1. WHAT INFORMATION DO WE COLLECT?
Personal Information You Disclose to Us
When you visit us at New Horizons Academy, subscribe to any of our products or memberships, you provide us with certain data and personal information that we collect to be able to serve you better. The data that is collected during these transactions is necessary for us to be able to give you access to your product, to keep track of how the business is run for functionality purposes and to provide you with excellent customer service.
We generally collect information such as first name, last name, email address, date of sign up, how many products the customer has, how many users are signed up, date and time of last activity, whether the customer earned any gamification points, if so, what they are, whether the customer wants to appear on the Leadership board and total size and number of products accessed by the customer.
2. OUTSIDE OF THE EUROPEAN UNION (“EU”)
If you are outside of the EU and enter your information to receive a free resource (also called freebie, lead magnet), make a purchase, respond to a survey, register for a free training or participate in a webinar, you will be automatically added to our newsletter and will receive emails and updates from us.
We do not send SPAM and our goal and purpose is to keep our emails relevant and valuable. However, if you do not wish to receive any communications from us, you can opt out by clicking on the unsubscribe link located at the bottom of the emails.
3. PEOPLE IN THE EUROPEAN UNION
If you are in the EU and opt-in to get a free resource or sign up either for a free or paid product, participate in a free training, register for a webinar or live event, your email address will not be automatically added to the email list to receive our newsletter and updates unless you affirmatively consent to it.
Being a person who is located within the European Union you are subject to the General Data Protection Regulation (“GDPR”). This means you will need to give us express and clear consent before we will add you to our general email list for marketing and promotional emails.
You also have all the rights and protections that are afforded to you under the GDPR as we will discuss in detail further below.
Remember, that you always have the ability to unsubscribe even after giving your consent by simply clicking on the unsubscribe link present on the footer of every email.
4. GENERAL DATA PROTECTION ACT (GDPR)
Every business in the world that gets any traffic or buyers from the European Union must comply with the GDPR rules, even if the business is located outside of the EU.
GDPR is a data privacy and security law that intends to give power back to individuals to be in a position to control what happens to their data, how it is used and how it is not used. The regulation went into effect on May 25, 2018. GDPR gave rise to several new and expanded rights, as well as defined several phrases that are essential for understanding this regulation.
5. DEFINITIONS UNDER GDPR
Personal data — any information that will make the individual directly or indirectly identifiable. Information such as the individual’s first name, last name, phone number, date of birth, social security number are all considered personal data because they can easily identify the individual in question. Other information, such as geographic location, IP address, web cookies, can also be considered personal data if they can help to identify the individual either by themselves or as part of a whole. Moreover, even data that is pseudonymous can be considered personal data if identifying the person is relatively easy.
Data controller — Data controller is the person or individual who makes decisions about the collected data-specifically how and why the personal data will be processed. New Horizons Academy is a data controller.
Data processor —Data processor is a third-party individual or business that actually processes the collected personal data on behalf of a data controller. The GDPR has special rules for these individuals and organizations. Data processors can be email service providers, cloud based storage software or services and many others.
Data subject — The person whose data is processed. Our data subjects are our customers, website visitors and potential customers who visit New Horizons Academy.
6. VISITORS’ RIGHTS UNDER GDPR
As someone who resides in the European Union, you are entitled to exercise certain rights that you are given under the General Data Protection Regulation (GDPR).
Any information or data that you chose to provide us will be kept with New Horizons Academy until one of these happens: (1) you ask New Horizons Academy to DELETE the information and/or data; (2) New Horizons Academy decides to STOP USING the existing data processors, or (3) New Horizons Academy decides that the cost of retaining the data outweighs the value in retaining it.
As a customer and/or visitor on our site who is located in the European Union region, you have the right to request access to your data that we have collected and stored.
You are within your rights to demand to know exactly what data and information we have collected on you. Keep in mind that some parts of this data was provided by you personally, while others were gathered through cookies and pixels.
You have the right to withdraw consent on data that you previously gave us consent to collect and process. The right to withdraw consent applies to any future processing of that data. However, any data that has been collected and processed previously based on valid consent is lawful and not subject to liability based on any legal grounds.
