Terms of service

Terms of Use, Disclaimer and Privacy Policy

Please review the following Terms of Use, Disclaimer and Privacy Policy before using this Website.

Terms of Use

This Website (amiszczak.com) and its Content is owned by Ann Miszczak.  (“Company,” “I,” or “me”). The term “you” refers to any users, visitors or viewers of this Website.

Please read these Terms of Use (“Terms”) carefully. I reserve the right to change these Terms on the Website at any time without notice, and by using the Website and its Content, you are agreeing to the Terms as they appear, whether or not you have read them. If you do not agree to these Terms, please discontinue use of this Website.

Intellectual Property

All content on this Website, including the words, information, documents, design, graphics, photographs, graphics, images and all other information and intellectual property, registered and unregistered (“Content”) is my property and is protected by the United States intellectual property laws.

When you access this Website or its Content, you agree that you will not copy, duplicate or steal my Content. Any unauthorized use of the Content is a violation of these Terms and I reserve the right to prosecute unauthorized use to the fullest extent of the law.

Information on this Website may be copied for personal use only. No part of this website may be reproduced, stored, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without my prior written permission.

You may link back to any blog posts or articles on this Website that are widely and publicly available, as long as you give credit by providing a hyperlink back to this Website. Requests to the author and publisher for any other kind of permission should be addressed to the following email: hello@ amiszczak.com, before the use of my Content.

Due to the dynamic nature of the Internet, certain links on this website may have changed. I make no representations to the current accuracy of the web information shared.

Website Use

By accessing this Website and its Content, you warrant that you are at least 18 years of age and agree to be bound by these Terms.

You are granted a limited license to access and review this Website and its Content for your personal use, but you are not granted a license for business or commercial use. As a licensee, you may not use this Website or its Content in a manner that constitutes the infringement of any of my rights, unless otherwise authorized by me.

I reserve all rights not expressly granted in these Terms.

User-Generated Content

Any user-generated content on this website (such as through blog comments or social media posts) will be publicly available to other users. By posting or submitting any material to this Website, you are warranting that you are the owner of such materials and you are at least 18 years old.

By submitting any content or materials to me and/or this Website, you agree to give me an unlimited license so that this content can be shared on this Website. This license includes your permission that your Website submission, blog comment or such other information may be a part of the current or future existence of my Website and its Content. You are granting the right to be identified as the author of any of your contributions.

I reserve the right to remove any content that I determine to be unlawful, inappropriate, offensive or otherwise objectionable or in violation of any party’s intellectual property or these Terms.

Links to Other Web Sites

This Website may contain links to third-party websites that I do not own or control. Once you leave this Website or are redirected to a third-party website or application, you are no longer governed by these Terms or the Website’s Privacy Policy.

I have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party web sites or services. I shall not be 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 or reliance on any such content, goods or services available on or through any such web sites or services.

Limited Liability

By using and accessing this Website, you agree at all times to indemnify and hold harmless me and my Company, as well as any related parties, from and against any and all claims related to this Website or its Content. I will not be responsible or liable in any way for your use of the information or materials provided on this Website. I assume no liability for any injuries, damages or other losses alleged in connection with your use or access of this Website. If you use this Website and/or its Content, I assume no responsibility. I will not be liable to any party for any type of direct, indirect, special, incidental, equitable and/or consequential damages for your use, reliance, actions or failures to act related to the information on this Website.

Governing Law

These Terms are governed in accordance with the laws of Washington and the United States.

Payment Policy

See the Privacy Statement (below) regarding how secure transactions are processed on our website.

Your Conduct

By using and accessing this Website and its Content, you agree that you are solely responsible for your electronic communications. You agree to provide honest and accurate information and that you are authorized to make any purchases you may make. You agree to only use this Website and its Content for lawful purposes and you agree to not act fraudulently, unlawfully or otherwise inappropriately.

