Privacy Policy

Effective May 2020
 

This Privacy Policy (the “Policy”) is designed to help you understand how we collect, use, transfer, and may delete “Personal Data” you decide to share, and help you make informed decisions when providing Personal Data to any of the websites and social media pages owned or offered by Lyndsay Toensing Coaching & Healing and its affiliates (collectively, “Lyndsay Toensing”). The references to “we,” “us,” and “our” as used in the Policy refer to “Lyndsay Toensing”.

Our Services

All of Lyndsay Toensing’s websites and social media pages, as well as, the products or services offered through such platforms or at events are collectively referred to in the Policy as the “Services”. Unless otherwise noted, our Services are provided by Lyndsay Toensing in the United States and Internationally.

Your Personal Data

When we refer to “you” or “your” in this Policy we mean any individual who is a visitor or unregistered guest of any of our Services, who holds an account or creates a profile for any Services offered by Lyndsay Toensing, who receives any survey, questionnaire, application, or other form of Personal Data request from Lyndsay Toensing, or any individual who comments on, reviews, or who otherwise posts any content generated by the individual on any of our Services (or Lyndsay Toensing’s social media networks which then may be shared with or accessed by the Services).

“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 things 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.

We encourage you to read this Policy, as well as, our Terms of Use, so that you understand our commitment to responsible and secure data collection, storage, transfer, and deletion practices.

BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS PROVIDED FOR IN THIS POLICY.

1. HOW DO WE COLLECT PERSONAL DATA?
We may collect Personal Data in any situation where you may voluntarily provide us such Personal Data (i.e., via email, a response to a survey, participation in an event or course, or other direct contact from you), as well as, in a number of other ways which include:

If you choose to register with us and create a user account or profile you are required to enter your name, email, and create a password. If you make a payment to Lyndsay Toensing you are required to provide your billing details, a name, address, email address and financial information corresponding to your selected method of payment (e.g., a credit card number and expiration date or other payment information). If you provide a billing address, we will regard that as the location of the account holder.

When you access the Services from your own devices (whether your own computer or mobile phone, tablet, or other devices), then we may 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.

Visitors or unregistered guest users are only required to provide as much information as is reasonably necessary to complete any transaction which they have initiated through the Services, including an email address, billing, and shipping information. However, unlike a registered user who may opt to have shipping information stored, unregistered guest users’ shipping information will not be stored and will only be used for purposes of completing the transaction for which it was provided.

We do monitor the use of the Services by collecting aggregate information. No Personal Data is collected in this process. Typically, such information 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.

In some instances, we may collect aggregate data through cookies and similar files. The majority of browser applications accept cookies and similar files, but you can usually change the browser settings to prevent this. However, if you do so, some functionality of the Services may be impaired or lost, particularly any customization features of the Services. Cookies help us customize your content experience and to learn which areas of the Services are useful and which areas need improvement.

Our “Data Processors” (defined below under “How Does Lyndsay Toensing Use Personal Data”) and other third parties we work with may also places cookies when you visit or access our Services, other websites, or when you open emails that we send you, in order to provide you with marketing or additional information related to Lyndsay Toensing products, promotions, or offers. We have no access to or control over these cookies once our Data Processors or other third parties have been given permission to set cookies. This Policy covers the use of cookies by us only and does not cover the use of cookies by any of our Data Processors or other third parties. You may remove or disable cookies via your own browser’s settings.

If you arrive at any of Lyndsay Toensing’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 give 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 outside of our control and not covered by the Policy (e.g. Instagram, Facebook, LinedIn, etc.). We encourage you to review the privacy policies posted on these (and all) 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 Lyndsay Toensing may be a violation of the Policy and should be reported to {insert support/info email address} or to our mailing address as provided in Section VIII below. {To comply with this law, you need to provide a physical address (in addition to the email address) that people can send complaints to regarding Data Privacy}.

2. HOW DOES LYNDSAYTOENSING.COM USE PERSONAL DATA
Whether you access any of the Services either as a visitor or unregistered guest, or as a registered user, your Personal Data is used to provide the transaction or give you access to the products, content, or other services you may purchase or request. If you choose to create a user name and profile/account, we may additionally use your Personal Data to contact you to remind you about services or to obtain product feedback or reviews.

Other ways we may use your Personal Data include:

We may disclose your Personal Data internally within Lyndsay Toensingand with other companies that are affiliated with or controlled by Lyndsay Toensing in order to provide and improve the Services, or for marketing purposes.

