Terms and Conditions & Privacy Policy

IMPORTANT NOTE: This website is owned by Lisa Botwinick. By using this website and/or purchasing and/or using my newsletters, e-mails, programs, services, and/or products accessed or available through this website (collectively “Website”), you are voluntarily agreeing to these Terms & Conditions and Privacy Policy, and you are legally agreeing that you have read, understand, and fully consent to the terms below.  If you have any questions about any of these Terms & Conditions and Privacy Policy, please do not hesitate to contact me at coachlisa@lisabotwinick.com before using Lisa Botwinick’s website.

You must be eighteen (18) years and have the legal ability to agree to this Disclaimer, thus, if you do not agree to the disclaimer below, STOP now, and do not proceed.  By accessing or using Lisa Botwinick’s Website, you implicitly agree to these Terms & Conditions and Privacy Policy below.

These Terms & Conditions and Privacy Policy require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by using our Website that you are waiving certain legal rights and you are voluntarily agreeing to do so.

PRIVACY POLICY

The Website and its Content is owned by Lisa Botwinick (“Company”, “we”, “us”).  The term “you” refers to the user or viewer of Lisabotwinick.com

Please read this Privacy Policy carefully before using this website. We reserve the right to change this Policy at any time without notice.  In the event of a material change, I will let you know via email and/or a prominent notice on my Website.

This Privacy Policy sets forth how we collect, use, process, and distribute your information including personal data (defined below) when you use my Website.  I will not use or share your information with anyone except as described in this Privacy Policy. The user of information collected through our website shall be limited to the purposes under this Privacy Policy, unless you have entered into a separate contract, Terms of Use, or formal engagement letter with us as those supersede this Privacy Policy.

Use of any personal information or contribution that you provide to me, or which is collected by me on or through my Website or content is governed by this Privacy Policy. By using my Website or its content, you consent to this Privacy Policy whether or not you have read it.

Lisa Botwinick is committed to ensuring that your privacy is protected and respected.  By submitting your personal date to us, you agree to us using your data as follows:

Information I may collection from you

I may collect and process the following data about you in order to provide you a positive experience while using my Website or content. I will collect the minimum amount of information necessary for me to fulfill our obligation to you.  We may collect

A name and email address so we can deliver my newsletter to you – you would be affirmatively consenting to this to us by providing this to us in our contact forms.

Billing information including name, address, and credit card information so that we can process payment to deliver my products or services to you under contractual obligation.

A name and email address if you complete my contact form with a question. I may send you marketing emails with either your consent or if I believe we have a legitimate interest to contact you based on your contact or question.

Please note that the information above (“Personal Data”) that you are giving to me is voluntarily, and by providing this information to us you are giving consent for us to use, collect, and process the Personal Data.  You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting me at coachlisa@lisabotwinick.com.

If you choose not to provide me with certain Personal Data, you may not be able to participate in certain aspects of my Website or content.

Other Information I May Collect:

Anonymous Data Collection & Use: To maintain my Website’s quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the website are most heavily trafficked and to display content according to your preferences. This “traffic data” cannot personally identify you, but it is helpful for marketing purposes and to improve our services. Traffic data collection does not follow a user’s activity on any other website in any way. Anonymous traffic data may be shared with business partners and advertisers on an aggregate basis.

Use of Cookies: I may use the standard “cookies” feature of major web browsers. I do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features may not work as intended.

What I Do With Information We Collect:

Contact You: We may contact you with information you provide us based on these lawful grounds for processing:

Consent: I may contact you if you give us your clear, unambiguous, affirmative consent to contact you.

Contract: I may contact you under our contractual obligation to deliver goods or services you purchase from us.

Legitimate Interest: We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a free gift or webinar, we may send you marketing emails based on the content of that free gift or webinar. You will always have the option to opt-out of any of our emails.

Process Payments: I will use the Personal Data you give me in order to process your payment for goods or services under contract. I only use third party payment processors that take the utmost care in securing data and comply with GDPR.

Targeted Social Media Advertisements: I may use the data you provide us to run social media advertisements and/or create look-alike audiences for advertisements.

Share with Third Party: I may share your information with trusted Third Parties, such as our newsletter service provider, in order to contact you via email, our merchant provider to process payments, and Google or social media accounts to run advertisements.

Viewing By Others

Whenever you make your date available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore we cannot be responsible for any unauthorized or improper use of the information you voluntarily share (i.e sharing a comment on a blog post, posting in a Facebook group that we manage, sharing on a coaching call, etc.)

