TERMS & CONDITIONS AND PRIVACY POLICY

Last Updated: June 24, 2023.

The terms “we”, “us” “our” and “Company” refers to Erika Auckland Media LLC. These Terms & Conditions govern your use of and access to our website and/or the hosted platform on which you purchased from us, and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or products.

The term “Products” shall include but is not limited to materials, resources or information provided to you by us in our digital product, course and/or service or any digital content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, classes, PDFs, live posts and the like.

Client’s Acknowledgement & Acceptance of Terms

By purchasing from the Company, you are consenting to these posted Terms & Conditions (“Terms”). Please read these Terms carefully before purchasing from us.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.

SECTION 1: REFUND POLICY & PAYMENT TERMS

Refund Policy

No refunds will be issued under any circumstances due to the downloadable nature of our Products and services.

Purchase Policy

We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of Products and/or services; errors in the Product or service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction.

We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.

Purchase Terms

If you pay for our Product and/or service by credit or debit card, you authorize and provide permission for us and our related third-party vendors to charge your credit or debit card in the amount owed for payment of the products and/or services.

You agree not to dispute any charges made to your credit card under any circumstances (i.e. chargebacks). If you inadvertently do so, you agree to immediately cancel or withdraw such a dispute and we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. You are responsible for any fees associated with recouping payment on such disputes and any collection costs associated, including attorney’s fees.

When you purchase our Product and/or services, your personal information (i.e. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices.

Future Updates/Promotions

We will periodically update our Product(s) and/or service(s) to stay current. You will be provided with these revisions and/or updates and/or edits at no additional charge.

Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you unless you contact us and the promotion is within 24 hours from your purchase date.

Order Confirmation

You will receive an email(s) to confirm the placement of your order along with a downloadable Product and/or access to the digital course, which will contain details concerning your purchase. In the event there is an error in this email confirmation or emails concerning your purchase, it is your responsibility to inform us as soon as possible.

SECTION 2: INTELLECTUAL PROPERTY

Our Site, Products and Services are protected by the copyright laws of the United States of America (“U.S.”). You understand that Erika Auckland Media LLC owns the Site and Product(s), which is our intellectual property.

You may download and print certain materials from our Product(s) for your own personal and non-commercial purposes, but you may not copy or use our Product(s) for any other reason. You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site, Product(s) or Services without our express written consent.

We may investigate any alleged violations of these Terms and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action.

If you believe that our Site or Product(s) infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Digital Millennium Copyright Act (17 U.S.C. §512) will address your concerns. However, you will be held accountable for any and all damages (including without limitation attorney’s fees and costs) should you misrepresent that our Site or Product(s) infringes on your copyright.

License to Use. By purchasing our Product(s) and/or Services, you are hereby granted one revocable, limited, non-assignable, non-exclusive license to the Product and/or Service that you purchased. You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our purchased Products and/or services.

You are not permitted to share your purchased Product, course and/or service with anyone.

If you violate these Terms, such as giving or selling a copy of our Products and/or services to others, you agree to pay for the license of the purchased goods or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our goods or services, temporarily or permanently.

You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Site, Products or Service provided or the information contained therein, or any content on the Site through which the Products are provided, without express written permission by us.

SECTION 3: GENERAL PROVISIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You represent that you are at least the age of majority in your state, jurisdiction, or province of residence. Children under the age of 18 are prohibited from using our Site, Products and/or Service(s).

The headings or subheadings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Informational & Educational Purposes Only. The information provided is for general educational and informational purposes only. It should not be relied upon or used as the sole basis for decision making related to your personal life or business, without consulting primary, more accurate, more complete or more timely sources of information.

You understand and acknowledge that the information provided to you by us is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. Again, all of the information, including without limitation, resources provided via phone or video conference, e-mail, an online forum, live events such as webinars or lives, video/audio recordings, courses, materials provided in our digital products and the like about business, laws, health, wellness and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.

Assumption of Risk. Any reliance on our Site, Products, and/or Services and the information contained therein or provided to you is at your own risk and you do so voluntarily. You use the information provided and our Site, Products, and/or Services at your own risk.

You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Products, and/or Services, including any actions you choose to make, or not make, as a result of using our information and/or resources.

You should consult with a professional for any and all individual questions or concerns.

Non-Disparagement. You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding the Company, or any of Company’s officers, directors, employees, personnel, agents, policies, Products or services, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about our products and/or services to us.This section survives termination.