If you engage in any purchases from this Website, you agree and acknowledge that personal payment information is being transmitted. I use outside vendors (including PayPal, Dubsado, and Teachable ) to sell products and services and process payments. You acknowledge that these outside vendors may have access to your name, address and payment information.  I do not personally have access to nor do I store any information. I have chosen vendors carefully and attempt to only use secure transmissions. However, I will not be liable or responsible for any data breaches that result in any loss, damage or other injuries when dealing with one of these vendors. These vendors may have their own privacy and data collection practices that differ from mine. For more information, visit that vendor’s website to learn more.

Termination

I reserve the right in my sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. I also reserve the right to remove undesirable comments or shares on my blog and social media channels.

Updates

These Terms and Conditions may change from time to time and all updates will be posted on this page.

Questions and Contact Information

If you have any questions about these Terms, please contact me at: hello@ amiszczak.com

Legal Disclaimer

Please read this Legal Disclaimer (“Disclaimer”) carefully. I reserve the right to change this Disclaimer on the Website at any time without notice, and by using the Website and its Content, you are agreeing to the Disclaimer as it appears, whether or not you have read it. If you do not agree with this Disclaimer, please discontinue use of this Website.

Your access and use of this Website and the information provided herein is not intended to create, and receipt thereof does not constitute the formation of, an attorney-client relationship. Although I used my professional experience in providing the information on this Website, I do not guarantee any results and will not be liable for any damages or losses caused by the use of this Website. Always seek legal advice regarding your specific factual situation and circumstances before relying on the information provided on my Website and in any documents. By accessing and using this Website, you agree that this does not constitute legal advice. Although I am a licensed attorney, I am not your attorney and nothing contained in this Website creates an actual or implied attorney-client relationship.

Consult with an attorney before using or relying on any information presented on this Website. The information presented on this Website is not a substitute for legal advice or services. All information provided on this Website or in the any of the documents provided herein has been prepared for general educational and informational purposes only. The information on this Website does not constitute legal, financial or taxation advice or any other solicitation.

To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with this Website and its Content, including but not limited to liability for any delays, injuries, harm, losses, damages, loss of business, loss of profits or any other loss or damage of any kind, caused by negligence, breach of contract, or otherwise, even if foreseeable. By accessing and using this website, you agree that I am not liable or responsible for your business or personal results or any other result of any kind that you may have as a result of information presented to you through our Website or its Contents. You are solely responsible for your results.

I make no warranties, either express or implied, regarding this Website or its Contents. To the fullest extent permitted by law, I disclaim all warranties.

Website Privacy Policy

This Privacy Policy was last modified on June 2019.

We at A Miszczak are strongly committed to protecting your privacy and providing a safe online experience for all of our visitors while offering a high-quality user experience here at wwwamiszczak.com (the “Website”). We know that you care about how the information you provide to us is used and shared. We have developed this Privacy Policy to inform you of our policies regarding the collection, use, and disclosure of Information we receive from users of the Website. A Miszczak (the “Company”) operates the Website.

This Privacy Policy, along with our Term & Conditions, governs your use of this site.  By using www.amiszczak.com (the “Website”), or by accepting the Terms of Use (via opt-in, checkbox, pop-up, or clicking an email link confirming the same), you agree to be bound by our terms and this Privacy Policy.

Information We Collect

When you visit our Website, we will learn certain information about you.

In order to provide you with the most efficient and enhanced personalized service and attention, and to accommodate certain requests which you make, we request information about you in certain circumstances and collect certain information automatically.

Consistent with our previous practices, we will only collect and process your personal data when we have a lawful bases for doing so. These lawful bases include when you provide us consent, when we have a contractual obligation to collect or process the data, and when we have a legitimate interest in processing your personal data.

We may collect and/or receive the following types of information from you:

Information Provided Voluntarily

Personal Information. You may be asked to provide personal information including your name, address, email address and phone number when you sign up for any of our newsletters, respond to a survey, register for a class, or purchase a product or service. We will only request the personal information that is required in order to fulfill our obligations to you, i.e. in order to deliver what you have requested, as well as to comply with any legal obligations that may accompany such an exchange.