We may disclose your Personal Data with our business partners, service providers, vendors, agents, or contractors in order to provide a requested service or transaction or to process the information 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 shipping company. We require that these Data Processors agree to process Personal Data based on our instructions and in compliance with prevailing privacy laws and any other appropriate confidentiality and security measures.

We also may 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 product, content, or service.
Personal Data may also be accessed by third-party applications, such as gadgets or extensions, through 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 and any comments, statuses, updates, likes, tweets, and etc. that you voluntarily share with us through our social media networks may appear on our Services in the scrolling bar or other designated areas that shows activity on our pages or profiles.

We may from time to time contact individuals based on Personal Data that you may provide us that will be used for “refer a friend” or similar “email to 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: (a) to his/her Personal Data (such as their name and email address) being disclosed to us, and (b) to our contacting them. Lyndsay Toensing 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.

We may share Personal Data when we have a good faith belief that access, use, or disclosure of such Data is reasonably necessary to satisfy any applicable law, rule, regulation, or enforceable governmental or administrative request, enforce our Terms of Use, including investigation of potential violations, detect, prevent, or address fraud, security or technical issues, or protect against harm to the rights, property or safety of Lyndsay Toensing, our users, or the public (collectively, “Legal Requirements”).
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 {insert info/support email address} or at the mailing address provided in Section VIII 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 Data and cancel the child’s account without notice.

EU Residents
Please be aware that in order to maintain our compliance with GDPR requirements (see Section V – 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) months after date of closure or deletion;
Billing information is retained for a period of seven (7) years as of their provision to us;
We reserve the right to make adjustments to the above periods that may result 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 {insert info/support email address} (or at our mailing address provided in Section VIII 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.

California Residents
If you are a resident of the State of California you have the right to request a list of all third parties to which Lyndsay Toensing has disclosed certain information during the preceding year for these applicable third parties’ direct marketing purposes.

EU Residents
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.

When we receive your prior consent. For example, we provide you with an upfront notice prior to your access of our Services that our Services use cookies which will collect your Personal Data for analytics purposes.

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 to the full extent permitted by law and any Legal Requirements to which we are bound.

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 {insert info/support email address} or at our mailing address as provided in Section VIII of this Policy.

6. WHAT IS LYNDSAYTOENSING.COM’S 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 will 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 June 14, 2019. 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 LyndsayToensingCoaching(AT)gmail(DOT)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.

 


Terms of Use


Please Read Carefully Before Using This Website:

All of the Lyndsay Toensing Coaching & Healing websites, social media pages, or related digital/software services (collectively, “Services”) that you are using, accessing, or purchasing any goods or services from are either owned or offered by Lyndsay Toensing Coaching & Healing, and its subsidiaries or affiliates (collectively, “Lyndsay Toensing”). The references to “we,” “us,” and “our” as used in these Terms of Use refer to Lyndsay Toensing Coaching & Healing.

By accessing or using our Services, you are agreeing to be bound by these Terms of Use together with our Privacy Policy. Additionally, some of the content that you may access through our Services is not intended to replace advice from your doctor. Remember that participation in these programs is voluntary and done at your own risk.

If you do not agree with any of the provisions found in these Terms of Use, then you should not use or access the Services.

1. INTELLECTUAL PROPERTY
All intellectual property or other content contained in the Services is owned and controlled by Lyndsay Toensing, 259 Jasmine Lane N, Enumclaw WA 98022 unless expressly stated otherwise. All rights are reserved by Lyndsay Toensing to such intellectual property or content.

All content included in the Services such as recorded meditations, blogs and videos are the copyrighted property of Lyndsay Toensing. All content is protected by the United States and international copyright laws. The compilation of all content that may be accessed through the Services are the exclusive property of Lyndsay Toensing and protected by copyright laws.

By working with Lyndsay Toensing, you agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property appearing on our Services.

If you believe any content or material contained on the Services infringes your copyright, you must give Lyndsay Toensing notice under the Digital Millennium Copyright Act by contacting us at LyndsayToensingCoaching(AT)gmail(DOT)com. We will investigate your submission and may request additional information or statements necessary to verify your claim and/or to take down the applicable material.

2. PERMITTED USE
The content accessed via the Services is provided only for your personal use, general information, and convenience. The content provided to users through the Services cannot be shared and this right of use can be revoked at will by Lyndsay Toensing. The information contained herein can only be used, linked, and shared by you in accordance with permitted fair use doctrines.

3. DISCLAIMER OF WARRANTIES & LIABILITIES
The materials we provide on our Services are provided on an AS IS and AS AVAILABLE basis with NO GUARANTEES made with respect to any results of any kind.