No Guarantees. We cannot guarantee any outcome of using, consuming, participating or applying our Product(s) and/or Services. We make no guarantees other than that the Product(s) and/or Services shall be reasonably provided to you in accordance with these Terms. You acknowledge that Company cannot guarantee any results of the Products and/or Services as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by the Company. Clients not achieving his or her desired results is not grounds for a refund, partial or otherwise.

Maximum Damages. The sole remedy for any actions or claims by you against Erika Auckland Media LLC. shall be limited to and shall not exceed $100.00.

Severability. If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions.

Prompt Enforcement. The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.

Attorney’s Fees. In the event of any controversy, claim or dispute between us, arising out of or related to this Agreement or the breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs incurred including attorney’s fees.

Governing Law. Unless otherwise specified, the Site, Products, and/or Services are provided by Erika Auckland Media LLC and are controlled and operated by us from its Tennessee location. Thus, any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be resolved exclusively by Tennessee’s state or federal courts, apply Tennessee law, regardless of principles or conflicts of law.

Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our Site, Products, and/or Services, shall be brought within the State of Tennessee, County of Davidson, City of Nashville.

Entire Agreement. The Terms constitute the entire agreement between us and you as it relates to your use and access to our Site, Products and Services.

SECTION 4: INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Erika Auckland Media LLC its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of these Terms; your improper or unauthorized use of our Site, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services.

SECTION 5: ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on or in our Site, Products, or Services that contains typographical errors, inaccuracies, or omissions that may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in that information.

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website, platform, Products, Services, and the like. It is your responsibility to check the appropriate Terms periodically for changes. Your continued access and/or use of the digital products/courses following the posting of changes constitutes your acceptances of those changes.

We also reserve the right to modify the contents and/or information on or in our Site, Products, and/or Services at any time, but we have no obligation to update any information or notify you of those changes. You agree that it is your responsibility to monitor changes to our Products, and/or Services.

SECTION 6: DISCLAIMER OF WARRANTIES

AND LIMITATION OF LIABILITY

Limitation of Liability. IN NO EVENT SHALL ERIKA AUCKLAND MEDIA LLC, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE, OUR PRODUCT AND/OR SERVICES BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR INFORMATION PROVIDED IN OUR PRODUCTS AND/OR SERVICES IS TO STOP USING THIS SITE OR OUR PRODUCTS AND/OR SERVICES.

Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, this Site and Content is provided to you “AS IS” and ERIKA AUCKLAND MEDIA LLC specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, PRODUCTS AND/OR SERVICES. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties shall create a warranty not expressly stated in these Terms.

We also reserve the right to modify or discontinue, either temporarily or permanently, our Site, Products, and/or Services, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Site, Products, and/or Services without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the same.

SECTION 7: RULES OF CONDUCT

You may not use our Site, Products and/or Services for any illegal or unauthorized purpose. You agree to adhere to all relevant laws, rules and regulations in accessing or using our Site, Products and/or Services (including without limitation copyright, trademark, and rights to privacy).

You may not modify, reverse engineer, frame, mirror, or adapt any portion of the Site or Products. You may not interfere with the Site’s or Products’ operations or make connection to the Site or our Products/Services inoperable or transmit any viruses, worms, or harmful code.

You may not use the Site, Products and/or Service in a manner that is hurtful, harmful, abusive, harassing or offensive to others.

You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us.

A breach or violation of any of these Terms will result in an immediate termination of our Services and license to use our Products.

SECTION 8: THIRD-PARTY LINKS AND PRODUCTS

Affiliate Links. Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.

Erika Sheffer Auckland is also a participant in the Amazon Services LLC Associates Program. As an Amazon Associate, we may earn a commission from qualifying purchases when you buy through links on our Site.]

Links to Other Sites/Information. Our Site or Products may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. If you use the link on our Site or Product and access a third-party website, you are no longer covered by our Privacy Policy and Terms & Conditions. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party.

Suggested Products: Our Site or Products may include suggestions or recommendations regarding products. Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists. You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products. You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.

Use of Artificial Intelligence Software/Applications: We offer suggested prompts to assist you in creating your own content. These prompts are provided for your convenience and inspiration, but we do not guarantee specific results. The effectiveness of accuracy, and suitability of the prompts may vary based on your unique circumstances. You are solely responsible for reviewing, editing, and implementing the prompts to align with your brand and legal requirements. Our services and/or products are not a substitute for professional advice, and we disclaim any liability for any damages or losses resulting fro the use of the prompts and resulting information.