Order & Billing Information. If you place an order through our Website, we track certain information about the products and services you purchase. At checkout, you will also be required to provide additional information required for processing your payment. This generally includes a debit or credit card or other payment information, expiration dates, card security codes, your billing address or similar information.  This information is generally processed and captured by third-party vendors, such as payment processors and merchant account providers. To the fullest extent possible, we make an effort not to capture or retain this information ourselves (unless, for example, we are requested to process a refund, follow up on the delivery of goods or services, or work with customers or vendors on resolving any errors or other scenarios.) Third-party vendors who assist us in any of our business functions will also be doing so pursuant to their own terms and conditions, including privacy policies and terms of use.

Information Collected Automatically. In addition to the information described above, we may collect some or all of the following information:

Activity Info (Log Data). Information may be collected based on your use of the Website, which generally includes information about your computer hardware and software, such as:

Internet Protocol (“IP”) addresses, operating systems, browser types, device types, URLS, access dates and times; Website pages that you visit; referring website information; universally unique identifiers (“UUID”), advertising identifier (“IDFA”), carrier and country location, hardware and processor information, network type, and other related data.

Use of Cookies.  Our website may use cookies in order to deliver a better experience for you. Cookies are files with small amounts of data that a website stores on your computer’s or mobile device’s hard drive so that certain information about your visit and web-browsing preferences will be recognized upon a return visit. Cookies serve functions such as “remembering” log-in names and passwords or enabling or saving shopping cart contents. Like many websites, we may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us improve the experience you have with our Website. Most web browsers have a function that allows you to delete existing cookies on your device or you can set your browser options to that your device does not receive or accept cookies. Doing this may interfere with your ability to use the Website.

Third-Party Analytics. We use third-party analytics services (such as Google Analytics) to evaluate and aggregate visitor data. These services help us evaluate Visitors’ use of the Website, including time spent on certain pages, which areas of the Website receive the most traffic, how often visitors visit pages within the Website, and also provide general geographic location about visitors, the source of referred traffic (from other websites, vs search engines, etc). These third party analytics services use cookies and other technologies to help analyze and provide us the data. By providing your consent to this Privacy Policy, you consent to the collection and review of data about you by these analytics providers in the manner and for the purposes set out herein.

For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. If you opt out of any service, you may not enjoy the full functionality of the Website.

Other Third Party Tracking Tools. We may also collect or receive information from third parties, such as Facebook, Instagram and/or other third-party social media and similar sites.

How to Access Your Personal Information

If you have provided personal, billing or other voluntarily provided information, you may access, review and make changes to it via instructions found on the Website or by emailing us at hello{@}amiszczak{dot}com. To manage your receipt of marketing and non-transactional communications, you may unsubscribe by clicking the “unsubscribe” link located on the bottom of any related email from the Company. Emails related to the purchase or delivery of orders are provided automatically – Customers are not able to opt out of transactional emails. We will try to accommodate any requests related to the management of Personal Information in a timely manner. However, it is not always possible to completely remove or modify information in our databases (for example, if we have a legal obligation to keep it for certain timeframes, for example).

How We Use and Share the Information

We use the collected Information to understand customer needs, including regarding our Website services to:

  • present you with information through our Website and email services;

  • provide our services, process orders, and administer our programs;

  • maintain and improve our Website;

  • respond to your requests, and provide customer service, including in response to any problems that may arise, such as difficulties in navigating our Website or accessing certain features;

  • solicit your feedback, and to inform you about our products and services and those of our third-party marketing partners that we feel may be of interest or value to you;

  • personalize or display advertisements to you on third-party platforms;

  • improve our services or offerings; and

  • fulfill our legal or contractual obligations to you.

As with transactions elsewhere, when you purchase products, services, or programs via our Website, your credit card company will also retain certain information regarding your purchase. We will not otherwise provide any personal data to your credit card company without your permission.

We may share the Information collected with joint venture partners, affiliates, agents, current or prospective business partners, businesses under common control, third-party businesses or partners participating in administering our programs or services, or to those providing business functions such as technical support, customer service, marketing assistance, etc. These businesses will only have access to information as necessary to perform their functions and to the extent permitted by law.

In the event of the sale or transfer of our business to a third party buyer, including in the event of bankruptcy or liquidation, we may, as necessary, share your data with the buyer or transferee.

