasks such as billing processing, website technical support, and for legal or accounting necessities by our team members, employees, or management. The Company commits to keeping the shared information confidential, with no unrelated parties having access. Your information will not be sold, shared, or given to another company or individual without your consent, apart from fulfilling a purchase or request you have made or unless legally or governmentally obligated. We ensure third parties that have access to your personal data handle it according to the law and use it only for essential and specific purposes.
The Company employs a third-party data processor for storing data like names and email addresses in our email list. We've ensured to the best of our abilities that these third-party data processors comply with the General Data Protection Regulations.
In circumstances where the Company must disclose personal information as per legal requirements, or when there's a bona fide belief that such disclosure is necessary to protect the Company's rights, Website, or any member of our Company, we will do so. This also applies when there is a violation of our Privacy Policy, Terms of Conditions, or Website Disclosure, in order to prevent potential crimes, or protect the rights or safety of other users or the public.
The Website, and the servers that make it globally accessible, operate within the United States under the jurisdiction of United States and California laws pertaining to internet content. However, it also respects the principles of the General Data Protection Regulation (GDPR) and the General Law for the Protection of Personal Data (LGPD) for EU residents. Any information you provide through this website, including subscribing to a newsletter or purchasing, will be transferred to the United States for processing. This data may then be transferred within or outside the United States depending on its nature and how we store it. If transferred to another country, the data protection laws might not be as comprehensive as your country of residence, but our Privacy Policy will govern our collection, storage, and use of your Personal Information. By visiting our Website, you acknowledge this, and by providing any personal information, you authorize this transfer and processing of information.
The Company reserves the right to share personal information in the event of a Company sale or with joint venture partners or affiliate marketers if we deem it necessary. We will always take all reasonable measures to protect and safeguard your information.
We retain only the minimum amount of Personal information needed for the minimum amount of time necessary to provide you with the information or services you requested. We may include certain Personal Data for longer periods of time if necessary for legal, contractual, and accounting obligations. If at any point you choose to be removed from our database, your information will be deleted, and no longer retained.
PROTECTION OF PASSWORD AND USAGE
The Company may require you to create a username and password to use certain features of the Website or its content. The responsibility of maintaining the confidentiality of your username and password rests with you. The Company is not liable for any loss or damage arising from your failure to protect your username, password, or account information. If you share your username or password with others, they might obtain access to your Personal Data at your own risk.
If there's any unauthorized or improper use of your username or password, or any breach of security, you should immediately notify the Company by sending an email to support@sherylmarcinek.com. The Company recommends logging out of each session to protect against unauthorized or improper use.
The Company will do its utmost to maintain the confidentiality and privacy of your username(s) and password(s) and won't share such information without your consent unless legally required.
DATA PROTECTION, CONFIDENTIALITY, AND SECURITY
The Company uses commercially reasonable methods to safeguard all personal information, whether provided voluntarily or collected automatically, by using online security measures, and by working with reputable third-party vendors that are compliant with generally accepted security and safety measures. Despite our efforts, we cannot guarantee complete protection of all personal information. However, if a data breach occurs, we will notify the necessary parties with as much information as we have available in a timely manner.
While we strive to protect the information we collect and prevent unauthorized access or disclosure, we cannot be held responsible if an unauthorized third party obtains access to our information without our consent. If our website is tampered with, your personal information may be accessed by these unauthorized parties. You agree that we are not responsible for such actions and acknowledge you will hold us harmless if your information is intercepted in this way without our knowledge, permission, or consent.
YOUR RIGHT TO ACCESS, CONTROL, RESTRICT, DELETE, UPDATE PERSONAL INFORMATION AND UNSUBSCRIBE
The Company is committed to respecting your rights in terms of your personal data. We always provide you with an option to opt-out of our communications in compliance with the CAN-SPAM Act of 2003 and never send out misleading information. We won't sell, rent or share your email address.
At all times, the Company recognizes your right to amend, update, or delete your personal information from our database. You can click "unsubscribe" at the bottom of any email the Company sends to you or contact us at support@sherylmarcinek.com.
THIRD-PARTY WEBSITES
The Website may contain links to third-party websites. The Company is not responsible or liable for the content, activities, or data privacy of third-party websites. We advise reviewing their privacy policies to ensure your personal information is used and protected to your satisfaction.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE (COPPA)
The Website is intended for individuals aged 18 years and older. The Company doesn't knowingly collect any information from anyone under 18 years of age and complies with the Children’s Online Privacy Protection Act and the General Data Protection Regulation of the European Union. If we learn that we have collected or received personal information from a minor under 18, we will delete this information or attempt to obtain parental consent. Please notify us immediately at support@sherylmarcinek.com if you believe we may have unknowingly collected data from a minor.
NOTIFICATION OF CHANGES
We may use your Personal information to inform you of changes to the Website or request additional information. We reserve the right to modify the Website, its content, and this Privacy Policy at our discretion. Any changes will take effect immediately upon posting our updated Privacy Policy. We encourage periodic review of this Privacy Policy. Continued use of the information obtained through or on the Website following the posting of changes constitutes acceptance of the revised Privacy Policy. In the case of a significant change to our Privacy Policy, we will notify you via email or a prominent note on our Website.
Please contact us at support@sherylmarcinek.com if you have any questions regarding this Privacy Policy, your rights contained herein, or would like to review, update, or remove your personal information.
Last Updated: August 3, 2023