SECTION 9: TESTIMONIALS

Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.

SECTION 10: FEEDBACK/REVIEWS

Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to our Privacy Policy and Stan Store’s Privacy Policy.

We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.

SECTION 11: EARNINGS DISCLAIMER

Any earnings or income/financial claims or examples shown on our Site, Product and/or Services are only estimates of what is possible now or in the future. We make no income/financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products and/or Services (or our affiliate program). We make no guarantees that you will earn any money using any of our Content and your income or earnings are solely dependent on your actions or non-actions.

SECTION 12: CONTACT US

Questions or concerns about these Terms should be sent to us at: hello@erikaauckland.com.

PRIVACY POLICY

PLEASE CAREFULLY READ THIS PRIVACY POLICY IN ITS ENTIRETY PRIOR TO VIEWING AND/OR USING THIS SITE.

DEFINITIONS

This website and any associated websites, sub-sites (“Site”) along with its Content herein are owned by Erika Auckland Media LLC (the “Company,” “we”, “us”, or “our”).

The term “you” shall refer to the user and/or viewer of this Site.

The term “Content” shall refer to any and all written, visual, video and/or audio information or material contained on the Site, including but not limited to all emails received from the Company, written material, blog posts, messages, graphics, memes, photos, images, forms, documents, templates, and the like.

The term “personal information” may include but is not limited to: your name; mailing and email address; telephone number; social media account information; billing and payment information; and your communications sent to us.

The term “non-personal information” may include but is not limited to: your Internet Protocol (“IP”) address; the time, date and length of your visit; traffic data; the referring website; browsing and navigation patterns; and log files.

INTRODUCTION

As the owner of this Site, we understand that your privacy is of critical importance. We are committed to using your personal and non-personal information in a reasonable and responsible manner. The purpose of this Privacy Policy is to inform you about how we collect, use, protect and/or distribute your personal and non-personal information.

We will not collect, use or disclose your personal and non-personal information for any purpose other than as set forth in this Privacy Policy. Additionally, we will not collect more information than is necessary to accomplish those purposes set forth in this Privacy Policy, and will not retain said information longer than is necessary to fulfill said purposes.

This Privacy Policy applies to the personal and non-personal information that we collect related to our:

Site;
products and/or services;
social media platforms;
business operations;
marketing and business development activities;
customer service; and
communications.

PLEASE CAREFULLY READ THIS PRIVACY POLICY IN ITS ENTIRETY. BY USING THIS SITE, YOU VOLUNTARILY AGREE AND ACKNOWLEDGE TO BE BOUND BY THIS PRIVACY POLICY AND YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND CONSENT TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY AND THE TERMS HEREIN, THEN EXIT THIS SITE AND DO NOT ACCESS OR USE OUR SITE OR CONTENT.

WHAT PERSONAL INFORMATION WE COLLECT & USE

We collect your information in two ways: 1) personal information that you have voluntarily provided to us; and 2) non-personal information that is automatically collected using data collection technology.

Personal Information Provided by You:

We collect personal information that you have provided to us voluntarily based on your activity on our Site. We promise to use your personal information only for the purposes for which it was provided. Examples include the following:

Your Interaction with Us: you may voluntarily provide your personal information to us in various ways, including but not limited to when you: opt in to receive free resources and information; to receive downloads; subscribe to our newsletter/email list, purchase a product or service; register for a free or paid event/webinar, course, class, or the like; contact us with an inquiry; provide comments; browse our Site; enter a promotion; fill out a form and/or request to receive other products or services from us.

We use this information to provide you with the requested information, materials, content, newsletters, promotions/special offers, the product/service you purchased, the email we promised, and to improve the performance of our Site.

Communication with Us: If you communicate with us via email, phone, mail, chat, through social media, our contact form on our Site or other form of communication, we will collect your personal information.

We use this information to facilitate communication with you, to respond to inquiries, to provide you with support and to maintain the Company’s records of said communications. We will only use your personal information for such consumer-related services.

Payment Information. Personal information provided by you to purchase products or services from the Company, such as payment and billing information, is collected and processed to fulfill your order and will not be retained any longer than necessary. We use this information to run and manage our Site and business, including but not limited to billing disputes and processing financial information. We use third-party data processors to collect and complete payment transactions. We do not retain nor have access to your payment information.

