Effective August 2023.
All products and/or services offered through Amanda Foley’s websites, live events, and social media pages, as well as the products and/or services offered by Amanda Foley through affiliates and/or business partnerships, joint ventures, and collaborations, are collectively referred to in the Policy as the “Services.”
YOUR PERSONAL DATA
When we refer to “you” or “your” in this Policy we mean any individual who: (i) is a visitor or unregistered guest of any of the Services; (ii) holds an account or creates a profile for any Services offered by Amanda Foley; (iii) receives any survey, questionnaire, application, or other form of Personal Data request from Amanda Foley; or (iv) comments on, reviews, or otherwise posts any content on any of our Services or social media pages.
“Personal Data” as used in the Policy means information that can be used to identify you, directly or indirectly, alone or together with other information. This includes, but is not limited to, information such as your full name, email address, phone number, precise geographic location, “Device IDs” (as defined below), and certain cookie and network identifiers.
We may also create anonymous data from Personal Data by excluding personally identifiable data components (such as your name, email address, telephone number, or IDs) that makes the data personally identifiable to you, through one or more secure methods of data anonymization. Our use of anonymized data is not subject to this Policy.
BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING AS PROVIDED FOR IN THIS POLICY.
1. HOW DO WE COLLECT PERSONAL DATA?
We collect Personal Data in any situation where you voluntarily provide us such Personal Data to access the Services, as well as in a number of other ways, which include:
To register with us and create a user account or profile;
To make a payment to Amanda Foley;
To access the Services from your devices (computer or mobile phone, tablet, or other devices), then we collect certain identifying information of your device, such as the IP address, UUID (for mobile devices), operating system version, device type, system and performance information, the files viewed on our Services (e.g., HTML pages, graphics, etc.), and browser type (collectively, “Device IDs”). We may use your Device ID to provide a tailored experience for you. In addition, the Device ID information may be collected in order to determine the aggregate number of unique devices using a particulate Service, to track total usage, analyze data, and communicate with you more effectively. We may combine your Device ID with information from third parties to provide you with a better experience and to improve the quality of our service. We do not share any Personal Data with third parties in association with your Device ID.
We monitor the use of the Services by collecting aggregate information. No Personal Data is collected in this process. Such information typically comprises user statistics, traffic patterns, and site usage. This information is used for our business optimization and assessment purposes, including to improve usability, performance, and effectiveness of the Services.
COOKIES & SIMILAR FILES
In some instances, we may collect aggregate data through cookies and similar files. Cookies help us customize your content experience (for example to store your password so you do not have to re-enter it each time you access your account on a Amanda Foley platform) and to learn which areas of the Services are useful and which areas need improvement.
The majority of browser applications accept cookies and similar files, but you can change the browser settings to prevent this. However, if you do so, some functionality of the Services may be impaired or lost, particularly any customized features of the Services.
If you arrive at any of Amanda Foley’s Services from an external source (such as “refer a friend” promotions), we record information about the source that referred you to us. We collect your Personal Data from third parties if you have given permission to those third parties to share your information with us or where you have made that information publicly available online.
Our Services may provide links to third-party websites that are not covered by the Policy (e.g. Instagram, Facebook, Twitter, etc.). We encourage you to review the privacy policies posted on all third-party websites and corresponding apps to learn about these third parties’ policies and practices with respect to your Personal Data.
Any improper collection or misuse of Personal Data provided to Amanda Foley that you suspect may be a violation of the Policy should be reported to email@example.com or to our mailing address as provided in Section 8 below.
2. HOW DO WE USE PERSONAL DATA?
When you access any of the Services as a visitor, unregistered guest, or registered user, your Personal Data is used to process the transaction and give you access to the Services you purchase or request. If you choose to create a registered user name and profile/account, we may additionally use your Personal Data to contact you to remind you about the Services or to obtain feedback or reviews.
Other ways we may use your Personal Data include:
With companies that are affiliated with or 100% owned and/or controlled by Amanda Foley in order to provide and improve the Services.
