The Company respects the privacy concerns of the users of its Website, Program and Materials and is committed to protecting the privacy of its users. This section informs you of our policies regarding the collection, use and disclosure of personal information we receive from users (the “Privacy Policy”). We use your personal information only for providing and improving the Website and/or Program. By using the Website and/or Program, you agree to the collection and use of information in accordance with this Privacy Policy.

As the Program is delivered via the Kajabi platform (“Kajabi”), and payments for same are processed via Stripe, your use of the Program is also governed by the terms of use and/or privacy policies of Kajabi, LLC, a California limited liability company, and Stripe Inc., a California company. Please also review the Kajabi® website Terms of Use and Privacy Policy, and that of Stripe.

This Privacy Policy refers only to information collected through our Website and the Program, and does not apply to information collected in person at events, during coaching calls or via social media.

What is Considered Personal Information?

Personal information includes, but is not limited to, information such as your name, address, email address, geographic location, purchase history, gender, credit card information, browsing habits on our Website and the Program, and metadata.

What Information Do We Collect?

We may collect information from you when you register for an Account, enrol in the Program, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another Website and/or Program feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information.

You may visit the Website anonymously; no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Website. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.

We May Process the Following Categories of Personal Data About You

(a) “Communication Data” that includes any communication that you send to us whether that be through a contact form on our Website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

(b) “Customer Data” that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

(c) “User Data” that includes data about how you use our Website and/or Program together with any data that you post for publication on our Website, Program and/or through other online services. We process this data to operate our Website and Program and ensure relevant content is provided to you, to ensure the security of our Website and Program, to maintain back-ups of our Website and/or Program and/or databases and to enable publication and administration of our Website, Program, or other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Website and Program.

(d) “Technical Data” that includes data about your use of our Website and Program such as your IP address, your login data, details about your browser, length of visit to pages on our Website, page views and navigation paths, details about the number of times you use our Website, time zone settings and other technology on the devices you use to access our Website and/or Program. The source of this data is from our and/or Kajabi’s analytics tracking system. We and/or Kajabi process this data to analyse your use of our Website and Program, to administer and protect our business and Website, to deliver relevant Website and/or Program content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Website and our Program and to grow our business and to decide our marketing strategy.

(e) “Marketing Data” that includes data about your preferences in receiving marketing from us and related third parties and your communication preferences. We process this data to enable you to partake in our promotions such as sales offers, affiliate offers, free contests with give-aways, to deliver relevant Website and/or Program content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant Website and/or Program content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

Ordering Products/Services on Our Site

We or our third party service providers will request information from you on our order forms for purchase of access to the Program. To buy from us, you must provide contact information and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

Sensitive Data

“Sensitive data” refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data, UNLESS it pertains to your reason for engaging in one of the Program, to assess whether or not the Program is the right fit for you. We do not collect any Sensitive Data about you. We do not collect any information about criminal convictions and offences.

Use of Cookies

Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. As you browse the Site, advertising cookies will be placed on your computer so that we can understand what you are interested in. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. To opt out of cookies, find and select the settings tab of your internet browser and click “block third party cookies and site data” or de-select the “accept cookies” box. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Website and/or Program may not function properly or may be considerably slower.

To view the cookies Kajabi uses, please view : https://kajabi.com/policies/cookie-notice

Do We Disclose the Information We Collect to Outside Parties?

We do not sell, trade, or otherwise transfer to outside parties your PII unless we provide you with advance notice, except as described below. This does not include Website and/or Program hosting partners and other parties who assist us in operating our Website, conducting our Program, delivering our Materials, or otherwise servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce these Terms and Privacy Policy, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Disclosure of Your Personal Data

We may have to share your personal data with the parties set out below:

(a) service providers who provide IT and system administration services;

(b) professional advisers including lawyers, bankers, auditors and insurers;

(c) government bodies that require us to report processing activities; and

(d) third party technology platforms and advertisers that support the running and growth of the Company.

You may view the privacy policies of the following platforms and companies that we work with here: Kajabi: https://kajabi.com/policies/privacy and https://stripe.com/en-ca/privacy

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

How Do We Use Your Information?

We may use the information we collect from you when you register an Account, purchase access to the Program, enter a contest or promotion, respond to a survey or marketing communication, surf the Website, or use certain other site features:

(a) to personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested;

(b) to allow us to better service you in responding to your customer service requests;

(c) to quickly process your transactions;

(d) to administer a contest, promotion, survey or other site feature; and

(e) if you have opted-in to receive our email newsletter, free challenges, or a free ebook, we will send you educational and marketing emails.

If you would no longer like to receive promotional email from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below.

If you have not opted-in to receive email newsletters and/or other marketing communications, you will not receive these emails.

