TERMS & CONDITIONS OF USE
Last updated: 24 May 2018
This website is owned and operated by Alchemist Eating. My mailing address is 1017 Eighth Street, Nelson, BC, V1L3B4. You must be at least sixteen years of age to use my website. Use of this website is at your own risk. I host my site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of Alchemist Eating or the properly attributed party. It is a violation of federal law to use any of my intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should I choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using my intellectual property immediately.
You may use my intellectual property with clear and obvious credit back to my site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of my intellectual property as your own or your unique creation, even with attribution.
I maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
My website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless my website and company for any direct or indirect loss or conduct incurred as a result of your use of my website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While I may reference certain results, outcomes or situations on this website, you understand and acknowledge that I make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. I expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while I try to make accurate statements in a timely and effective manner, I cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let me know, please email me at email@example.com
This site may use affiliate links to sell certain products or services. I disclaim any and all liability as a result of your purchase through one of these links. I will use reasonable efforts to notify you when and where I have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time I feel you have violated these Terms and Conditions, then I shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within my sole discretion to allow any user’s access of our website, and I may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
Refunds & Payment Collection
I take your investment seriously, and I’d appreciate if you took my investment of time and resources into your success seriously too. Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
I offer the opportunity for you to volunteer certain information to me that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but I reserve the right to maintain a database of past email subscribers. I reserve the right to use this information as reasonably necessary in my business and as provided by law. I do not ever sell your information to third parties.
Law & Jurisdiction
INFORMATION THAT I COLLECT
Personal Data: Personal data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving me this information by providing it to me voluntarily on my website or any mobile application. You provide some of this information when you register with or make purchases from my website. You may also provide this information by participating in various activities associated with my site, including responding to blogs or contacting me with questions. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from my website or from making purchases. ***For clients/patients, HIPPA regulations also apply (see below).
Derivative Data: Derivative data is information that my servers automatically collect about you when you access my website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, my servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with my application.
Social Networking Data: I may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Pinterest, YouTube, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want me to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use my website via a mobile device or app, I may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other Data: On occasion, you may give me additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
Mobile Application Information: If you connect with me using a mobile application, I may request geolocation information, which includes permission to track your mobile device, in order to provide you location-based services. I may also request access to certain features on your device, including your device’s calendar, camera, contacts, social media accounts, bluetooth, and storage. I may also send you “push notifications” regarding your account or my mobile application. If you wish to change our access to any of this information, you may do so by changing your device settings.
HOW I USE YOUR INFORMATION
Your information allows me to offer you certain products and services, including the use of my website, to fulfill my obligations to you, to customize your interaction with my company and my website, and to allow me to suggest other products and services I think might interest you. I generally store your data and transmit it to a third party for processing. However, to the extent I process your data, I do so to serve my legitimate business interests (such as providing you with the opportunity to purchase my goods or services and interact with my website or mobile app).
Specifically, I may use the information and data described above to:
- Create and administer your account; and
- Deliver any products or services purchased by you to you; and
- Correspond with you; and
- Process payments or refunds; and
- Contact you about new offerings that I think you will be interested in; and
- Interact with you via social media; and
- Send you a newsletter or other updates about my company or website; and
- Deliver targeted advertising; and
- Request feedback from you; and
- Notify you of updates to my product and service offerings; and
- Resolve disputes and troubleshoot any problems; and
- Administer contests or giveaways; and
- Generate a profile that is personalized to you, so that future interactions with my website will be more personal; and
- Compile anonymous statistical data for my own use or for a third party’s use; and
- Assist law enforcement as necessary; and
- Prevent fraudulent activity on my website or mobile app; and
- Analyze trends to improve my website and offerings.
WHY I DISCLOSE YOUR INFORMATION
The following are specific reasons why I may share your information.
Third Party Processing: I may disclose your information to third parties who assist me with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third Party Processing” Section below.
By Law: I may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect My Company: I may use your information to protect my company, including to investigate and remedy any violations of my rights or policies. I may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Advertisers: In the future, I may use third party advertising companies to run and manage ads on my website. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. I cannot control the activities of, such other advertisers or websites. You should consult the respective Privacy Policies of these third party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Other Third Parties: I may share information with advertisers, investors, or other third parties for the purpose of conducting general business analysis. If I do so, I will make reasonable efforts to inform you if required by law.
Interaction with Others: If you interact with others on my website or mobile app, other users may have access to some of your data, including your name, profile picture, and your history of interaction with my website, such as prior comments or posts.
