Privacy Policy
BY VISITING www.ellie-barclay.com, YOU ARE CONSENTING TO OUR PRIVACY POLICY.
Overview
Ellie Barclay Coaching is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at www.ellie-barclay.com (the “Site”), and how we collect and use that information.
The terms “we,” “us,” and “our” refers to Ellie Barclay Coaching. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address. The term “service” refers to the blog, podcast, digital or physical products, private coaching and consulting, and group programs, paid or free. Use of Ellie Barclay Coaching, including all materials presented herein and all online services provided by Ellie Barclay Coaching, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which may include:
Email address
First name
Last name
The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties. Payments are processed by secure third parties.
Activity
We are hosted by Squarespace, as such the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information may be monitored. This type of information to administer the Site and provide the highest possible level of service to you. This information in the aggregate may also be used to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
Cookies
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. The Site does not respond to Do Not Track signals sent by your browser.
Third Party Links
The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.
Security
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
Visitors’ GDPR Rights
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
Updating Your Information
If you opt-in to our mailing list, the option to unsubscribe will be included in every email. You may access and correct your personal information and privacy preferences by contacting us via email at ellie@ellieBarclaycoaching.com.
Changes To This Policy
You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.
Last updated 02/19/22
Terms of Service
Agreement between User and ellie@ellie-barclay.com
Welcome to ellie@ellieBarclaycoaching.com. The www.ellie-barclay.com website (the "Site") is comprised of various web pages operated by Ellie Barclay Coaching, trading within Vinvix LLS. ("Ellie Barclay"). www.ellie-barclay.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ellie-barclay.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.ellie-barclay.com is a Coaching Services & Products Site.
This website provides access to coaching services as well as digital and art products.
Understanding
The terms and conditions below apply to all coaching, mentoring, and consulting services provided by Ellie Barclay and Ellie Barclay Coaching (trading under Vinvix LLC) to any individual or organization (“the client”) and constitute the contract for the service to be provided by Ellie Barclay for the client. The term ‘coaching’ covers life coaching, personal coaching, executive coaching and business coaching for clients and where applicable includes mentoring or supervision services provided for clients, coaches or others. Where Ellie Barclay is mentioned, it also covers www.ellie-barclay.com and Vinvix LLC
Coaching & Consulting are not psychological counselling or any type of therapy, and should not be construed as such.
In return for the fees payable by the client (or by a third party on their behalf), Ellie Barclay, www.ellie-barclay.com and Vinvix LLC agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
The date that the first coaching session takes place shall be deemed to be the start date for the service. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions. The client will be required to sign a contract with Ellie Barclay, www.ellie-barclay.com and Vinvix LLC at the commencement of coaching.
Responsibility & Commitment
Ellie Barclay, www.ellie-barclay.com and Vinvix LLC will seek to enable the client to set and achieve goals that will help to bring about desired outcomes for the client. The client has sole responsibility for any decisions they may make following coaching OR CONSULTING with Ellie Barclay. Ellie Barclay accepts no liability for the client’s actions. Ellie Barclay, www.ellie-barclay.com and Vinvix LLC are not liable for any business or personal losses.
Privacy
Your use of www.ellie-barclay.com is subject to Ellie Barclay's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.ellie-barclay.com or sending emails to Ellie Barclay constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ellie Barclay is not responsible for third party access to your account that results from theft or misappropriation of your account. Ellie Barclay and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Ellie Barclay does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ellie-barclay.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Refunds will be issued on a case-by-case basis for all coaching and art products, and only for technical difficulties in the case of digital products. To request a refund due to technical reasons within 30 days of purchase, email me directly at ellie@ellieBarclaycoaching.com or through the contact page at www.ellie-barclay.com. I do not guarantee any specific results from any coaching package or digital product, as their effectiveness largely depends on the client.
Links to Third Party Sites/Third Party Services
www.ellie-barclay.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Ellie Barclay and Ellie Barclay is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ellie Barclay is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ellie Barclay of the site or any association with its operators.
Certain services made available via www.ellie-barclay.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ellie-barclay.com domain, you hereby acknowledge and consent that Ellie Barclay may share such information and data with any third party with whom Ellie Barclay has a contractual relationship to provide the requested product, service or functionality on behalf of www.ellie-barclay.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.ellie-barclay.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ellie Barclay that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Ellie Barclay or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ellie Barclay content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ellie Barclay and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ellie Barclay or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Ellie Barclay account to third party accounts. By connecting your Ellie Barclay account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Ellie Barclay from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ellie Barclay Content accessed through www.ellie-barclay.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Ellie Barclay, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ellie Barclay reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ellie Barclay in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KELLY A CURTIS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KELLY A CURTIS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KELLY A CURTIS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VINVIX, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KELLY A CURTIS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Ellie Barclay reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ellie Barclay as a result of this agreement or use of the Site. Ellie Barclay's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ellie Barclay's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ellie Barclay with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ellie Barclay with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ellie Barclay with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Ellie Barclay reserves the right, in its sole discretion, to change the Terms under which www.ellie-barclay.com is offered. The most current version of the Terms will supersede all previous versions. Ellie Barclay encourages you to periodically review the Terms to stay informed of our updates.