You also have the right to request erasure of your data and all your information from our data storage. Once you request that your data be erased from our database, we have thirty (30) days to comply with your request. If it’s impossible to comply within 30 days, then we will respond to the customer’s request and let them know about the issue and also give them a reasonable time as to when their request for deletion will be honored.
Aside from rights such as request to access, request to delete and rectify, an EU user also has the right to place restrictions on the data processing itself. This means a user can limit certain things that we can and cannot do with their data. You can choose to limit transfer of your data to third-party businesses (unless it’s essential for our basic functions).
You further have the right to file a complaint with a supervisory authority who oversees and handles issues related to the GDPR.
Lastly, it’s our duty to inform you that we only require information that is reasonably necessary to enter into a contract with you. We do not collect any unnecessary data and any information we acquire is used for legitimate business purposes such as growing and scaling our business or being able to provide satisfactory customer service to you and other users.
7. BRAZILIAN DATA PROTECTION LAW (LGPD)
The Brazilian Data Protection Law (hereafter, “LGPD”) is Brazil’s law on online privacy requirements and certain rights and privileges given to data subjects.
Under the LGPD, “processing” is defined as collection, production, reproduction, transmission, receipt, use, classification, filing, storage, control or evaluation of data, deletion, dissemination, extraction, modification, and communication. The LGPD applies to “personal data” that is defined as any information related to an identified or identifiable natural person. Moreover, sensitive data such as political opinion, racial or ethnic origin, religion, health, sex and more as they relate to a natural person.
Under the LGDP, the data subjects are given the following rights relating to their personal data:
• Awareness and confirmation of the existence of data processing;
• Anonymization or pseudonymization or removal of pieces of data that have been collected or processed without compliance with the LGPD;
• Access to personal data;
• Correction of inaccurate data;
• Right to request deletion;
• Right to revocation of consent;
• Right to request disclosure of any third parties with whom personal data is shared;
• Access to the customer policy information and consent revocation terms and conditions.
The data subject has the right to exercise these rights by getting in touch with us any time free of charge.
As a business, we can only process personal data if there is any legal basis for processing that data. The LGPD provides approximately ten (10) legal basis for processing data. The ten grounds are:
1. The data subject gives express consent to process the data.
2. Data processing is necessary to comply with a legal obligation.
3. Processing is essential to protect the life or physical safety of the data subject or another third party.
4. Necessary to execute a contract or contract related procedures that the data subject is a party of at the request of the data subject.
5. Necessary to process to fulfill the legitimate interests of the controller or of the third-party, except when data subject’s fundamental rights prevail.
6. Necessary to process in order to protect credit (refers to a credit score).
7. You need to process to protect the health in relation to activities of health professionals or health entities.
8. Necessary to process to carry out studies by research entities that ensure, when possible, the anonymization of personal data.
9. Necessary to process to exercise rights in judicial, arbitration and administrative procedures.
10. Necessary to process to execute public policies provided in laws or regulations, or those that are based on contracts, policies, agreements or similar binding instruments.
New Horizons Academy mostly uses legal basis #1, #4, and #5 above, which are that the data subject gives express consent to process the data; that processing is necessary to execute a contract or contract related procedures that the data subject is a party of at the request of the data subject; and that processing is necessary to to fulfill the legitimate interests of the controller or of the third-party, except when data subject’s fundamental rights prevail to process personal and sensitive data collected from you, respectively.
8. WE USE THIRD PARTY SOFTWARE AND COMPANIES
We find it necessary to use some third-party platforms to operate and run certain aspects of our business. We carefully vet and evaluate our options before committing to work with any third-party platform.
Here are the current third-party platform that we work with:
9. INFORMATION AND DATA WE SHARE WITH OR TRANSFER TO THIRD-PARTY BUSINESSES
We share information and personal data with Mailer Lite, which is the email service provider that we chose to work with. Whenever a potential customer signs up or creates an account, the following information is transferred to Mailer Lite: first name, last name, email address.
Mailer Lite uses the first/last name and email address of the customer/subscriber to send them information about their account and purchased products. We use Mailer Lite to keep in touch with our customers/subscribers to give them account updates, news and valuable content.
Square and PayPal
Square and PayPal are payment gateways that we use for our customers and subscribers. All the payment details such as credit card or debit card numbers, security numbers, expiration codes are all stored by the payment gateways, in this case Square and PayPal in no particular order.