With our business partners, service providers, vendors, agents, or contractors in order to provide requested Services or transaction(s), or to process the a transaction on our behalf (collectively, “Data Processors”). For example, if we need to ship something to you, we must share your name and address with a third-party shipping company. We require that these Data Processors agree to process Personal Data based on our instructions, in compliance with prevailing privacy laws and any other appropriate confidentiality and security measures.
Retaining your purchasing history and using details of the Services you have previously purchased to make suggestions to you for other Services which we believe you will also be interested in.
Retaining and evaluating information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive.
AGGREGATE DATA PROCESSING
We may also share non-personal, aggregate information regarding customer demographics, traffic patterns, sales, and site usage with our Data Processors or other thirty-party internet advertisers or content publishers. We may transact some Services or offer access to content in collaboration with these Data Processors or other third parties. Personal Data that you provide to those Data Processors or other third parties may be sent to us so that we can deliver the requested Services.
Personal Data may also be accessed by third-party applications through the Services. Any Personal Data when you enable such a third party application is processed under the Policy. Any information collected by a third party application provider is governed by their privacy policies.
We may disclose your Personal Data with our social media network providers through comments, statuses, updates, likes, tweets, etc. Any information that you voluntarily share with us through our social media networks may appear on the Services in the scrolling bar or other designated areas that show activity on our social media accounts.
We may, from time to time, contact you based on Personal Data that you may provide us that will be used for “refer a friend” promotions. You must have the consent of those individuals whose Personal Data or other information you are providing to us. By submitting the Personal Data or other information of such individuals, you confirm that you have that individual’s prior consent: (i) to his/her Personal Data (such as their name and email address) being disclosed to us; and (ii) to our contacting them. Amanda Foley reserves the right to disclose that we have obtained the individual’s Personal Data or other information from you and that we are contacting them because you have told us they may be interested in our Services and have provided us with their name and email address. You are solely responsible for any personal messages you submit to the individual. You must not submit any message containing content that is illegal, obscene, indecent, offensive, blasphemous, defamatory or otherwise inappropriate.
DISCLOSURE OF PERSONAL DATA
Our use of Personal Data other than for the reasons set out above is on an opt-in basis. This means that you will not receive communications from us regarding, for example, specials, new products, or new Services unless you have given us affirmative permission to receive such communications.
3. WHAT ABOUT A CHILD'S PERSONAL DATA?
Our Services do not target and are not intended to attract children under the age of 16. We do not knowingly collect information from or about children under the age of 16. If you become aware that a child has provided us with Personal Data without parental consent, please contact us at firstname.lastname@example.org or at the mailing address provided in Section 8 below. If we become aware that a child under 16 has provided us with Personal Data without parental consent, we will take immediate steps to remove such Personal Data and cancel the child’s account without notice.
Please be aware that in order to maintain our compliance with GDPR requirements (see Section 5 – EU Residents below), we will not process the Personal Data of any child who is below the age of 16 years unless we receive the express consent of the parent or authorized guardian of the child. In order to comply with the foregoing, we will make reasonable efforts, inquiries, or other contact with you in order to verify the age of the child and the person who is properly vested with the authority to provide consent on behalf of the child. In the event we cannot verify the age of the child or the parent/guardian’s capacity to provide consent, we will not process the Personal Data of the child and cancel the applicable account without notice.
4. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We only retain the Personal Data collected from you for as long as your account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with Legal Requirements, to resolve disputes, and/or enforce our agreements as follows:
Any backups of the contents of closed or deleted accounts may be kept for three (3) calendar months after the date of closure or deletion;
Billing information may be retained for a period of up to seven (7) years from the date of the last known transaction;
We reserve the right to make adjustments to the above periods as a result of any orders, laws, or regulations issued by any governmental, legislative, or regulatory body with jurisdiction over us.
5. WHAT RIGHTS DO YOU HAVE TO YOUR PERSONAL DATA?
You may contact us any time at email@example.com or at our mailing address provided in Section 8 below to request any of the following:
View or access what Personal Data we have about you, if any;
Change or correct any Personal Data we have about you;
Request us to delete any Personal Data we have about you;
Express any concern you have about our use of your Personal Data.