In the event that we have to collect on a debt owed to us by you, we may, as necessary, share your information with an attorney or a court of law to enforce our rights and collect what is owed.

Under certain circumstances we may be obligated or compelled to disclose the Information: when required by law, court order or government agency, or when disclosing such Information is reasonably required to protect the Company, its property, the Website, the safety of visitors or others.

Retargeting / Personalized and Behavioral Ads

We may, using the techniques described above, and in conjunction with third party marketing partners, gather information from your visit to our Website for purposes of providing relevant advertising content to you in the future. This means that through third party marketing partners or third party sites such as Google, Facebook, or Instagram, we may display advertisements to you (remarketing or retargeting), based on usage data collected during your visit to our website.

Google Analytics: As described above, we use Google Analytics on our website. We may utilize any of the following advertising features that utilize the Google advertising cookies: Remarketing with Analytics, Demographics and Interest reporting, Segments, and DoubleClick integration.

To opt out of seeing personalized ads via the Google platform, please visit

https://support.google.com/ads/answer/2662922?hl=en

 

For more information regarding how Google uses cookies in advertising and how you can control advertising cookies, visit http://www.google.com/policies/technologies/ads/

To personalize the ads you see via the Google platform, visit http://www.google.com/settings/ads

For more information on how Google uses data when you visit its partners’ sites or apps, visit http://www.google.com/policies/privacy/partners/

Or, via an opt-out browser add-on, you can opt out of having your site activity available to Google Analytics. For more information, or to install the opt-out browser ad-on, please visit https://support.google.com/analytics/answer/181881?hl=en  Please note that if you opt out of any service, you may not enjoy the full functionality of the Website.

Google Ad Words: We may utilize Google Ad Words, which provides certain of the information collected on our website to the Adwords advertising network. To opt out of Google Ad Words, visit https://support.google.com/ads/answer/2662922?hl=en

Facebook Custom Audience: We may utilize Facebook’s Custom Audience capability which allows us to display ads on Facebook to individuals on our email lists or in our database. We may provide personal information to Facebook, such as your name, email address and phone number to enable Facebook to identify whether you are a Facebook account holder. To opt-out of the Facebook Custom Audience, please email us at hello{@}amiszczak{dot}com with (1)“Facebook Custom Audience Opt-Out” in your Subject Line, and (2) your name and email address in the body of the email.

Other Personalized and Behavioral Advertising Services: We may participate in other retargeting services that are similar to those described above.

Managing Cookies Via Your Browser:

You may be able to change your cookie preferences via your browser settings. Please visit your browser’s help section for assistance with turning on notifications regarding cookies, or disabling cookies through your browser.

Managing Cookies on Your Mobile Device:

You may be able to change your cookie preferences on your mobile device either via your browser settings, or via the settings (preferences) on your device. For additional info, please visit http://www.allaboutcookies.org/mobile/

Use Caution When Sharing Information Online

When you voluntarily make your Personal Information available online in an environment shared by third parties – including in webinars, classes, online conferences, via email, on message boards, chat rooms or on blogs, or via telephone calls or conferences – that information can be viewed, saved, collected, heard, and/or used by others outside of the Company. We are not responsible for any unauthorized third-party use of information provided in these contexts. Please be mindful whenever you share any information online.

Security of Your Information

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we incorporate standard industry practices internally and with our services providers, which we believe is sufficient for the information involved, we cannot guarantee its absolute security. Because we work with third-party businesses and vendors in various aspects of our business including operating this website, database management, website security, etc., we cannot guarantee the absolute security of our databases, nor can we guarantee that the Information you supply will not be intercepted while being transmitted to and from us over the Internet. Any information that you provide to us via email should be treated with extra caution, as we cannot control the level of security available through email providers.  

Children

We are strongly committed to protecting the safety and privacy of children who visit our website. We do not knowingly collect Personal Information from children under the age of 13 through the Website. If you are under 13, please do not give us any Personal Information. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will make best efforts to immediately delete that information from our databases.