We do not collect or store any kind of payment information such as credit card, debit card or bank account number for our customers and potential customers. If the site visitor or customer has an issue with payment connected matters, the first place to look for answers would be to talk to either Square or PayPal.
Member Vault is a membership website where their customers can offer products, services and subscriptions to their customers.
Our website collects cookies, and has Google Analytics installed. Both of these pieces of data and code collect information from our website visitors. The collected information is essential for us to operate and provide the service our customers expect from us.
10. OTHER MEANS THAT DATA IS COLLECTED
There are other methods during which data and personal information is collected from our site visitors. During the time you visit and use our site, certain limited data are collected from public databases, marketing partners, social media platforms, and analytics sources.
The types of data collected about our customers from other sources are location, computer system, which pages you have visited on our site, how long is spent on each page, IP address, country and possibly even your social media profiles and referrals.
11. CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) COMPLIANCE
Our site is not intended for children under the age of thirteen (13). We do not knowingly and/or intentionally collect any personally identifiable information from children under the age of 13. If you are under 13 years of age, please do not use or provide any information on our website. Do not use any third parties that might have links present on this website. Do not provide your name, address, phone number or any payment information.
If a parent or guardian believes that this website unknowingly collected personally identifiable information from a child under the age of 13 in its database, please contact us at once and we will do our best to immediately remove any and all such information from our database.
12. HOW DO WE USE THE INFORMATION WE COLLECT FROM YOU?
Keep Business Operational and Functional
Some of the information that you willingly provided to us, and others that might have been collected through cookies and other pixels, such as Google Analytics, Facebook or site tracking pixels, are used to ensure that our site is kept in an operational and functional state. Some of the data is necessary so that the customer can actually gain access to their account, receive account notifications and emails, to get customer support, help with system troubleshooting and more.
Marketing and Advertising
The information we collected from you may be used to send you targeted marketing and advertising campaigns. These email and ad campaigns will introduce you to our products and services or let you know of important updates. The legal basis for processing your information in this case can be based on both your valid consent or legitimate business interest.
If you do not wish to receive any marketing emails from us at any point (even if you gave your consent previously), then simply click on the “unsubscribe” link present at the footer of our emails.
The information that we collected from you may also be used to show you targeted ads. Those ads can be Facebook ads, Google ads, Instagram ads, Pinterest ads, etc. These particular ads will be tailored to you based on your interest through the data that we collected. The legal basis for processing and using your data in this manner is our legitimate business interest to grow our business and operate it as well as can be.
Information Collected from Third-Party Apps and Tools
Any information collected from third-party tools such as Facebook pixel and Google Analytics is used for statistical and analytical purposes and for evaluating and making improvements to operate and grow our business. This automatically collected information will not include personal information data.
13. SHARING YOUR PERSONAL INFORMATION AND DATA
We only share your personal information and data collected from you and third-party software with third-party companies that are associated with us and are essential to run our business. These third-party companies will keep your information secure and safe. They will not disclose it to others. The third-party companies that we share your information with are all GDPR compliant and respect your rights to your data.
We do not share, disclose, sell, lease or rent your information to any unrelated third-party business that is not associated with us and with the running of our business.
Only under limited circumstances will necessary information be shared with third-parties that are not associated with our business. Here are the situations in which we will share your information:
1. You gave us express consent to do so;
2. You entered into a contract for recurring payments—for this reason, your information will be processed on an as-needed basis to uphold the agreement;
3. Performance of a contract—if you are obligated to pay or perform an action, and you fail, we reserve the right to share necessary information with a third-party company, such as a collection agency or an attorney; and
4. Mandated by law—if legal proceedings are initiated, and there is a subpoena (unlikely, but better to be prepared than surprised).
Under the privacy laws we can store strictly necessary cookies on your device for the operation and maintenance of this site. However, we do need your permission for all other types of cookies.
You will find different types of cookies on our site. Some of those are placed by third party services that are necessary for our business to operate.
15. EMAIL COMMUNICATIONS & CAN-SPAM COMPLIANCE
If you decide to contact us through email, we reserve the right to retain the content of your email messages, your email address and our responses. We do this because it helps us with growing our business and keeping our records organized.