Visitors to the Website who register or participate in other site features such as marketing programs or Program-specific content or Materials will be given a choice whether they would like to be on our email list and receive e-mail communications from us.

The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Website and/or Program, or anyone else that could be harmed by such activities.

The Company may also be required to disclose PII in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Data Security

Security for all PII is extremely important to us. We and our related third party service providers have implemented technical, administrative and physical security measures to attempt to protect your PII from unauthorized access and improper use. Only employees who need the information to perform a specific job (for example, customer service) are granted access to PII. We and our third party service providers have put in place security measures to prevent your personal data from being accidentally disclosed, used or otherwise accessed without authorization. We also allow access to your personal data only to those employees and partners who need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to the best of our ability to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company or our third party service providers, you accept that you do so at your own risk. We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (“SSL”) technology and then encrypted into our or our third party service providers’ databases to be only accessed as stated above. Credit card payments are processed via Stripe. By purchasing access to the Program and/or Materials through our Website, or any connected domain, you are aware of and take responsibility for any risk associated with the credit card transaction, including but not limited to security breaches and sharing of personal information. You may view Stripe’s privacy policy here: https://stripe.com/en-ca/privacy

Data Retention

We and our third party service providers will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we and our third party service providers look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, and if these can be achieved by other means and legal requirements. The law may require us to keep certain basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a defined period after they stop being customers. In some circumstances we may anonymise your personal data for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Third Party Links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent terms of use and/or privacy policies. The inclusion of a link our Website or through our Program does not imply the Company’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. The Company does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. The Company is also not responsible for any information that you might share with such linked websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk. Nonetheless, we seek to protect the integrity of our Website and/or Program and welcome any feedback about these linked sites (including if a specific link does not work).

Malware/Spyware/Viruses

Neither the Company nor the Website knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Bulletin Boards and Chat Areas

Users of the Program are solely responsible for the content of messages they post on the Program’s forums. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on any forums, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Choice/Opt-Out

To modify your email subscriptions, you can find an unsubscribe link at the bottom of each email. Please note that due to email production schedules you may receive any emails already in production. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Transfer of Information Across National Borders

Our Website, Program, Materials and various information we collect are stored and/or operated on servers located in various jurisdictions, including the United States. When you access or use the Website, the Program, and/or the Materials, personal information about you may be transferred outside the country in which you are situated to these other locations.

Access to and Control Over Your Personally Identifiable Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website and/or in these Terms and Privacy Policy:

(a) See what data we have about you, if any.

(b) Change/correct any data we have about you.

(c) Have us delete any data we have about you, if applicable.

(d) Express any concern you have about our use of your data.

9.THIRD PARTY WEBSITES

The Website, Program and/or Materials may contain links to websites on the Internet unrelated to Morgan Lee Snow (“Third Party Websites”). Any such links to Third Party Websites have been provided solely as a convenience. You may also encounter our Materials or advertisements for our Website and/or Program on Third Party Websites, including social media sites. We do not control or endorse these Third Party Websites, nor do we review or approve the content that appears on such websites. Morgan Lee Snow therefore expressly disclaims responsibility and liability for any such content. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, any of your activities or interactions with elements of such Third Party Websites outside of our control, or for the content, goods, or services available on or through such Third Party Websites.

Additionally, you may choose to share information about your activities in connection with our Website, Program, and/or Materials with users of other services, including social media services, via tools we provide you with access to or otherwise. Please note that we are not and shall not be responsible for any content you share in this manner.

Please consult the Privacy Policies and Terms of Use for any Third Party Websites we link to or on which our Materials or advertisements appear as well as any services by way of which you share information relating to your activities in connection with our Website and/or Program for more information about how such websites and services govern your activities and use your information.

10.DISCLAIMER OF WARRANTIES

WE PROVIDE THE WEBSITE, PROGRAM AND MATERIALS ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. MORGAN LEE SNOW DOES NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE SERVICES AND/OR DIGITAL PROPERTIES:

(A) ARE RELIABLE OR WILL BE UNINTERRUPTED;

(B) WILL BE FREE OF DEFECTS OR ERRORS;

(C) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE;

(D) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE; OR

(E) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.

MORGAN LEE SNOW MAKES NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND YOUR USE OF AND ACCESS TO THE WEBSITE, PROGRAM AND/OR MATERIALS IS ENTIRELY AT YOUR OWN RISK. MORGAN LEE SNOW EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, PROGRAM AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY, AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

IN JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW. MORGAN LEE SNOW DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD-PARTY VIA BEUNISON OR ANY LINKED OR OTHER THIRD-PARTY PROPERTY.