Online Postings: When you post online, your posts may be viewed by others, and I may distribute your comments outside the website.
External Links: My website may include hyperlinks to other websites not controlled by me. I suggest you exercise caution when clicking on a hyperlink. Although I use reasonable care in including a hyperlink on my own web page, I do not regularly monitor the websites of these third parties, and I am not responsible for any damage or consequences you suffer by using these hyperlinks. I am not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by mine. I encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than I do.
Other Purposes: I may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or my company.
Cookies, Log Files and Web Beacons: Like many other websites, I make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track a user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
PROCESSING YOUR INFORMATION
For the most part, I do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to me. So in many instances, it will be necessary for me to transmit your information to a third party processor, as I do not have the capability to perform these functions. More detail on third party processing is detailed below.
However, I may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and my need to conduct my legitimate business interests. My purposes in processing this information, if I do, is to administer, maintain, and improve my website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with my legal obligations, to obtain professional advice, and to protect the rights and interests of my company, my customers (including you), and any third parties. I may process the following data:
- Data associated with your account, such as your name, address, email address and payment information.
- Data about your usage of our website, such as your IP address, geographical information, and how long you accessed my website and what you viewed.
- Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
- Data that you provide to me in the course of using my services.
- Data that you post on my website, such as comments or responses to blogs.
- Data that you submit to me when you make an inquiry regarding my website or offerings.
- Data related to your transactions with me, including your purchase of my goods or services. This information may include contact details and payment information.
- Data that you provide to me when you subscribe to my emails or newsletters, including your email address and contact information.
- Data that you submit to me via correspondence, such as when you email me with questions.
- Any other data identified in this policy, for the purpose of complying with my legal obligations, or to protect the vital interests of you or any other natural person.
My website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.
I retain personal data as long as it is needed to conduct my legitimate business purposes or to comply with my legal obligations, or until you ask me to delete your data. For example, I will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that I gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by me for any of the purposes listed above will be permanently deleted.
You may request that I delete your data at any time. However, note that I cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom I’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from me a list of all third parties to whom I have transmitted your data.
SECURITY OF YOUR INFORMATION
I take all reasonable steps to protect your personal data and keep your information secure. I use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. I cannot guarantee complete security of any information you transmit to me.
I will notify you of promptly any known breach of my security systems or your data which might expose you to serious risk.
This website is not designed for use by children under age 16, and I do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use my website or related products or services. If you become aware that I have collected data of anyone under the age of 16, please contact me so that I may delete that data.
You have certain rights with respect to your personal data, as outlined below. Note that I may charge you a reasonable fee for actions that you ask me to take with respect to your data. In addition, I reserve the right to request that you provide me with evidence of your identity before I take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with my compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to me. To update or delete your information, please contact me at firstname.lastname@example.org
Confirm Personal Data & Its Use: You have the right to request that I confirm what data I hold about you, and for what purposes. You also have the right to confirmation of whether I process your data or deliver your data to third party processors, and for what purposes. I will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to my use of your information. In such cases, I may require you to delete your account with me, as described above, and you may not have full access to my website.
Request a Copy of Data: You have the right to request a digital copy of the data that I hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that I gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that I delete all data that I hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defence of legal claims. Such a request may result in a termination of your account with me and you may have limited or no use of my website.
Emails & Communications: You may opt out of receiving future email correspondence from me by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting me at email@example.com
Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting me at firstname.lastname@example.org
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, I will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to my website.
CALIFORNIA PRIVACY RIGHTS
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from me, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom I disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that I remove any data that you publicly post on my website. To request removal of your data, please use the contact information listed below. Note that while I will remove your data that is publicly posted on my website, I may not be able to completely remove that data from our systems.
***HIPPA PRIVACY LAWS
Because I am a licensed health practitioner, I may collect additional personal data from you if you sign on as a client/patient. With all such information, I operate in strict adherence with HIPPA privacy laws. For this reason, the full names of clients offering testimonials are not posted on this website. I will only post your testimonial comments if you give me explicit permission for use of your testimonial on this website.
I offer the opportunity for you to volunteer certain information to me that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but I reserve the right to maintain a database of past email subscribers. I reserve the right to use this information as reasonably necessary in my business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting my business, such as through Facebook ads or Google Pay Per Click marketing campaigns. I do not ever sell your information to third parties.
The information contained herein constitutes the entire agreement between site users and my company relating to the use of this website.
Law & Jurisdiction
Dana Leigh Lyons