External Websites

While we have carefully chosen those vendors with whom we work, especially those involved in the transmission of data on behalf of our business, we do not control and are not responsible for the privacy practices or content of third-party websites, including those of affiliates, business partners, sponsors, advertisers, or other websites to which we may link from time to time. When visiting any third-party websites, you are responsible for reviewing the privacy policy and terms of use applicable to each site. They may be different than those that you see here.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom California has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by the Company pursuant to this provision, please contact us via email at hello{@}amiszczak{dot}com.

Our California Do Not Track Notice

Consistent with our policies described above, we collect information from our visitors on our website and across third-party websites where applicable, to provide relevant content and advertising. We do not support Do Not Track (“DNT”) signals of web browsers.

DNT is a setting in your web browser that informs websites that you do not want to be tracked. You can enable or disable DNT through the Preferences or Settings options of your web browser.

Visitors Outside the U.S.

Our Website and the servers that make this Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this Website. Any information you provide in subscribing to or visiting our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing, and use.

EU Visitors and the GDPR

If you live in the EU, certain of your data may be subject to protection by the General Data Protection Regulation (the “GDPR”), a privacy regulation intended to help you have greater control over your personal data.

Under the GDPR, you have the right:

  • to know what information is being collected, as disclosed in this Privacy Policy (“right to transparent information”);

  • to object on grounds relating to your particular situation to the collection or processing of certain kinds of information (“right to object”);

  • to withdraw consent even after it has been given, without affecting the lawfulness of the processing of your data prior to your withdrawal (“right to withdraw consent”);

  • to access, modify or update your information so that it is correct (“right to access” and “right to rectification”);

  • to have your information deleted or erased (“right to erasure” or “right to be forgotten”);

  • to have your data transferred or ported elsewhere (“right to data portability”);

  • and the right to restrict processing in certain situations (“right to restriction of processing”).

For purposes of the GDPR, to the fullest extent possible we do not directly collect or maintain personal data of our EU visitors or clients. This is done through partnerships with third-party vendors who have systems designed for the collection and storage of data on behalf of their clients (“data processors”). The data is only kept as long as is reasonably required to accomplish the purpose or purposes for which it was collected. Certain data may be expunged or utilized more quickly than others, and depending on your engagement and behaviors, including purchasing behaviors, we may be engaged in a business or contractual relationship with some longevity. (For example, if you purchase a course or program, or services that span over some time, you will continue to receive communications in regards to those offerings or services).

The categories of data processors with whom we work, and that help us in the collection of information that allows us to serve and interact with you include website analytics provider(s), website and webform plug-ins and related third-party services that allow us to maintain an up-to-date online platform and communicate with you electronically, an email service provider or providers to assist in managing email correspondence with our visitors, customers and list, as well as payment processor(s) and/or merchant account(s) to help us transact sales online and follow up with you regarding any purchases.

You may contact us at any time to have your information with any of these processors updated or corrected, deleted, or to obtain a copy for your records. Additionally, you may opt out of receiving any additional emails or marketing messages from us by clicking the “unsubscribe” link at the bottom of our email notifications.

Further, if you feel that we have not complied with the relevant data protection regulations, please contact us by sending us an email at hello{@}amiszczak{dot}com with your first and last name, your country of origin, and a summary of your concern or complaint. We will endeavor to respond at our earliest possible convenience to address your concern. If contacting us does not resolve your complaint, you may have additional options.

Residents in Designated Countries may also have the right to lodge a complaint with the relevant EU data protection authority. You may access a list of the Data Protection Authorities in the EU here.

Changes to This Privacy Policy

The Company may update this Privacy Policy from time to time as necessary to protect our users and to comply with a changing environment. Please review the Privacy Policy when you visit our Website to remain updated on our current policy. We have no intentions of making any changes to our Privacy Policy and practices to make them less protective of personal information collected in the past. By accessing the Website and/or using our services after making any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the information. You are advised to review this Privacy Policy periodically for any changes. Whenever we make changes to this Privacy Policy we will update the date at the top.

Contact Us

If you have any questions about this Privacy Policy, please contact us via email at hello{@}amiszczak{dot}com with “Privacy Policy” in the subject line.

Last Modified June 11th, 2019.

© 2015 – 2019 by A Miszczak. All Rights Reserved.