Social Media Paid Advertising. When you engage with our advertisements on social media platforms such as Facebook, Instagram, or others, please be aware that we may collect and utilize data to enhance the relevance of our promotional content. This data includes information related to your interactions with our ads, demographic details, and, in some cases, the location from which you access our advertisements. Our primary goal in utilizing this data is to deliver tailored and engaging content that aligns with your interests and preferences.

If you are browsing the Site, you are not required to provide personal information to do so.

By voluntarily providing your personal information to us, however, you are providing consent for us to use, collect and process said information. Please note that if you provide your personal information in a public setting, where said information is viewable by others, (e.g. commenting on a blog or social media) you acknowledge and accept that the Company is not responsible for others’ use of that information.

You may have additional rights depending on where you live, please refer to sections below regarding “Territories”.

Non-Personal Information Collected Using Data Collection Technology:

We automatically collect non-personal information regarding your activity on our Site.

This information, if collected, is collected using computer code sent to your computer known as “cookies” and/or is collected using computer code sent to your browser, known as “pixels”. We use this information to maintain and improve our Site, enhance your user experience and for marketing purposes. We will not use your IP address to personally identify you.

HOW WE USE YOUR PERSONAL AND NON-PERSONAL INFORMATION

We use your personal and non-personal information as follows:

To operate our Site;
To conduct general business operations;
To learn how you navigate within the Site;
To know how many unique users visit the Site;
To obtain research and analytical information for Site improvements;
To tailor content and/or offerings to your interests;
To tailor our marketing efforts;
To fulfill our contractual obligations to you;
To enforce our Terms of Use;
To enforce our Terms & Conditions;
To enforce contractual obligations/agreements and/or seek remedies/damages;
To process our legitimate business interests;
To provide exceptional customer service and communicate with you;
To personalize your experience on our Site;
To improve and develop our Site;
To improve and develop new products or services;
To provide our products and services to you;
To process your purchases and/or downloads;
To process your requests;
To comply with legal requirements;
To protect legal rights and prevent misuse; and
To detect any illegal or unauthorized activities.

We will also automatically enroll you to our email list to receive free additional email messages from the Company any time that you provide your personal information to us. However, you can unsubscribe at any time by clicking the unsubscribe button located at the bottom of every email from the Company. The opt-out list, also known as a suppression list, will be maintained for compliance purposes.

Overall, we use your personal information to manage our relationship with you and business operations.

You may have additional rights depending on where you live, please refer to sections below regarding “Territories”.

WHO HAS ACCESS TO YOUR DATA

We will collect, use, share and otherwise process your personal and non-personal information in accordance with this Privacy Policy. We may internally share and process your personal and non-personal information within our Company. The Company’s personnel may have access to such information to provide and operate our products or services or Site in the normal course of business.

We will not sell, trade, share or otherwise disclose your personal information to unrelated third-parties without your prior written consent or another valid basis as permitted by law.

At our discretion, we may offer third-party products, services, material, information or website links to other websites on our Site. We have no responsibility or liability for the content or privacy policies associated with these third-parties, who may or may not have their own privacy policies. If we become aware that our third-party providers are using or improperly disclosing your personal or non-personal information, we will take all commercially reasonable steps to cease or correct the improper use and disclosure.

Although we conduct a majority of the data collection, we do engage certain third-party service providers to assist us in providing our products or services to you and for no other purpose. The following providers, which we use, may have access to your personal information:

An email delivery service;
An online webinar/course provider;
A cloud service provider;
A gateway/payment provider;
A hosting service provider; and
A website analytics provider.

We may also disclose aggregated, non-personal information received from third-party providers without restriction.

You may have additional rights depending on where you live, please refer to sections below regarding “Territories”.

ANALYTICS INFORMATION

We use Google Analytics to analyze the usage of our Site and the traffic thereto. It helps us understand how you use and interact with our Site. Google Analytics gathers this information about you and your use of our Site by the use of cookies (for more information please refer to the below section entitled “Cookies Policy”). This information is then gathered as it relates to our Site and is used to create reports about users' interaction with our Site and to understand how traffic is driven to our Site. Additional information about how Google uses data received from its partners, like us, is available at: https://www.google.com/policies/privacy/.

