Terms and Conditions and Privacy Policy
for KWC Inc. Programs, Products and Services

[Updated May 25, 2018 for GDPR Compliance]

SECTION 1: Terms and Conditions

This website is owned by Kelly Wellness Consulting Inc. (KWC Inc.) The following Terms and Conditions and Privacy Policy statements (“T&C”) set forth how you may use our Website, Programs, Products and Services, and their 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 T&C of our website, programs, products and services carefully. We reserve the right to change these T&C from time to time, and by using any of our Programs, Products and Services you are agreeing to the T&C as they appear, whether or not you have read them. If at any time you do not agree with these terms, please do not use our Programs, Products and Services.

Website Disclaimer: By using our website and/or reviewing or commenting on any content therein including emails, articles/posts, videos, social media, subscription opt-ins, or any other information available through our website, you are voluntarily agreeing to the following Terms and Conditions and Privacy Policy, and you are legally agreeing that you fully understand and consent to such. Should you have any questions or concerns about any of the following Terms & Conditions or Privacy Policies outlined below, please contact info@kellywc.com.

Our Programs, Products and Services are owned and operated by Kelly Wellness Consulting Inc. (KWC Inc., “Company”, “we”, or “us”). The term “you” refers to the user or viewer of our website.

To view our Privacy Policy, visit Section 2 of this document.  

 

Your Use and Consent

By purchasing or using any of our Programs, Products or Services, you are subject to these T&C and required to act in accordance with them, our Privacy Policy,   and any other terms and conditions that may apply to our marketing of our Programs, Products and Services available through our Website or from us. Accessing our Programs, Products or Services, in any manner, whether automated or otherwise, constitutes use of the Program, Products and Services, and the Website, and your agreement to be bound by these T&C.

All of our Programs, Products and Services are intended solely for KWC clients, KWC Certified Workplace Wellness Ambassadors, KWC Associates, KWC affiliates, joint venture partners or otherwise approved by Kelly Wellness Consulting Inc. and eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product or Service or our Website by anyone under 18 is unauthorized, unlicensed and in violation of these T&C. By accessing or using our Programs, Products, or Services or our Website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our T&C.

We try to ensure that our Program, Product and Service availability is uninterrupted and that our Website, private Facebook group page, e-mail communications, and Program materials, tele-classes and/or audio or video recordings, as applicable, will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction.  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.

Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research, health and wellness best practices, and technology is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Service you are using, or in documents referenced by or linked to the Program, Product or Service.

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the Program, Product or Service, 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.

Intellectual Property Rights

Our Limited License to You. Our Programs, Products, and Services and all the materials available through it are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the design, layout, look, appearance, graphics, downloadable information products, e-mails, .pdfs, videos, audios and our program or service materials. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these T&C.

If you purchase or access any of our materials through our Programs, Products or Services, 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 use and for limited commercial use pursuant to these T&C, limited to you only.

You are being granted a limited license to use our designated reproducible materials with permission and restrictions. This means that we are granting you the limited rights to use the Program, Products or Service materials in the form that is provided to you by us, specifically:

  • Brandable/Customizable/Reproducible handouts: will have the following italicized footer designation below that may be removed for your own business use. Brandable file permissions will also be indicated in electronic file name as such. Please refer to Licensing Agreement for full terms and conditions.

“This document may be branded, customized and reproduced as per Licensing Agreement.”

In addition, on any Brandable/Customizable/Reproducible Material used in whole or in part, you are required to retain any footer on any page or section that states:

“Used with permission by Kelly Wellness Consulting Inc.”

  • “Reproducible Only” Handouts: You are permitted to reproduce but not modify handouts with the footer designation below. The italicized statement below must be represented in the document footer when used with clients or general business purposes. Reproducible file permissions will also be indicated in electronic file name as such.

© Kelly Wellness Consulting Inc. Licensed for specific use only.

  • You are not permitted to reprint or republish modules or other materials including handouts for resale or mass reproduction purposes.
  • You are permitted to reuse the Brandable/Customizable/Reproducible materials, add your own original content, edit it or change it as you wish to reflect your brand, provided that it is in compliance with our Licensing Agreement and the terms of this T&C. However, you may not reuse or republish the royalty-free images provided in Program materials for any other purpose or reason, or in any other context, other than how this Program is intended to be used.

