Welcome to the Kathy Pearce Coaching website located at “www.KathyPearce.com” (this “Site”), which is owned by Kathy Pearce (“Owner”). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies, and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers and a choice of Washington State law and the laws of the United States.
These Terms are effective as of January 19, 2024.
All contents of this Site are: ©2020-2024 Kathy Pearcet. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos and other proprietary content (collectively, the “Content”).
Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Owner.
Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without the prior written consent of Owner. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site, is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Owner’s intellectual property rights.
We collect no PII about you unless you voluntarily provide it to us by sending us an e-mail, or by completing an online form or survey. You may choose not to contact us by e-mail or to provide any PII using an online form or survey. Your choice to not participate in these activities will not impair your ability to any free information available our site. If you choose to provide PII by emailing Kathy Pearce, participating in a survey, or completing an online form, Kathy Pearce Coaching stores this information.
If any type of PII is volunteered by the users, it is governed by laws such as the Washington Public Records Act RCW 42.56. This information may become a public record once it is provided, and it may be subject to public inspection and copying if not otherwise protected by federal or state law. Confidential information is protected, and it will only be disclosed according to a legal process or as otherwise required by law.
For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. If you opt out of any service, you may not enjoy the full functionality of the Website.
From Third Parties. We may also collect or receive information from third parties, such as Facebook and/or other third-party social media sites.
The Company allows clients to make payments for services via an online portal. We have engaged third-party service providers to perform many of the services related to payment processing, including card processing.
The Company partners with Acuity Scheduling and Stripe to facilitate card payments for clients. We may share your personal or transactional information with this third-party service provider when it is necessary to process payments. Information about our payment processors can be found at www.acuityscheduling.com, and www.stripe.com
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Owner does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Owner or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.
The Owner makes no representation of any kind regarding this Site, Content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Without prejudice to the generality of the foregoing paragraph, Owner does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
WHAT DO WE DO WITH YOUR PERSONAL DATA?
Main Uses of Your Data
This section of the Policy describes the things that we do with your data which relate directly to your use of the Site and our services. They are the things that we hope you would expect us to do with your information. We will use your information:
- to provide the products available on our Site to you;
This section of the Policy describes the things that we do with your data that arise from our monitoring of the Site and the collection of your information whilst using the Site. We may use this information:
- to identify patterns that we can use in our marketing strategy and to help us develop, administer, support and improve our services and features and adverts;
- to conduct reviews that assist us in the improvement and optimization of our Site;
- to ensure that content from our Site is presented in the most effective manner for you and for your computer;
- to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
- as part of our efforts to keep our Site safe and secure.
We may combine technical information with other information that we have about you to help us with our processing of your information as described in this Policy.
Use of Your Data for Marketing & Communications.
When you join a mailing list, which is not required to use the site, we may use personal information, like your email address, to provide marketing messages to you or allow us or third parties to communicate with you on third-party services. We will always seek your consent before doing so and you can opt out of marketing and other communications at any time by You can unsubscribe at any time by using the link in the bottom of every email or by contacting us at: info (@) KathyPearce.com.
You can always make use of the Site without having to agree to marketing. The types of things that we may do include:
- providing direct marketing advertisements and communications to you via email, text, post or telephone or via our selected third parties;
- making suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them;
- communicating with you on third party social media platforms and sharing your information with that social media platform;
- monitoring the effectiveness of our direct marketing communications and your responses to it.
WHO HAS ACCESS TO YOUR PERSONAL DATA?
We retain access to all personal information that we have collected from you or about you in our shopping cart and email system (MailChimp) so we may send product confirmation and marketing emails such as articles, free resources and training classes and more.
The external services we use, such as our shopping cart and email system, may have access to your information. We may also have links to other websites from our Site. We are not responsible for the content, security, privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We recommend that you check the policy of each website that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.
If our business is sold or merged, or if we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. We will make sure that any such transfer is done in a secure way.