We have a data processing agreement with Google, and have configured our use of Google Analytics to protect your privacy by masking the last octet of visitor IP addresses and disabling data sharing with Google.

We may also use Google Ads and/or Facebook Ads to measure performance and provide advertising campaigns that report back insights into how you and others saw and/or interacted with the ad(s). We may also use remarketing and/or retargeting ads for marketing purposes and to market our products and/or service and/or Site with other third-party companies, such as Instagram/Facebook/Google, based on your past history of visiting our Site. This may be accomplished via pixels, cookies or other similar automatic data collection technology.

The Company reserves the right to use tracking pixels, which collects data on visitors to our Site from social media platforms such as Facebook. This helps us track conversions from targeted ads, track user behavior, collect web traffic, optimize ad performance, and build a targeted audience for remarketing and future marketing purposes, similar to a cookie.

COOKIES POLICY

A cookie is a text file that contains an identifier (a string of letters and numbers) that is sent by a web server and kept by the browser. Each time the browser requests a page from the server, the identification is delivered back to the server. Cookies are classified as "persistent" or "session" cookies. A persistent cookie will be saved by a web browser and will remain valid until it is destroyed by the user before the expiry date; on the other hand, a session cookie will expire when the web browser is closed at the conclusion of the user session. Cookies do not usually contain information that can be used to personally identify a user, but the personal information that we store about you may be linked to information stored or obtained from cookies.

We use cookies for the following purposes:

authentication – we use cookies to identify you when you visit our Site and as you browse and/or navigate our Site;
active status – we use cookies to help us to determine if you are logged into our Site and/or to remember and process items in your cart;
security – we use cookies as a security protocol to protect your account, including preventing fraudulent use of login credentials, and to protect our Site and services generally;
advertising – we use cookies to tailor our advertisements to be relevant to you; and
analysis – we use cookies to help us to analyze the use and performance of our Site and services.

Most browsers allow you to refuse to accept and/or delete cookies. The methods for doing so vary from browser to browser, and from version to version. However, you can obtain updated information regarding blocking and deleting cookies via the following:

https://support.google.com/chrome/answer/95647?hl=en (Google Chrome);
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
http://www.opera.com/help/tutorials/security/cookies/ (Opera);
https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Microsoft Internet Explorer);
https://support.apple.com/guide/deployment/manage-safari-cookies-depf7d5714d4/web (Safari); and
https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Microsoft Edge).

Please note that the blocking or disabling of certain cookies may have a negative impact on the functions or features of our Site. That is, some features of our Site may not be available to you if you choose to block or disable certain cookies.

RETENTION & PROTECTION

We will only keep your personal information for as long as you want to stay connected with us. As this time will vary, there is no precise duration to provide. As a general rule, however, we will continue to send you email messages and newsletters via our email subscription (which you either signed up for or were automatically enrolled via other activities on our Site) until you opt out of these emails.

For payment and sensitive credit/debit card information, we use a Secure Socket Layer (SSL) certificate (technically a Transport Layer Security aka “TLS certificate”), which is an encryption security protocol to protect this information. The SSL/TLS certificate encrypts this data and ensures that anyone who intercepts the data can only see a scrambled set of characters and the information is safe and only visible to the website in which it was entered. We do not store or process this information personally on our server, but instead use a third-party service provider.

We use safeguards that are commercially responsible and accepted in the industry to protect your personal information. You acknowledge that we cannot prevent all misuse and unauthorized access to your personal information and hold us harmless should your personal information be tampered and/or intercepted without your or our consent. This includes a release of all claims associated with the unauthorized third-parties’ use of said information.

Should a data breach occur, we will promptly notify you within 10 business days of the known breach unless you reside in the United Kingdom and/or the European Union, which requires notices of a serious data breach within 72 hours after we become aware of said breach.

You may have additional rights depending on where you live, please refer to sections below regarding “Territories”.

PASSWORD USE & PROTECTION

You may be required to create an account with a username and/or password to login and access certain features and/or content on our Site, or to use certain products or services. You are solely responsible for maintaining the confidentiality of your account’s login credentials (i.e. username and password). Additionally, you are solely responsible for any activities, by you or others, that may occur through your account and accessed via your login credentials.

We are not liable for any unauthorized use of your account or security information or breaches of your account due to the unauthorized use of your login credentials. We highly recommend that you log out of your account after each session ends to prevent unauthorized use or access.