However, you may not use our Programs, Products or Services, the materials available on or through them, or this Website in a manner that constitutes an infringement of our rights or in a manner that has not been specifically authorized by us.

Any trademarks, taglines, and logos displayed on the Program, Product, or Service materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. 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, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

Information You Are Prohibited from Sharing with Others.  You understand and acknowledge that the information obtained on or through our Program, Product or Service has been created, 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.

When you enroll in or purchase this Program, Product or Service, including any of our Programs, you expressly agree that you will not steal our content or share it with any other person without our express written permission.

You agree that you are clearly and expressly forbidden from doing the following:

  1. You may not duplicate, share, trade, or sell any information obtained in or through our Programs with any other person including but not limited to Certified Health Coach, Certified Wellness Educator, Holistic Practitioner, or any Other Health or Wellness Professional for their personal, commercial or business use, whether it was known to you or not at the time that you shared the information that their intention was to use the Program materials in their own Health Coaching/Consulting business or any other employment practice. This is considered theft and stealing, and we retain the right to prosecute theft to the full extent of the law.Unauthorized use of our Programs, Products or Services or this Website may give rise to a claim for damages and/or be a criminal offence. Unless otherwise explicitly authorized in these T&C, 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) for commercial use, to any other any other person including but not limited to health coach, wellness educator, holistic practitioner, or any other health or wellness professional in a way that earns them money any material purchased through this Program, Product or Service or obtained including but not limited to, our Website, a password-protected Site page, private Facebook group page, audio or video recording, e-mail communications, or teleseminar calls.
  1. You may not use any Program material in any way in a book or e-book that is self-published or published through a publishing company and/or online through kindle, amazon.com, nook, etc., regardless of whether you add your own unique material to it or not.By downloading, printing, or otherwise using the material from this Program for your own employment, coaching or consulting practice in no way gives you any copyright or ownership rights of the material contained in the downloadable, done-for-you Program.By downloading, printing, or otherwise using any material from this Program, Product or Service for any use, you in no way assume any intellectual property 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 through the Program, Product or Service, our Website, 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 eighteen (18) years of age or older.

In addition, when you submit or post any material in any way affiliated with our Program, Product, or Service, 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. In particular, this includes WWAP group certification projects developed by you through the Program which will become the property of KWC but you may use/customize and reproduce them for client use provided it contains the aforementioned footer designation. They may not be customized or reproduced for resale or mass production. The foregoing grant includes KWC’s right to make full of and benefit from any proprietary rights in such posting of submission, including, but not limited to, your right under copyright, trademark, service mark, patent, or any other intellectual property laws, under any relevant jurisdiction.

By participating in our Programs, Products and Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Service in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or in the future.  Should we choose to use material containing you, your voice, and/or audio recordings, your name will not be disclosed outside of your current Program participation without your advance permission.

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 or screen name on social media. You acknowledge that we have the right but not the obligation to use and display your social media postings, and that we may elect to cease the use and display of your postings at any time. No social media postings will be shared outside of KWC social media groups without your advance permission.

Disclaimer

As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Program, Product or Service, which is done at your own risk.

Your use of any information or materials through our Programs, Products or Services accessible on or through this Website or otherwise is entirely at your own risk, and at your clients’ own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services. You assume responsibility for your choices, actions, use or nonuse of any of the information in our Programs, Products and Services, and you acknowledge that you are using, or not using, a Program, Product or Service at your own risk.

We explicitly state that the information provided to you in our Programs, Products, or Services are not diagnosing or treating a physical or mental health problem or disease, or prescribing medication, or other treatment in any way whatsoever.  We are not, and we are not holding ourselves out as, a doctor, medical health practitioner, psychologist, therapist, licensed nutritionist, registered dietician, financial consultant, or religious clergy member, and we make no claims in this regard.

Nothing contained in the Program, Product or Service is intended to be a substitute for the medical diagnosis or treatment that can be provided by your and your clients’ physician, mental health provider, or another qualified health care professional. You and your clients should always should seek the advice of your physician, mental health provider, or another qualified health care provider regarding any specific medical condition.