If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your information to them in order to deliver the service. By using this Site you consent to us providing your information to the third parties authorized by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your information e.g. to complete partial addresses or to augment the information we hold about you. In either case, we will not pass your information to anyone who is not also subject to adequate privacy commitments in our contract with them and we will not allow the third party to use your information for marketing purposes without your consent.
We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law or to obtain professional advice. We will retain your information for as long as is reasonable and necessary and no longer than permitted by law.
WHERE DO WE STORE YOUR PERSONAL DATA?
We maintain your data on the server of our internet service provider, our shopping cart and email services company, and our offices.
If you leave a comment on this website that information is stored at our hosting company (Siteground). That information includes your name, your avatar, your comment, the time you left the comment and your ISP address.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We follow strict security procedures to ensure that your personal information is not damaged, destroyed or disclosed to a third party without your permission and to prevent unauthorized access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties, we will require them to have in place similar measures to protect your information.
You have the right to use our Site without consenting to receive any marketing and communication services that we provide. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. We always use the most recently submitted form to be your current consent status. If you are a registered user, but not signed in when you submit a form, we will not be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us via email at info (@) KathyPearce.com
You have the right to ask us not to process your personal data at any time.*
You have the right to ask us, at any time, to show you what data we’ve collected.
You have the right to fix any data we have that is incomplete or wrong.
The Data Protection Act 1998 (DPA) and the GDPR (in Europe) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA and GDPR.
*Asking us to not process your data does require us to delete your data, which is legally considered processing your data. So respectfully inform you that we’d have to do that one thing.
Cookies & Tracking.
Like many websites, we use “cookies” to enable us to personalize your visits to our Site, simplify the signing-in procedure, keep track of your preferences, for marketing purposes and to track the usage of our Site.
Like any business, we like to see if our visitors come from Google, Facebook, or another site in order to better manage the business. We use Google Analytics as our analytics package. When we log in we can see which pages on this website visitors visited, the paths visitors took, where they came from and how they left. We can not see which website you visited after you leave us, however. The only way we could narrow down the information to any one individual is if only one person was on this website that day, and we knew who that was.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for you to use the features available on this website. They include, for example, the ability to post a comment.
- Analytical/performance cookies. These cookies allow us to recognize, track, and count the number of visitors who come to this website. They also allow us to track broken pages on the website and to count what visitors do when they click through the website.
- Functionality cookies. These cookies allow us to track and remember your preferences for our website. For example, we can personalize content for you, greet you by name and/or remember your preferences (for example, your choice of language or region).
In addition to the non-personally identifiable data collected by cookies, this website also offers the ability to contact with us via contact forms, newsletter registration forms, free downloadable gifts, and other similar files.
To receive free gifts from this website, we require that you share your personal information consisting of your first and last name and your email address. In some cases, we have additional optional fields to tell us about what you are looking for and how we might best serve you. In most cases, information is gathered and stored in the website database or via a third-party service, SiteGround, and MailChimp. All information gathered via any form on this website can be deleted upon request.
Information and informational items are provided in exchange for adding your email address and possibly your name, business and or website information to one of our mailing lists. All mailing lists are stored and executed via MailChimp for the sole purpose of communicating information, as well as occasional marketing of services and products. Each mailing list will specifically detail what type of emails you may receive and possibly the frequency. You may unsubscribe from said email list(s) at any time by using the unsubscribe link provided in every email.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Limitations of Liability.
Owner will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, under no circumstances shall Owner or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all nutraceuticals, products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, Owner sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments user of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards, if someone claims you are a car thief, you have to sue them not us.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Use of this Site is governed by Washington State and the United States law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site, i.e. in Washington State, King County.
You acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.
The Owner may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.
Owner also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Owner may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Owner will not be liable to you or any third party in the event that Owner exercises its right to modify or terminate access to this Site or portions of this Site.
Price and availability information on this Site are subject to change without notice.
If all else fails.
If you have questions about how Kathy Pearce Coaching uses your personally identifiable information, you may contact us, using any of the above mentioned methods.