You are not authorized to share your account or login credentials with anyone other than yourself so that others may not gain unauthorized access to our Site or Content via your account and/or login credentials.

You may have additional rights depending on where you live, please refer to sections below regarding “Territories”.

YOU ARE IN CONTROL

If you want to see if we have your personal information and what we have about you, if you want to rectify or update your information, or if you want us to delete your personal information, please contact us at the email below. Note, we reserve the right to refuse your request should we believe the requested changes to be false, incorrect or fraudulent in nature.

Additionally, if you want to unsubscribe from our email list, simply click on the unsubscribe button on the bottom of our emails and follow the instructions. Please note that if you have subscribed to more than one list, then you will need to unsubscribe from each and your opting out may not guarantee that you have been removed from each list. If you experience any issues unsubscribing, please contact us for prompt removal at the email below.

TERRITORIES

Our computer systems, Site and hosted servers are based in the United States of America (“U.S.”) and the Content on our Site is directed only to U.S. residents. Additionally, we may use third-party processors, including payment providers, located in the U.S. As such, your personal and non-personal information may be transferred internationally to and stored on the servers in the U.S. Said information is also processed by us in the U.S. Please note that data protection and privacy regulations may or may not be equal to the level of protection as in other areas throughout the world, such as in Canada, the European Union or the European Economic Area, the United Kingdom, amongst others.

By visiting the Site, you unequivocally agree to us collecting and processing your personal and non-personal information in the U.S., the transfer, processing and storage of your personal and non-personal information from your jurisdiction to the U.S., and that only U.S. laws will govern such collection and processing.

CALIFORNIA RESIDENTS

If you reside in California, your personal information entitles you to additional rights and may be governed under the California Online Privacy Protection Act (CalOPPA”) and the California Consumer Privacy Act (“CCPA”).

CalOPPA: A “Do Not Track” (“DNT”) is a setting that can be activated on certain browsers to block behavioral tracking from third-party services, such as Google Adwords. Your browser may allow you to automatically transmit a DNT signal to websites that you visit. Please note, there is no consensus in the industry as to what constitutes a DNT. Currently, we do not alter our practices if it receives a DNT signal from your and/or a visitor’s browser. To learn more about DNT visit: http://www.allaboutdnt.com.

CCPA: You have the right to request what we have regarding your personal information and of which has been collected over the last 12 months from the date of your formal request. Upon receipt, we will disclose:

The categories of personal information we collected about you;
The categories of sources for the personal information we collected about you;
Our business and commercial purposes for collecting that information;
The categories of third-parties with whom we shared your personal information;
The categories of personal information disclosed for a business purpose in the preceding 12 months; and
The specific pieces of personal information we collected about you.

You also have a right to request that we delete this same information, subject to certain exceptions. Please contact us at the email address below for such a request.

VIRGINIA RESIDENTS

If you reside in Virginia, your personal information entitles you to additional rights and may be governed under the Virginia Consumer Data Protection Act (VCDPA).

Virginia residents have the right to request access, correction, deletion, and sale-opt-out of their personal data. You can exercise these rights by contacting us at the email address below with your request or any questions you may have. We will respond within 45 days.

We will not sell your personal data without your consent. We will only share your personal data with third parties who are necessary to provide our services to you. We will take all reasonable steps to protect the privacy and security of your personal data.

CAN-SPAM ACT OF 2003 COMPLIANCE

In compliance with the CAN-SPAM Act of 2003, all unsolicited commercial emails from the Company will clearly state the sender of the email, a legitimate physical address of the Company, a relevant subject line, that the email is an advertisement or a marketing solicitation and will include a visible and operable unsubscribe mechanism below the message to be honored within 10 business days.

CHANGES TO THE PRIVACY POLICY

We reserve the right, in our sole discretion, to change, modify, revise, amend, or otherwise alter in any way this Privacy Policy, our Site, and/or its Content at any time without notice to you. Should any such changes or revisions occur, the most recent version will be posted on the Site, and will become effective immediately. By using the Site or Content after the date posted above, you are deemed to have consented to the revised/updated Privacy Policy.

Should any material changes occur to our Privacy Policy, we will contact you via email or by a prominent message on our Site.

CONTACTING US:

If you have any questions about this Privacy Policy, your rights, the practices of this Site, or would like to update/remove your personal information, please contact us as follows:

By emailing us directly at: hello@erikaauckland.com

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