You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, and spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product or Service, for you or for any of your clients.

We cannot and do not guarantee that you or your clients will attain a particular result, and you accept and understand that results differ for each individual.

We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through any of our Programs, Products or Services by you or by your clients.

We are not responsible for, or liable for, ensuring that our Programs, Products, or Services are compliant with the laws of any city, county, state, province, or country. There are several laws and regulations that may impact the design of your wellness programs. You alone are responsible for assuring that any workplace wellness program and/or service offering that you make to your clients meet and are compliant with all laws and regulations. In the United States, these laws may include, but are not limited to, the Genetic Information Non-Discrimination Act (GINA), Health Insurance Portability and Accountability Act (HIPPA), Americans with Disabilities Act (ADA), and the Equal Employment Opportunity Commission (EEOC), among others.  It is strongly recommended that you research your relevant city, state, county, province and country laws and regulations, as applicable, and speak with your own legal counsel prior to marketing any of your own wellness programs or any of our Programs, Products or Services to any of your clients as the law is subject to change at any time.

THE INFORMATION IN THE PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAM, PRODUCT OR SERVICE FOR ANY PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM, PRODUCT OR SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, PRODUCT OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM, PRODUCT OR SERVICE MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with this Program, Product or Service, including by your use or inability to use any information obtained on or through the Program, Product or Service, any websites linked thereto, and/or any material posted on the Website, private Facebook group page, or in any other way through the Program, Product or Service by us or by others, including without limitation any liability for any accidents, delays, injuries, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Indemnification and Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall anyone related to our  Company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, Product or Service, including its materials or third-party materials made available through the Program, Product or Service, even if we are advised beforehand of the possibility of such damages.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product or Service participant or user, including but not limited to you and your clients.

You agree at all times to defend, indemnify and hold harmless the Company, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products or Services as experienced by you, anyone affiliated in any way with your business, and/or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these T&C.

These T&C 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 enrolling in, purchasing and/or using any of our Programs, Products or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Links to External Websites or Use of Social Media

From time to time our Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over that other website or social media. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us, are not governed by these Terms and Conditions and Privacy Policy.

You should exercise caution and look at the privacy statement of the website or social medial sites you are visiting or using.  Use of external links to other sites or social media do not signify that we endorse them. We bear no responsibility for the content of the linked website(s) or social media websites.

We accept no liability for any of the views, facts, opinions, or references in the Program, Product or Service whatsoever. Information posted on this Website related to this Program, Product or Service or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.

Your Conduct

You must not use our Program, Product or Service, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you. You may not use our Program, Product or Service, or any aspect related to it, in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
  • To cause annoyance, inconvenience or needless anxiety to anyone or anything
  • To impersonate any third party or otherwise mislead as to the origin of your content
  • To reproduce, duplicate, copy, alter or resell any of our content in contravention with these T&C or any other agreement with us.


Online Commerce

If paying by PayPal or credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Program for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.

In the event that payment is not received by the date due, whether paying in full or by installment, you will have forty-eight (48) hours to make the payment otherwise the Program, Product or Service will not continue.

If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our Program, Product or Service at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program, Product and/or Service after the forty-eight (48) hour window to seek a refund according to the Refund Policy below.

When you purchase this Program, Product or Service, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.

You agree to be financially responsible for all purchases made by you. You agree to purchase and use the Program, Product or Service for legitimate, personal or limited commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of this Program, Product or Service.

You agree to only purchase this Program, Product or Service for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

Refund Policy

Your satisfaction with your Program, Product or Service is important to us. If this Program, Product or Service is not the right fit for you, we will gladly refund you 100% of your purchase price within forty-eight (48) hours of your purchase, provided that you submit an e-mail to info@kellywc.com  explaining why, and we will issue a refund of the purchase price. 

If a refund is issued to you, you must cease using any of our Program, Product or Service materials immediately upon receipt of your refund. You must remove them, or references to them, from your Website, sales pages, e-mail communications, social media, and any other method of communication within twenty-four hours (24) hours after your refund has been received. You may not continue to use or sell any portion of the Program, Product or Service in any way following your refund or you will be violating these T&C.

