Ann Babiarz & Associates, LLC
PRIVACY POLICY
Effective November 15, 2019
INTRODUCTION
This privacy notice provides you with details of how we collect and process your personal data through your use of our sites: www.annbabiarz.com and annbabiarz.coachesconsole.com.
Please read this Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your personally Identifiable Information in accordance with our website.
The terms, conditions and privacy policy govern your use of the website: annbabiarz.com (“website”). When you access the website, you acknowledge that you accept the terms, conditions and privacy policy.
Each time you use the website you accept any changes made prior to such access. Consult the terms, conditions and privacy policy at each use of the website.
USE
You agree that you are at least 18 years old. Use by any person under this age is prohibited at any time. Any passwords given you are for your personal use only, are not to be distributed or given to any other, and are your sole and personal responsibility to maintain in a secure manner.
By using this website, you indicate your acceptance of all terms of this Privacy Policy. If you do not agree to this policy, please do not use our websites. Your continued use of any Ann Babiarz & Associates, LLC website following the posting of changes to these terms indicates your acceptance of those changes.
Ann Babiarz & Associates, LLC is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this Privacy Policy).
We have appointed a Data Protection Officer who is in charge of privacy related matters for us. If you have any questions about this privacy notice, please contact the Data Protection Officer using the details set out below:
CONTACT DETAILS
Full name of legal entity: Ann Babiarz & Associates, LLC
Name of our Data Protection Officer: Ann Babiarz
Email address: ann@annbabiarz.com
Postal address: 8073 Chianti Lane, Naples, FL 34114
Phone number: 847-331-4706
TYPES OF PERSONAL INFORMATION WE COLLECT ABOUT YOU
Personally Identifiable Information means any information capable of identifying an individual. It does not include anonymized data.
We may process the following categories of Personally Identifiable Information about you:
LOGS AND ANALYTICS
As is true with most websites and services delivered over the Internet, we gather certain information and store it in log files when you interact with our website and services. This information includes internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, and system configuration information.
We collect analytics information when you use the website to help us improve the website and the services we provide. We may also share anonymous data about your actions on our website with third-party service providers of analytics services.
COOKIES AND OTHER TRACKING TECHNOLOGIES
We and our authorized partners may use cookies and other information gathering technologies for a variety of purposes. These technologies may provide us with personal information, information about devices and networks you utilize to access our website, and other information regarding your interactions with our website.
We use cookies to provide you the ability to purchase and securely access our products and services. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
Web beacons, tags and scripts may be used on our Websites or in email or other electronic communications we send to you. These assist us in delivering cookies, counting visits to our Websites, understanding usage and campaign effectiveness and determining whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our third-party service providers on an individual and aggregated basis.
INFORMATION THAT YOU PROVIDE US
We collect information you send us through various channels of communications such as: website forms, social media pages, email or text.
If you request to receive information or contact us by signing up through our website forms you will be required to provide information such as your name, email and phone number.
If you purchase a product or service from us, we request certain personal information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card information and expiration date). We use this information for billing purposes, to fill your orders and to keep records of such transactions. If we have trouble processing an order we will use this information to contact you.
SENSITIVE DATA
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, criminal convictions and offences, information about your health and genetic and biometric data.
GOOGLE ANALYTICS
We use Google Analytics Advertiser Features to optimize our business. Advertiser features include:
- Remarketing with Google Analytics
- Google Display Network Impression Reporting
- DoubleClick Platform Integrations
- Google Analytics Demographics and Interest Reporting
By enabling these Google Analytics Display features, we are required to notify our website visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our website. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion, with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our website, and match the right audience with the right advertising message.
You can opt out of Google’s use of cookies by visiting Google’s ad settings, and you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.
WHAT WE DO WITH YOUR INFORMATION
We may use the information we collect about you (including personal information, to the extent applicable) for a variety of purposes, including to:
- provide, operate, maintain, improve, and promote our products and services;
- enable you to access and use our services;
- process and complete transactions, and send you related information, including purchase confirmations and invoices;
- send transactional messages, including responses to your comments, questions, and requests; provide customer service, support and administrative messages;
- send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events; and provide other news or information about us and our partners. You can opt-out of receiving marketing communications from us by contacting us at ann@annbabiarz.com or following the unsubscribe instructions included in our marketing communications; monitor and analyze trends, usage, and activities in connection with the website and services and for marketing or advertising purposes;
- investigate and prevent fraudulent transactions, unauthorized access to our services and other illegal activities;
- personalize the website and services, including by providing features or advertisements that match your interests and preferences; and
- for other purposes for which we obtain your consent.
DISCLOSURES OF YOUR PERSONAL INFORMATION
As a general rule, we will NOT share, sell, rent or trade your datawith third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs.
We may, in our sole discretion, provide information about you as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.
Although we do not disclose individually identifiable information, we may disclose aggregate data about our website’s visitors to advertisers or other third parties for marketing and promotional purposes.