11.DISCLAIMER OF LIABILITY AND INDEMNIFICATION

Under no circumstances will Morgan Lee Snow be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other harm, loss, damages or injury of any kind that are directly or indirectly related to your access or use of the Website, Program, Materials, any User Generated Material, your data, your Account or the information contained therein, any errors or omissions or any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if Morgan Lee Snow has been advised of or should have known of the possibility of such damages, where in an action of contract, negligence, strict liability or tort. In no event with Morgan Lee Snow be liable to you or anyone else for loss, damage or injury relating to any third party providing you with services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event shall Morgan Lee Snow’s total liability to you for all damages, loss, or causes of action, if any, exceed the amount you have paid to Morgan Lee Snow for the service giving rise to the claim.

Morgan Lee Snow shall not be liable or otherwise responsible for any interruption, suspension, modification, alteration, or termination of the Website, Program or Materials. You acknowledge and agree that such limitation shall also apply with respect to damages incurred or anticipated by reason of your use of any other products or services received through or advertised in connection with the Website and/or Program or any links on or contained within the Website and/or Program and/or Materials.

Morgan Lee Snow shall not be liable for any failure or delay in performing under these Terms where such failure is due to causes beyond Morgan Lee Snow’s reasonable control, including but not limited to natural disasters, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns, and/or Morgan Lee Snow’s or other party’s inability to procure supplies or materials.

You acknowledge and agree that the above disclaimers and these limitations of liability constitute an agreed upon allocation of risk between Morgan Lee Snow and you, and such disclaimers and limitations of liability shall apply to the fullest extent permitted by law. You further acknowledge and agree that, if you did not or do not agree, as the case may be, with the above disclaimers or these limitations of liability, you shall not be permitted to use or access the Website, Program and/or Materials. You further acknowledge and agree that such provisions are reasonable and fair.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

You shall indemnify, defend, and hold harmless Morgan Lee Snow and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in connection with any investigation, claim, action, suit or proceeding of any kind brought against the Indemnified Parties due to or arising out of your:

(A) acts and/or omissions on or off the Website or Program or while otherwise using or accessing the Program and/or Materials;

(B) violation of any rights of another party, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website, Program, Materials or User Generated Material;

(C) breach of these Terms;

(D) disputes with or between other users;

(E) use and/or misuse of the Website, Program and/or Materials;

(F) violation of any applicable law or regulation;

(G) submitting inaccurate, untimely, incomplete or misleading User Generated Material;

(H) misstatements and/or misrepresentations; or

(I) contracts or arrangements made or provided based on any Materials provided via the Website and/or Program.

You must cooperate as requested by Morgan Lee Snow in the defence of such claims. Morgan Lee Snow reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter on behalf of Morgan Lee Snow without the written consent of Morgan Lee Snow. This indemnification obligation shall survive the cessation of your use of the Website and/or Program.

12. DISPUTE RESOLUTION / MEDIATION / NO CLASS RELIEF

If any controversy, allegation or claim arises out of or relates to your access or use of the Website, Program and/or Materials, or these Terms and/or Privacy Policy, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution thereto. If we do not have a current physical or email address for you, then we have no obligation under this section. Your notice to us must be sent to us at our contact details contained herein. For a period of sixty (60) days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.

Any claim or dispute arising out of or relating to your access or use of the Website, Program and/or Materials, or these Terms and/or Privacy Policy, that remain unresolved following the dialogue described above will be exclusively resolved under confidential mediation held in the Province of British Columbia, Canada, in accordance with the applicable rules or laws then in effect. To the fullest extent permitted by applicable law, disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party, whether through class proceedings or otherwise. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the following paragraph.

Except to the extent that mediation is required, any action or proceeding relating to any dispute may only be instituted in a court of competent jurisdiction in the Province of British Columbia, Canada. Accordingly, you and we consent to the exclusive jurisdiction and venue of such courts for such matters.

Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the Province of British Columbia, Canada to enforce these Terms or to prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the jurisdiction of such court. To the fullest extent permitted by applicable law, any cause of action you may have with respect to your use of or access to the Website, Program and/or Materials must be commenced within one (1) year after the claim or cause of action arises.

13. MISCELLANEOUS

Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remaining provisions shall continue to be in full force and effect.

14. GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflicts of laws principles. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Website, Program, Materials or these Terms will occur exclusively in the courts located in British Columbia.

15. FEEDBACK

We welcome your suggestions for ways we can improve the Website, Program, and/or Materials. Please feel free to submit comments and feedback by emailing us at connect@morganleesnow.ca. Please note that any such communications received from you will be considered User Generated Material and will be treated as non-confidential and in accordance with these Terms and may be used by us without restriction without any obligation, financial or otherwise, to you. See the section entitled “User Generated Material” for more information.

16.CONTACT US

If you have any questions, concerns or complaints about this Privacy Policy, please contact us at connect@morganleesnow.ca.