All T&C set forth herein, and all copyright, trademark, and intellectual property rights remain indefinitely, even after a refund is provided.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Program, Product, Service and/or our Website, private Facebook group page, e-mail communications, or any other method of communication related to the Program, Product or Service at any time without notice. Should you wish to terminate the Program, Product or Service by seeking a refund, these termination terms will apply to you as well.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Program, Product, Service or our Website, private Facebook group page, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to material received for the Program, Product or Service and all of the disclaimers and limitations of liabilities set forth in these T&C, shall survive such termination of your access and apply in full force.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the National Arbitration Rules of Canada. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to me via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.

By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in the city of St. Albert in the province of Alberta, Canada, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

These T&C and Privacy Policy shall be construed according to the laws of the city of St. Albert, province of Alberta, and country of Canada.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If this T&C and Privacy Policy, or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the T&C and Privacy Policy which shall be given full force and effect.

If you have any questions about any term of these T&C, please contact us info@kellywc.com. Thank you.

SECTION 2: Privacy Policy 

[Updated May 25, 2018 for GDPR Compliance]

Background:

Kelly Wellness Consulting Inc. understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. AND/OR You will be required to read and accept this Privacy Policy when signing up for our programs and services. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

Definitions and Interpretation

In this Policy the following terms shall have the following meanings: 

 

“Account”

means an account required to access and/or use certain areas and features of Our Site;

“Cookie”

means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;

“Our Site”

means this website, www.kellywc.com;

“Canada and EU Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and

“We/Us/Our”

means Kelly Wellness Consulting Inc. [an incorporated company registered in Canada] whose registered/main trade address is: PO Box 80505 Bellerose PO, St. Albert, Alberta, Canada, T8N 7C3.

 

  1. Information About Us

Our Site, www.kellywc.com  is owned/operated by Kelly Wellness Consulting Inc., a limited company registered in Canada. 

Our contact information is:

PO Box 80505 Bellerose PO

St. Albert, Alberta, Canada

T8N 7C3 

Email: info@kellywc.com

Telephone #: 780.651.8187

 

  1. Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them. 

  1. What Data Do We Collect?

Some data will be collected automatically by Our Site [for further details, please see section 12 on Our use of Cookies], other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending upon your use of Our Site, We may collect some or all of the following data:

  • name;
  • date of birth;
  • gender;
  • business/company name
  • job title;
  • profession;
  • contact information such as email addresses and telephone numbers;
  • demographic information such as post code, preferences and interests;
  • financial information such as credit / debit card numbers;
  • IP address (automatically collected);
  • web browser type and version (automatically collected);
  • operating system (automatically collected);
  • a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected).

 

  1. How Do We Use Your Data?
    • All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below.
    • We use your data to provide the best possible products, programs, and services to you. This includes:
      1. Providing and managing your Account;
      2. Providing and managing your access to Our Site;
      3. Personalising and tailoring your experience on Our Site;
      4. Supplying Our products, programs and services to you;
      5. Personalising and tailoring Our products, programs and services for you;
      6. Responding to communications from you;
      7. Supplying you with emails (e.g. workplace wellness newsletters, publications, tip sheets, invites to our programs and online communities, etc.) that you have subscribed to. You may opt-out at any time by unsubscribing to our emails in the bottom of our email as provided through Aweber, our email provider.
      8. Market research;
      9. Analysing your use of Our Site [and gathering feedback] to enable Us to continually improve Our Site and your user experience.
    • In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the products, programs, and services We can provide you without your consent for Us to be able to use such data.
    • With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone or text message AND/OR post with information, news and offers on Our products, programs and services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
    • Advertisers whose content appears on Our Site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.
    • Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
      1. you have given consent to the processing of your personal data for one or more specific purposes;
      2. processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
      3. processing is necessary for compliance with a legal obligation to which we are subject;
      4. processing is necessary to protect the vital interests of you or of another natural person;
      5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
      6. processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. 
  1. How and Where Do We Store Your Data?
    • We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy. Our Data Retention Policies are:
    • Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.
    • Data security is of great importance to Us, and to protect your data We have put in place where possible, physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
    • Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet. 
  1. Do We Share Your Data?
    • We may contract with third parties to supply products, programs and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. We currently work with Stressmaster International in the provision of our professional development and extended program training offerings and refer KWC Certified Ambassadors to this organization.
    • We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
    • In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us. 
  1. What Happens If Our Business Changes Hands?
    • We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.
    • In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller. 
  1. How Can You Control Your Data?
    • When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details AND/OR by managing your Account.
    • You may also wish to sign up to one or more of the preference services operating in Canada or your own country: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
  2. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
    • You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
    • You may restrict your internet browser’s use of Cookies. For more information, see section 12 and Our Cookie Policy Insert Link.
    • You may withdraw your consent for Us to use your personal data as set out in section in 5 at any time by contacting Us using the details set out in section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible products, programs and services to you. 
  1. How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at info@kellywc.com or using the contact details below in section 14. 