We share information, including personal information, with our third-party service providers that we use to provide hosting for and maintenance of our website, application development, backup, storage, payment processing, analytics and other services for us. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.
If we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred. You will be notified via email and/or prominent notice on our website for 30 days of any such change in ownership or control of your personal information.
CONTENT SUBMITTED TO COMPANY OR WEBSITE
You warrant that you own any content you submit to the company or the website, and have the authority to provide this to us. You grant the company a perpetual, royalty-free worldwide license to use, modify or derive other works from materials, ideas, information and other content you provide.
You agree not to submit any content that is obscene or pornographic, encourages the commission of a crime, violates any US, state, or local laws, or is an infringement upon another’s intellectual property rights.
The company and the website reserve the right to remove content that is not in compliance with the foregoing or which is inappropriate, in the company’s sole and absolute discretion, without any notice to you. The company and website also reserve the right to cooperate with appropriate law enforcement or governmental officials investigating a crime or lawsuit, and you will hold the company and the website harmless from any consequences taken in connection with same.
HOW LONG WE RETAIN YOUR PERSONAL INFORMATION
We will retain your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
INTERNATIONAL TRANSFERS
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
- We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
- Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
- If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
When you enter sensitive information (such as a credit card number) on order forms that are hosted by our PCI compliant third-party service providers, the transmission of that information is encrypted using secure socket layer technology (SSL).
ADDITIONAL RIGHTS FOR EEA AND CERTAIN OTHER TERRITORIES:
If you are from certain territories (such as the EEA), you may have the right to exercise additional rights available to you under applicable laws, including:
- Right of erasure: In certain circumstances, you may have a broader right to erasure of personal information that we hold about you – for example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
- Right to object to processing: You may have the right to request that we stop processing your personal information and/or to stop sending you marketing communications.
- Right to restrict processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is inaccurate or unlawfully held).
- Right to data portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.
If you would like to exercise such rights, please contact us at ann@annbabiarz.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. A list of contact details for the EU data protection authorities is available here.
LEGAL BASIS FOR PROCESSING (EEA ONLY)
If you are an individual from the European Economic Area (EEA), our legal basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where:
(a) we have your consent to do so,
(b) where we need the personal information to perform a contract with you (e.g. to deliver the Services you have requested), or
(c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person.
Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on your consent before its withdrawal.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our (or a third party’s) legitimate interests which are not already described in this notice, we will make clear to you at the relevant time what those legitimate interests are.
If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at ann@annbabiarz.com.
LINKS TO OTHER SITES
The website may have links to other sites contained on the Internet. We do not endorse any other site by virtue of providing a link, as these sites are not under the control of the company or website, and you agree that the company and website are not responsible for any of the content contained within sites to which links are provided.
Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our website and to read the privacy policies of each and every website that collects personal information.
This Policy applies only to information collected by our website.
INTELLECTUAL PROPERTY
All the content on the website is protected by copyright, and as such, unless you receive specific written authorization by an authorized representative of the company, you may not license, sell, distribute, copy, transmit in electronic form, display for the public, republish, edit or adapt, or create derivative works from anything contained on the website.
INDEMNIFICATION
If you violate any of the terms, conditions and privacy policy, or misuse the website, upon demand by the company, you will agree to indemnify and hold the company harmless, including company’s employees, contractors, officers and directors, from all claims, expenses and liabilities, including reasonable attorneys fees.
DISCLAIMER AND LITIGATION
THE CONTENT, MATERIALS AND SERVICES AVAILABLE THROUGH THE COMPANY AND THE WEBSITE ARE PROVIDED “AS IS”. THE COMPANY AND WEBSITE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, INCLUDING EXPRESS OR IMPLIED, AND NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND WEBSITE DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT ANY ERRORS WILL BE CORRECTED, OR THAT CONTENT IS FREE OF OTHER HARMFUL COMPONENTS SUCH AS VIRUSES. USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
NEITHER THE COMPANY, THE WEBSITE, NOR ANY OF ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR CONTRACTORS, SHALL BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER BASIS.
POLICY CHANGES
Thefollowing terms, conditions and privacy policy can be changed by Ann Babiarz and Associates, LLC (“company”) at any time or times and in our sole and absolute discretion, without further notice. We may update this Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Any questions or concerns about this policy should be brought to our attention by sending an email to ann@annbabiarz.com and providing us with information relating to your concern.
MISCELLANEOUS
This is the entire agreement between you, and the company and website. If anything contained in these terms, conditions and privacy policy is held invalid or unenforceable by a court or agency of competent jurisdiction, the remaining provisions shall be in full force and effect.
This terms, conditions and privacy policy is governed by and construed under the laws of the state of Florida, without giving effect to the choice of law provisions of said state. To resolve any dispute arising under the terms, conditions and privacy policy, you consent to binding arbitration within the state of Florida, pursuant to said state’s laws.