Lyndsay Toensing makes no express or implied warranties in connection with the Services, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions. Further, Lyndsay Toensing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials accessed via the Services, or otherwise relating to such materials or on any sites that may be linked to the Services.

By accepting these Terms of Use, you agree that the use of Lyndsay Toensing Services, even if used as instructed, is only offered suggestively and cannot, to the maximum extent allowed by applicable law, result in any liability to Lyndsay Toensing.

4. LIMITATIONS ON DAMAGES
In no event shall Lyndsay Toensing, its partners, vendors, licensors, advertisers, or suppliers be liable for any losses or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of the use or inability to use the materials or content provided through the Services, or any reliance placed by you on the completeness, accuracy, or existence of any advertising provided through the Services, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services, any permanent or temporary inaccessibility of the Services (or any features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Services.

These limitations on Lyndsay Toensing liability to you shall apply irrespective of whether Lyndsay Toensing has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, Lyndsay Toensing may only be liable for a sum equal to the fees paid by you for any Lyndsay Toensing products or services, training programs, or other content you may have purchased through the Services.

5. REVISIONS AND ERRATA
Lyndsay Toensing does not warrant that any of the materials or content on the Services are accurate, complete, or current. Lyndsay Toensing may make changes to the materials or content contained on the Services at any time without notice.

6. LINKS; USER GENERATED CONTENT; INDEMNIFICATION
a. Lyndsay Toensing has not reviewed all of the sites that may be linked to the Services and is not responsible for the content or any goods or services that may be accessed, shared, or offered through any such linked sites. The inclusion of any link does not imply any endorsement by Lyndsay Toensing of the site. Use of any such linked website is at the user’s own risk and you understand and agree that Lyndsay Toensing is not responsible for the terms of use, privacy policies, or security practices of any linked sites or third-party services, including, without limitation, the accuracy of content or availability of any goods or services on linked sites or third-party services.

b. Areas of our Services may allow you to post comments, likes, photos, videos, or other content (collectively, “User Generated Content”). Lyndsay Toensing is not responsible for the User Generated Content that individuals may post or display on or through the Services. However, once you post or submit your User Generated Content through or on our Services, you represent that you have all necessary rights, interest, and title to such Content and you grant Lyndsay Toensing a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute, to digitally transmit, store, or perform, such User Generated Content, and to further sell, modify, create derivative works from or to incorporate such Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.

c. You agree to indemnify, defend, and hold harmless Lyndsay Toensing, its employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to: (i) your User Generated Content; (ii) your use of the Services; (iii) any violation of these Terms of Use; and/or (iv) any law or the rights of any third party.

7. TERMS OF USE MODIFICATIONS
Lyndsay Toensing may revise and update these Terms of Use at any time without notice. By using the Services, and continuing to access the Services, you are agreeing to be bound by the then current version of these Terms of Use.

8.  GOVERNING LAW
Any claim arising under these Terms of Use shall be governed by the laws of the State of Washington without regard to any choice of law or conflict of law provisions. You covenant that any court of competent jurisdiction shall have sole and exclusive jurisdiction over any claim or controversy arising from either this Terms of Use or our Privacy Policy, and venue shall be proper in any such court.

If you access the Services from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Lyndsay Toensing makes no representation that materials on its Services are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

For residents of the European Union, if you have claims related to our handling of your “Personal Data”, we request that you please follow the complaint procedures that we outline in Section VIII of our Privacy Policy. We also recognize that certain member nations of the European Union and other non-European Union countries that may have jurisdiction over your access of the Services may have different dispute resolution procedures, and as such, we ask that you still contact us at LyndsayToensingCoaching(AT)gmail(DOT)com and inform us of your location and applicable jurisdiction, so that we may address your country-specific concerns as needed.

10. INTEGRATION
These Terms of Use along with the Privacy Policy constitute the entire understanding and agreement between you as the user of our Services and Lyndsay Toensing.

11. SEVERABILITY
If part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of either the Terms of Use or our Privacy Policy which shall remain in full force and effect.

12. PRIVACY POLICY
Lyndsay Toensing and LyndsayToensing.com respects your privacy and is committed to appropriate technical and organizational measures to safeguard any Personal Data you may share with us. We urge you to read our Privacy Policy in order to review and understand how we may process Personal Data and the rights you have regarding Personal Data you may provide to us.

13. TERMINATION
Lyndsay Toensing and LyndsayToensing.com reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Services as permitted under prevailing law. Lyndsay Toensing also reserves the right to block users from certain IP addresses and prevent access to the Services. The provisions in this Terms of Use relating to intellectual property, User Generated Content, indemnification, limitation of liability, severability, and other provisions that by their nature may survive termination shall survive any termination.