TERMS OF SERVICE AND PRIVACY POLICY

Terms of Service

By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Wendy White.

Intellectual Property

This website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, and email materials from this website for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from this website for commercial purposes. Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.

Use of the Website

If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Wendy White a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Wendy White a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Wendy White does not claim any ownership rights in your materials.

Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website. You participate, comment, and post material on this website at your own risk. Any communication by you on this website, whether by leaving a comment, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

Wendy White in her discretion, may delete or modify, in whole or part, any post, comment or submission to this website. Wendy White does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Wendy White neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. Wendy White shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.

You are strictly forbidden from the following:

• Causing damage to this website
• Using this website for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from this website
• Sharing private and proprietary information from online courses with anyone else

Wendy White may, without notice, refuse access to this website, in whole or part, to any person that fails to comply with these Terms.

This website provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Wendy White disclaims any liability for your reliance on any opinions or advice contained in this website.

Third Party Resources

Any links to third-party products, services, or sites are subject to separate terms and conditions. Wendy White is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Wendy White may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

No Warranty or Liability

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WENDY WHITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WENDY WHITE DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WENDY WHITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.

Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Vermont without giving effect to its conflict of laws. The nearest state and federal court to Middlebury, VT shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
Wendy White controls and operates this website from offices in the United States. Wendy White does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Modification of these Terms

Wendy White may change, modify or update these Terms at any time without notice. Any access or use of this website by you after Wendy Whitem posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact Wendy White

Indemnification

You agree to defend, indemnify and hold harmless Wendy White and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this website in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this website, (iv) your use of materials or features available on this website (except to the extent a claim is based upon infringement of a third-party right by materials created by Wendy White or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Disclosure Policy

This website is a written and edited by Wendy White. Wendy White does not accept cash advertising, sponsorships, paid insertions, or complimentary products. Wendy White does not have relationships that might present a conflict of interest or influence the content of this website.

Privacy Policy

Your privacy is important to Wendy White. Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

1. Who We Are

Wendy White collects, uses and is responsible for certain personal information about you.

2. Children’s Online Privacy Protection Act

This website and any products and services offered herein are not intended for persons under the age of 13. Wendy White does not knowingly collect information from anyone under 13 years of age . Wendy White prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Wendy White will not knowingly collect personally identifiable information from children under 13. If Wendy White learns it has any information or content from anyone under the age of 13, it will delete that information.

3. The Personal Information We Collect and Use

a. Information Collected by Us

Wendy White may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages or groups (whether hosted on wendywhite.com or a third-party website such as Facebook), or otherwise contact Wendy White via an online form or e-mail. The information collected may include name, e-mail, address, billing information, business and personal information. You are not required to provide any personally identifiable information to merely access or visit this website.

Wendy White may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website performance, track user patterns, save information from your previous visits and customize your experience.

We will ask for your consent to allow us to use cookies. Wendy White or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. Wendy White’s systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet.

If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.

b. Information Collected from Other Sources

We also obtain personal information from other sources, such as our client management tool Active Campaign, payment processor Paypal, scheduling tool Schedule Once, e-signing tool HelloSign, question tool Typeform, landing page tool Leadpages, systems integration tool Zapier, and Facebook, Google, and LinkedIn.

c. How We Use Your Personal Information

Wendy White collects such information in order to send e-mails, deliver services and products, complete customer transactions, oversee contests and promotions, and improve website performance and customer service.

d. Who We Share Your Personal Information With

Wendy White respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.

We do, however, share information, including name, e-mail, address, billing information, business and personal information with our third-party suppliers. Our current third-party suppliers include:

    • Active Campaign client management tool
    • Facebook
    • G Suite email, Google Drive, calendars
    • HelloSign e-signing tool
    • Leadpages landing page tool
    • LinkedIn
    • Paypal payment processor
    • Schedule Once
    • Typeform question tool
    • Zapier systems integration tool

This data sharing enables us to send e-mails, deliver services and products, complete customer transactions, run contests and promotions, and improve website performance and customer service.

Those third-party recipients are based outside the European Economic Area— for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.
Wendy White may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.

If you give Wendy White your permission, it may also use personal identification information for internal or external marketing and promotional purposes.

On occasion, Wendy White may collect personal identification information from you in connection with optional contests, special offers or promotions. Wendy White will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.

We will not share your personal information with any other third party.

e. Whether Information Has to Be Provided by You and Why

The provision of personal data (e.g. name, e-mail, address, billing information, business and personal information) is required from you to enable us to provide coaching services and products to our clients and to join our private Departure Lounge membership group. However, you are not required to provide any personally identifiable information to merely access or visit this website. We will inform you when we collect it whether you are required to provide the information to us.

f. How Long Your Personal Information Will Be Kept

We will hold all non-client personal data until you let us know you would like for us to delete it or unsubscribe from our marketing contacts, which you are free to do at any time. We will hold all client and customer personal data in our files until at least one (1) year after any relevant statute of limitation on professional liability has run.

g. Reasons We Can Collect and Use Your Personal Information

Wendy White collects and uses your personal information for the following lawful bases: to send e-mails, deliver services and products, complete customer transactions, oversee contests and promotions, and improve website performance and customer service.

4. Use and Transfer of Your Information Out of the EEA

This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States or other countries located outside the EU. If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that the United States provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to a the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

If you would like further information, (see “How to contact us” below. We will not otherwise transfer your personal data outside of the United Kingdom or EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

5. Your Rights

If you want to unsubscribe from receiving e-mails from Wendy White you may do so at any time. Each e-mail from Wendy White includes instructions for unsubscribing from these e-mail communications.

If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:

  • Fair processing of information and transparency over how we use your use personal information
  • Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
  • Require us to correct any mistakes in your information which we hold
  • Require the erasure of personal information concerning you in certain situations
  • Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • Object at any time to processing of personal information concerning you for direct marketing
  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • Object in certain other situations to our continued processing of your personal information
  • Otherwise restrict our processing of your personal information in certain circumstances

You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ .

If you would like to exercise any of those rights, please:

  • Email, call, or write to us
  • Provide us enough information to identify you, ie: your name and email address
  • Provide us proof of your identity and address
  • Provide us with the information to which your request relates, including any correspondence

6. Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

Please note that any comments or information that you post on the website, including social media pages, become public and third parties may use your information. Wendy White is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.

7. Links to Other Sites

You may see content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. Wendy White is not responsible for or liable for any content on or actions taken by such third-party websites.

8. How to Complain

We hope that we can resolve any question or concern you raise about our use of your information.

If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

9. Changes to This Privacy Notice

This policy is effective as of May 25, 2018. We may change, modify or update this Privacy Policy at any time and will notify you of any such changes by email or postal mail.

10. How to Contact Us

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact Wendy White, sayhi@wendywhite.com, 62 Ossie Road, Middlebury, VT 05753.

11. Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

Updated: May 2018