If you are a resident of the State of California you have the right to request a list of all third parties to which Amanda Foley has disclosed certain information during the preceding year for these applicable third parties’ direct marketing purposes.
If you are a resident of a member nation of the European Union, we wish to confirm for you the legal basis on which we process your Personal Data as required by the European General Data Protection Regulation (“GDPR”). We only will use and process your Personal for the following lawful reasons:
When it is necessary to process a transaction on your behalf or to perform under a contract. For example, if you purchase Services from us, we will send you emails related to your order.
When we have a legitimate business interest or compelled by Legal Requirements. For example, when we email you about Services we have available that are related to your order with us.
As a resident of a member nation of the European Union, we also provide you with the following rights under as required by the GDPR:
Right to Access of Personal Data: You may request confirmation regarding the purposes for which we have processed your Personal Data, as well as, access relevant information on that processing and what Personal Data is involved.
Right to Receive Personal Data: You may request to receive the Personal Data that you have provided to us in a secure, portable manner or request that we transmit your Personal Data directly to a data controller that you identify to us.
Right to Request Restriction of the Processing of Personal Data (Right to Withdraw Consent): You may request that we restrict our processing of Personal Data in certain situations such as when there is a discrepancy or mistake involving your Personal Data, or when you may oppose the deletion of your Personal Data, and instead, request an appropriate restriction on our use of your Personal Data. You also retain the right at any time to withdraw your consent to any processing of your Personal Data for purposes where you had previously consented (such as receiving direct marketing emails from us).
Right to Object to Processing: You have the right to object to our processing of Personal Data in any situation where our processing is unlawful, or which may subject your personal freedoms, interests, or rights to prejudicial and irreparable harm; provided, however, that if Legal Requirements or other compelling legitimate business grounds apply in such circumstances, then these may override the impact of prejudicial and irreparable harm to your personal freedoms, interests, or rights and we may still process your Personal Data as needed.
Right to Have Corrections Made to Personal Data: You have the right to request any lawful change or correction to Personal Data that you have provided to us.
Right to Deletion of Personal Data: You have the right to ask us to delete your Personal Data at any time for any reason.
We will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request). In order to exercise any of these rights, please contact us at firstname.lastname@example.org or at our mailing address as provided in Section 8 of this Policy.
6. WHAT IS OUR COMMITMENT TO THE PROTECTION OF PERSONAL DATA?
We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. We are committed to testing, monitoring, and maintaining records related to data security and access controls impacting our Systems that are aligned with industry best practices and commensurate with the size of transactions and collection of Personal Data that we process and transfer. While we cannot fully eliminate security risks associated with the storage, transfer, and transmission of Personal Data, we endeavor to remain educated and retain the internal and external resource expertise in order to adapt and modify our data protection practices as required by evolving global data security and cyber threats, terrorism, and fraudulent or malicious programs.
7. HOW WILL YOU KNOW OF CHANGES TO THE POLICY?
The most recent version of this Policy was updated on August 1, 2023. We may change the Policy from time to time. In circumstances where a change will materially change the way in which we collect or use your Personal Data, we will send a notice of this change to all of our then-current registered account holders in advance of implementing such changes.
8. HOW CAN YOU CONTACT US IN ORDER TO EXERCISE YOUR RIGHTS OR MAKE ANY INQUIRIES OR COMPLAINTS?
If you wish to exercise any of your rights regarding your Personal Data as outlined in this Policy, or if have any questions or complaints about the Policy, please contact us at email@example.com.
Complaints will be resolved internally in accordance with our complaints procedures. If you live in the European Union or Switzerland and efforts to resolve the matter internally are unsatisfactory, the complaint may be submitted to the ICDR-AAA which has been selected as the independent recourse mechanism to resolve complaints and disputes relating to treatment of Personal Data originating from residents of the European Union or Switzerland under this Policy.
We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU member country where you reside, work, or the place of the alleged complaint. You have the right to do so if you consider that our collection, processing, or transfer of Personal Data relating to you violates applicable privacy or data protection laws.