My site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Submission, Storage, Sharing and Transferring of Personal Data

It is important to note that we may transfer data internationally. For users in the European Union, please be aware that if we transfer Personal Data outside of the European Union. By using our website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.

Confidentiality 

We aim to keep the Confidential Information that you share with us confidential. Your Confidential Information is stored through a data management system. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; protect and defend our rights or property or those of our users; and act as immediately necessary in order to protect the personal safety of our users or the public.

Passwords
To use certain features of the Website, Product or Service, you may need a username and password, which you will receive through the Program registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Site and the private Facebook group. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk.

By using our Programs and site, you agree to enter true and accurate information as part of the Program registration or otherwise. If you enter a bogus email address, we have the right to immediately inactivate your account.

We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

Unsubscribe You may unsubscribe to our e-newsletters or updates at any time through the unsubscribe link at the footer of all e-mail communications. We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. If you have questions or are experiencing problems unsubscribing, please contact me at coachlisa@lisabotwinick.com.

You Have A Right To: Request information about how your Personal Data is being used and request a copy of what Personal Data we use. Rectify or erase Personal Data and receive confirmation of the rectification or erasure. Withdraw your consent at any time to the processing of your Personal Data. Lodge a complaint with a supervisory authority if you feel like we are using your Personal Data unlawfully. Object to our use of your Personal Data.

Anti-Spam Policy We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.

Children’s Online Privacy Protection Act Compliance We do not collect any information from anyone under 13 years of age in compliance with COPPA (Children’s Online Privacy Protection Act), and our Website and its Content is directed to individuals who are at least 13 years old or older.

Data Controller and Processors: We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to ensure our data processors are GDPR compliant.

If there is a dispute that arises that we cannot work out through email correspondence, the dispute shall be settled by arbitration, which will occur via telephone by an arbitrator that we mutually agree upon. If no such party can be agreed upon, a mediator will be appointed by the New York office of the American Arbitration Association (“AAA”). Any judgement made on arbitrator’s award is binding having appropriate jurisdiction.  Prior to seeking arbitration, you must submit your concerns to Lisa Botwinick via email at coachlisa@lisabotwinick.com in an attempt to resolve the situation prior to resorting to arbitration.

If you have any questions about this Privacy Policy, please contact me at coachlisa@lisabotwinick.com.

TERMS AND CONDITIONS

This website (the “Site”) is owned and operated Lisa Botwinick (“COMPANY,” “we” or “us”). The term “you” refers to the user of our Website.  These Terms & Conditions set forth how you may use our Website and its content, what content you can share with others, and what content you can’t disclose, security, intellectual property rights, and other terms of use.

Please read these Terms & Conditions carefully.  We reserve the right to change these Terms & Conditions without any notice at any time, and by using our Website you are agreeing to the Terms & Conditions as they appear whether or not you have read them thoroughly or at all.  If you do not agree with these terms, please stop now and do not use Lisa Botwinick’s Website, programs, products or services.

By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. Our website, programs, products, services, meditations, worksheets, and books and all the materials available on or through it are the property solely owned by Lisa Botwinick and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.  This includes, but is not limited to the content, layout, design, data, databases and graphics are protected by United States intellectual property laws. Content is solely owned by us, unless otherwise indicated.

If you purchase or access any materials through this Program, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

The trademarks, taglines, and logos which are displayed on the Website are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks and logos for which you are granted permission to use, the trademark incidia must be included at all times. Any preview call titles, program titles, program material titles, or any other title or information of ours bearing the trademark (™) symbol may not be used by you for any reason without our express written permission.

You may not use the Website or materials available on or through the Website or this Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Information You Are Prohibited from Sharing with Others.  You, as a Licensee, you understand and acknowledge that the information obtained on or through this Website, program, product, Facebook group has been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.

You expressly agree that you will not steal our content.  Duplication, sharing, or uploading any information obtained in our course files with others, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.

Unless otherwise explicitly authorized in these Terms and Conditions, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through this Program or obtained on or through the Site, including through this Program, private Facebook group page, audio or video recording, or teleseminar call for commercial use, or for use in any way that earns you money.

You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you.

However, you may from time to time, download and/or print Email Correspondence, Program Handouts and Assignments/Action Steps, Site pages, and/or blog posts for your personal, non-commercial use, provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Site page from which the information was obtained.

By downloading, printing, or otherwise using the material from this Program for personal use you in no way assume any ownership rights of that material.
All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Program, Site, or private Facebook group page, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older.

In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that include the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the Program, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.