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PRIVACY POLICY, TERMS OF SERVICE, DISCLAIMERS

PRIVACY POLICY 

This website and its content is owned by Kim Francis (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of kimfrancis.online (“ the website”). We care about you and your privacy, so we have designed this privacy policy in order to inform our users how we use your information. By using the website, you agree to the terms of this Privacy Policy.

The use of any personal information or contribution that you provide us, or which is collected by us on or through our website, or its content is governed by this Privacy Policy.

We advise you to carefully go through the Privacy Policy as it describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access the website. We may collect information such as your name, e-mail address, or your postal address. We will not use or share your information with anyone except as described in this Privacy Policy. These personal details will never be directly sold or shared by viviennestallwood.com with any third party. The use of information collected through our website shall be limited to the purposes under this Privacy Policy and our Terms of Use for customers and we are committed to ensuring that your privacy is protected. You can choose not to provide certain information, but in choosing to do so you may not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future experiences for you, improving our operations, and communicating with you.

We reserve the right to change this Privacy Policy on the website at any time without notice. This policy is effective from January 16th, 2021. 

 

Personal Information

We collect personal information from you so that we can provide you with a positive experience when using our website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We collect a name and an e-mail address to enable delivery of newsletters to you – you would be affirmatively consenting to this by providing this to us in our contact forms. Billing information including name, address and credit card information is collected to enable us to process payment and deliver our products or services to you under our contractual obligation.

The information above (“Personal Data”) that you are giving to us is voluntary, and by you providing us with this information, you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out of receiving newsletters and e-mails, or request for us to delete your Personal Data at any point by contacting us at kfrancis18@icloud.com.

 We may have to share your personal data with the parties including:

  • Service providers who provide IT and system administration services.

  • Professional advisers including lawyers, bankers, auditors and insurers.

  • Government bodies that require us to report processing activities.

  • 3rd party technology platforms and advertisers that support the maintenance and growth of Kim Francis.      

  • 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.

We may share your information with trusted third parties, such as our newsletter provider, in order to contact you via e-mail, our merchant accounts to process payments. We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services. 

 

Data Confidentiality

We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law.

We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties, who use the same level of care in processing your Personal Data. That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, you will be informed immediately.

We only retain your Personal Data for the minimum amount of time necessary to provide you with the information and/or services that you have requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.

 

Cookies

We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our 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 our website, and some features may not work as intended.

 

Purchasing Products

We will request information from you for purchase of products or services. To buy from us, you must provide contact information (such as name and shipping address) and financial information (such as credit card number, 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.


Third parties

We may link to other websites on our website. These linked sites have separate and independent privacy policies, therefore we have no responsibility or liability for the content and activities of these linked sites, and therefore we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.

 

Disclosure to Trusted Third Parties at Your Request

We may provide you with promotions or third party offers when you purchase a subscription, or while you are visiting our site. You can choose to accept any such offer and then you have two options. You can choose to give the information regarding the offer you accepted directly to the third party or, we will provide your billing information to the third party user by pre-populating the registration forms of the offer. Keep in mind that your information will only be revealed if you accept the offer, once this is done you can not quit the offer. If you wish to know how your information is being used, go to the third party provider’s own privacy policy. Your information will be directly submitted to the third party. With this, you understand and agree that we shall not be held responsible or liable for any possible loss or violation of your information during your sharing information with the third party.

 

Changes to Our Policy

We may use your Personal Data, such as your contact information, to inform you of changes to the website, or to its content.

We reserve the right to modify or make adjustments in this privacy policy without prior notice. Should any of these changes generate an error or discrepancy, you, as the user, agree that the website and its company shall not be held liable for any damages caused by said issue. We recommend that you check the Privacy Policy when you visit our website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered website visitors information on material changes to this Privacy Policy.
Policy changes will apply only to information collected after the date of the change. This policy was last modified on January 16th, 2021.

 

Copyright Policy

All content is under copyright by Kim Francis. The unauthorized commercial publication, copying, or misuse of text, images, audio or video, or other content of this website or blog for selling, circulation, redistribution, and retransmission is prohibited, except as authorized by kimfrancis.online. Anyone wishing to use any of the above information for commercial use, publication, or any purpose, other than fair dealing as defined in the Copyright Act of Canada, must request and receive prior written permission from Kim Francis.

 

Online Payment Method

We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. Payments for Online Programmes and services found at kimfrancis.online are processed via Square. We do not directly collect or store your payment information.


Products and Services

All the products or services made available on this website are intended solely for personal use and you may not transfer, re-sell, assign, or dispose of any services. Prices, promotions, and campaigns are subject to change without prior notice.

Return Policy

You may defer a package if circumstances change for up to 6 months, and this is arranged directly with Kim Francis. Due to the digital nature of the online services, and the fact that digital content cannot be returned, our digital products are non-refundable.

 If for any reason you are dissatisfied with the service provided to you, please communicate with Kim Francis directly, and refunds on remaining services may be offered on an individual basis.  I encourage open dialogue and communication throughout, and am always happy to adjust our direction depending on individual requirements.

TERMS OF SERVICE

Welcome to kimfrancis.online website controlled, owned and operated by Kim Francis pertaining to group fitness and yoga classes. By visiting the website, browsing, creating a profile, purchasing any service you denote your legally-binding agreement to the following Terms and Conditions.

The term ‘Company’ or ‘us’ or ‘we’ refers to Kim Francis, based in Ontario, Canada. The term ‘you’ refers to the user or viewer of our website. The company reserves the rights to modify these Terms and Conditions at any time without prior notice, so we encourage you to visit this page regularly.

Kim Francis assumes no responsibility or liability for damage or injury to persons or property arising from any use of any service, information, or instruction contained on this website, or those that you purchase from this website. Your use of any service on this website is entirely at your own risk, for which we shall not be liable, and there is no guarantee of results. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. We retain the right to include, edit or remove any content at any time without notice.

If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the province of Ontario.

 

Minimum Age. To purchase the goods or services on this website, you must be 18 years of age or older. By using this website, you agree that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods or services.

HEALTH DISCLAIMER

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE USING THE SERVICES OFFERED THROUGH THE APP AND/OR THE WEBSITE. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR ANOTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE APP OR WEBSITE IS MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE WEBSITE AND APP AND THE SERVICES OFFERED THEREON IS AT YOUR OWN RISK.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE USING THE SERVICES OFFERED THROUGH THE APP AND/OR THE WEBSITE OR ANY OTHER EXERCISE PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SERVICES OFFERED THROUGH THE WEBSITE OR APP IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. THE WEBSITE AND APP AND THE SERVICES OFFERED THEREON MAY INCLUDE GENERAL HEALTH AND FITNESS INFORMATION THAT IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE APP OR WEBSITE IS MEDICAL OR PROFESSIONAL ADVICE OR CARE, INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE WEBSITE OR APP AS A SUBSTITUTE FOR OR A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BASED ON INFORMATION YOU MAY HAVE READ OR HEARD ON OR THROUGH THE WEBSITE OR APP OR THE SERVICES OFFERED THEREON. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE OR APP IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN NORTH AMERICA AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.