  1. What Cookies Do We Use and What For?
    • Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products, programs and services. For more details, please refer to section 5, above, and to section 12.6 below. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.
    • By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site.
    • All Cookies used by and on Our Site are used in accordance with current English and EU Cookie Law.
    • Certain features of Our Site depend on Cookies to function. Canada and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 12.10, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
    • The following first party Cookies may be placed on your computer or device:

Google Analytics – so we can gain clarify on the content topics you find most supportive and helpful, and so that we can create more of it. (Note: Google does not have access to this data.)

Facebook Pixel Tracking – so we can track the effectiveness of our advertising on that social platform. (Not your email, just anonymous IP addresses)

Siteground – this is the company that hosts our website – your anonymous information is kept in the server logs so Siteground can identify and stop bad bot attacks when they occur

Cloudflare – this service provides a service that identifies and stops bad bot attacks.

Aweber – this is the service from which we manage our email services in order to provide you with your products, services and other offers and information.

whitesquare GmbH – this is the service that provides all of the forms we utilize on our website and passes it through to ActiveCampaign in order to allow us to fulfill your orders and information requests.

Ruzuku – this is the application we utilize to manage our product/program/service sales and membership platform. Data collected will be for the purpose of program registration, participant tracking, and certifciation purposes only in our program or service offerings.

                      

Our program and services payment gateways include:

  • Paypal
  • Stripe via Ruzuku payment portal
  • You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
  • You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
  • It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings. 

Viewing by Third Parties. Note that whenever you make your personal information available for viewing by third parties through our Programs, Products or Services, such as on or through our Website or the private Facebook group page, the information you share also can be seen, collected and used by third parties, and therefore, we cannot be responsible for any unauthorized third party use of such information that you voluntarily share online or in any other manner.

Passwords. To use certain features of our Programs, Products and Services, you may be issued a unique or group username and password, which you will receive through your registration and/or purchase process. You may have the opportunity to change your login and password. In either case, you are responsible for maintaining the confidentiality of your username, password and account information, and you are responsible for all activities (whether by you or by others) that occur under your username, password or account.

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, Product or Service, Website and/or 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.

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.

By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false 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.

13. Summary of Your Rights under GDPR

Under the GDPR, you have:

  • the right to request access to, deletion of or correction of, your personal data held by Us;
  • the right to complain to a supervisory authority;
  • be informed of what data processing is taking place;
  • the right to restrict processing;
  • the right to data portability;
  • object to processing of your personal data;
  • rights with respect to automated decision-making and profiling (see section 14 below).

To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us using the details set out in section 15 below.

 

  1. Automated Decision-Making and Profiling

14.1 In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us.

 14.2 The right described in section 14.1 does not apply in the following circumstances:

  1. The decision is necessary for the entry into, or performance of, a contract between the You and Us;
  2. The decision is authorised by law; or
  3. You have given you explicit consent.

 Where We use your personal data for profiling purposes, the following shall apply:

  1. Clear information explaining the profiling will be provided, including its significance and the likely consequences;
  2. Appropriate mathematical or statistical procedures will be used;
  3. Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
  4. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling. 
  1. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email:  info@kellywc.com, by telephone: 780.651.8187,  or by post: PO Box 80505 Bellerose PO

St. Albert, Alberta, Canada, T8N 7C3.

Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).

  1. Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

 

If you have any questions about any terms of this Privacy Policy, please contact us at info@kellywc.com. Thank you.

 

 

 

 

 

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