fbpx

Terms, Disclaimer & Privacy Policy

PRIVACY POLICY

This Privacy Policy describes how and when I collect, use, and share information when you purchase an item from me, contact me, sign-up for my email newsletter, sign-up for free e-courses or otherwise use my services through my website, nicolepiar.com.

This Privacy Policy does not apply to the practices of third parties that I do not own or control, including third party services or websites you access through my website. You can reference their Privacy Policies to learn more about their privacy practices.

INFORMATION I COLLECT

To fulfill your order, you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product that you’re ordering.

You may also choose to provide me with additional personal information (for a commissioned painting, illustration project or a customized message) that will be used to fulfill your order.

Name and email address so that I can deliver digital products and my newsletter to you.

Name and an email address if you complete my contact form with a question. I may send you emails with either your consent or if I believe I have a legitimate interest to contact you based on your contact or question.

The information above (“Personal Data”) that you are giving to me is voluntarily, and by you providing this information to me you are giving consent for me to use, collect and process this Personal Data. You are welcome to opt-out or request for that I delete your Personal Data at any point by contacting me info@adrikyser.com

If you choose not to provide me with certain Personal Data, you will not be able to purchase a product, receive my newsletter, or receive digital products.

Financial Data:  Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data.  Most financial data is transferred to our payment processors, STRIPE and PAYPAL, and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. As a courtesy, STRIPE’S Privacy Policy can be found here: https://stripe.com/ca/privacy. PAYPAL’S Privacy Policy can be found here: https://www.paypal.com/ca/webapps/mpp/ua/privacy-full 

Social Networking Data:  We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, 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 us to access this information, please go to the specific social networking site and change your privacy settings.

Mobile Device Data:  If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

Other data: On occasion, you may give us 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.

OTHER INFORMATION I MAY COLLECT

Anonymous Data Collection and Use

I may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful for marketing purposes and for improving my services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.

Use of “Cookies”

I may use the standard “cookies” feature of major web browsers. I do not capture any personally identifiable information in cookies, nor do I employ any data-capture mechanisms on my Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on my Website and cause some features to not work properly.

WHY I NEED YOUR INFORMATION AND HOW I USE IT

I rely on a number of legal bases to collect, use, and share your information, including:

  • as needed to provide my services, such as when I use your information to fulfill your order, to process your payment, to settle disputes, or to provide customer support;
  • when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list or signing up for a digital product;
  • if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
  • as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services

Legitimate Interest. I may contact you if I believe you have a legitimate interest in hearing from me. For example, if you purchase a Crystal, I may send you an email letting you know about my free Crystal healing course on how to use your crystals.

INFORMATION SHARING AND DISCLOSURE

Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:

Service providers. I engage certain trusted third parties to perform functions and provide services to my shops, such as shipping companies, my newsletter provider, and my website hosting service (based in the US). I will share your personal information with these third parties, but only to the extent necessary to perform these services.

Business Transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.

Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.

DATA RETENTION

I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 5 years.

Submission, Storage, and Sharing:

Personal Data that you provide to me is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., my hosting provider, newsletter provider, payment processors, shipping services, Google Cloud which is Privacy Shield certified, or team members).

TRANSFERS OF PERSONAL INFORMATION OUTSIDE THE EU

I may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, I may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction.

By using my Website and providing me with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.

YOUR RIGHTS

If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:

Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.

Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.

Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.

Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.

UNSUBSCRIBE

You may unsubscribe from my email newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact me at info@adrikyser.com

ANTI-SPAM POLICY

I have a no spam policy and provide you with the ability to opt-out of my newsletters by selecting the unsubscribe link at the footer of all e-mails. I will not sell, rent or share your email address.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

I do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). My Website and its content is directed to individuals who are at least 18 years old or older.

NOTIFICATION OF CHANGES

I may use your Personal Data, such as your email address, to inform you of changes to the Website or its content. I reserve the right, at my sole discretion, to change, modify or otherwise alter my Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting my updated Privacy Policy. Continued use of any of the information obtained through or on this Website or its content following the posting of changes and/or modifications constitutes acceptance of the revised Privacy Policy. Should there be a material change to my Privacy Policy, I will contact you via email or by a prominent note on my Website.

TERMS & CONDITIONS

TERMS

The Website and its Content is owned by Inner Beauty Yoga LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of www.adrikyser.com www.adrikyserprograms.com and www.innerbeautyyoga.com  (“Websites”).

Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.

WEBSITE AND CONTENT

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.

The materials and content contained on this website are for general health information only and are not intended to be a substitute for professional medical advice, diagnosis or treatment.

Users of this website and the programs presented should not rely exclusively on information provided here for their own health needs. All specific medical questions should be presented to your own health care provider.

The authors make no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained or referenced in this program.

NO REFUNDS for any reason will be offered for any Online programs. All sales are FINAL.

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

When you purchase or access our Website or any of its Content, you agree that 

  • You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
  • You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
  • You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
  • You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.
  • We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort, and expense and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

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 on or through our Websites such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, 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 contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

TRADEMARKS

Inner Beauty Yoga LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Inner Beauty Yoga LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Inner Beauty Yoga LLC. All other trademarks not owned by Inner Beauty Yoga LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Inner Beauty Yoga LLC or its subsidiaries.

REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to adri@adrikyser.com

We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights to our Website and its Content.

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk.  You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse or non-use of this Website or any of its Content.

DISCLAIMER

Our Website and its Content are for informational and educational purposes only. 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 others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, 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. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

MEDICAL DISCLAIMER

This Website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional.

Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional.

If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

INDEMNIFICATION

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.

We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.

RELEASE OF CLAIM

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

ONLINE COMMERCE

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

RISK OF LOSS

All items purchased from My Websites are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Inner Beauty Yoga LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Inner Beauty Yoga LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Inner Beauty Yoga LLC and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Inner Beauty Yoga LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Inner Beauty Yoga LLC or its associates for all claims resulting from content you supply.

Inner Beauty Yoga LLC has the right but not the obligation to monitor and edit or remove any activity or content. Inner Beauty Yoga LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

TERMINATION

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

If you have any questions about these T&C, please contact us at adri@adrikyser.com

APPLICABLE LAW

By visiting My Websites, you agree that the laws of the State of TEXAS, Denton County, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Inner Beauty Yoga LLC or its associates.

DISPUTES

Any dispute relating in any way to your visit to My Websites or to products you purchase through My Websites shall be submitted to confidential arbitration in the State of TEXAS, Denton County, USA, except that, to the extent you have in any manner violated or threatened to violate Inner Beauty Yoga LLC’s intellectual property rights, Inner Beauty Yoga LLC may seek injunctive or other appropriate relief in any state or federal court in the state of State of TEXAS, Denton County, USA, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Retreats, Programs Privacy Policy:

Each participant is asked to pay for his/her own participation in any of my Retreats and Programs. The Retreats and  Program’s videos, printable and downloadable documents, and other such content are not to be shared with others. A lot of time, talent, and expenses were put forth to create this Program, so please respect our policy to keep this valuable information safe, secure, and only accessible to you.

If you are a current client of Adri Kyser, you are eligible for client’s discount if you enroll in her Enlightened Alchemy Group program and/or private coaching program. You may receive some free bonuses as long as you have paid in full or are current on your payment plan agreement. If you become delinquent on any payment, you will be removed from her program and any additional bonus programs received upon enrollment.

Retreats Policy:

Each participant is asked to pay for his/her own participation in any of my Retreats. In order to complete your purchase you have to check the box agreeing to the following terms and conditions outlined in this page. If you fail to click that box, you won’t be able to register and participate in the retreat. The terms and conditions include the non-refundable deposit shown on the retreat’s website sales page. Once your payment(s) has been sent to the 3rd parties in the host country to cover the expenses related to your participation in the retreat, you are limited to their refund policy. There are no refunds 90* days prior to the retreat starting date.  

Payments made for the retreats are subject to the 3rd party’s strict no-refund policy. If you cancel your participation between 90* 120 days before the retreat starts, a partial refund may be given only after all the credit card and transfer fees, the non-refundable deposit (as shown on the retreat’s page), and all payments already sent to the 3rd party vendors (to cover your reservation expenses) have been deducted from your balance. 

*Depending on each country and their vendors, the cancelation policy requires a minimum of 120 days (not 90 days) prior to the retreat starting date for a partial refund. The refund amount will reflect the remaining balance after fees, 3rd vendor expenses, and non-refundable deposits have been deducted from your payments. 

HOW TO CONTACT ME

For purposes of EU data protection law, Inner Beauty Yga LLC, is the data controller of your personal information. If you have any questions or concerns, you may contact me at info@adrikyser.com

~Thank You

Take Responsibility for Your Health.