In compliance with the CAN-SPAM Act, any and all communications sent from our company or website will clearly state who the email is from, who the email is for and how to contact the sender.
Furthermore, should you wish not to receive any more emails, you can click on the “unsubscribe” link located at the bottom of the email.
16. CONTACT US
Our GDPR Representative
If you have any questions or concerns please contact us via email or social media platform and we will address your concern most expediently.
Updated Nov, 2020
TERMS AND CONDITIONS
This Terms and Conditions agreement is entered into by and between You and New Horizons Academy (hereafter, “New Horizons Academy”, “Website”, “Site”, “Company”, “We”, “Our”, “Us”).
1. AGREEMENT TO THE TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement between You and us concerning your access to and use of our site, as well as well as any other application, media channel or tool related to New Horizons Academy and our business purposes.
You understand, acknowledge and accept that by accessing this website, you are bound by all of these Terms and Conditions presented to you in this very agreement. By using our website or by clicking to accept or agree to the Terms and Conditions when and if this option is made expressly available to you, you accept and agree to be bound and abide by these Terms and Conditions.
2. GENERAL TERMS
New Horizons Academy is a membership site. This means that in order for you, as the customer or website visitor, to be able to access and use the features of our site, you will be required to create or register an “Account” through the website. Upon registering or creating an account, you will have an active account that you can start using to access your chosen free or purchased products, services and/or memberships, such as online courses, coaching sessions, group coaching, challenges and more. The data and information that you will access belongs to us. You will have no rights as to the ownership of the materials within your individually purchased products or services (or free items). As long as payments are kept current you will have continued access to materials you have purchased. You are not permitted to use any files that you know are corrupt that would potentially pose a risk to the entire site or your personal computer or device.
You acknowledge, agree and accept that any technical processing, transmission and transfer of the service, including things like your content, can be transferred unencrypted or shared with over various networks, as well as the data or content may be changed in order to conform to the technical requirements of the site itself to avoid any errors.
3. CREDIT CARD TRANSACTIONS AND CHARGES
Payments for your products, services and/or membership is handled via the payment gateways PayPal and Square.
In the event that a payment made by a customer fails (for whatever reason), then PayPal or Square may re-attempt the payment and three (3) other additional times. Therefore, all in all, both payment gateways try to capture the payment for a total of four (4) times. Each time the payment fails, PayPal and Square send notification email to the customer letting them know that their payment did not go through.
If all four (4) attempts to collect payment by the processors fail, the customer’s product, service and/or membership is automatically cancelled within the payment processor itself. Thereafter, we will contact our customer about monies owed in order to receive requested product, service and/or membership.
We do monitor failed payments and when there is a third failed payment, someone from our team will reach out to our customer to see if the situation can be rectified.
7. DISCLAIMER AND WARRANTIES
New Horizons Academy does not make any warranties or representations that the site or any other information or product available through the site, regardless of the original source, are reliable, up to date and accurate. Although we continue doing everything in our power to make sure the provided information, product or service is accurate and up to date, every person or entity must do their due diligence before they use said service or product. We disclaim any and all liability that might arise out of inaccurate, not up to date or erroneous data and information that is present on the site. The site and any third-party software, services and products are all provided “as is” without any representations or warranties.
We are in no way liable to you if any of your data or information you may have entered gets lost.
8. NO GUARANTEES OF RESULTS
You understand, acknowledge and accept that we do not make any guarantees or representations to you about any results or potential gain that you might be able to make from your site access or any resources and products. Any testimonials or customer journey stories you might see displayed on our website, in general, is not and should not be taken as a promise or guarantee that you can achieve similar results. You understand and agree that any result or achievement is based on various factors, and, as such, we cannot make any guarantees, promises or representations to that end. Moreover, we are not liable to you in any way if you do not achieve results that you saw on the platform.
9. ADDITIONS AND MODIFICATIONS TO THE TERMS
We reserve the right to make changes and additions to these Terms and Conditions from time to time. Any and all changes are effective immediately as soon as the Terms and Conditions policy is published to the website. If you continue using the website after we post our changes to the Terms and Conditions, it means that you have read the new Terms and Agreement policy and understand, acknowledge and agree to these updated or changed terms.
10. INTELLECTUAL PROPERTY RIGHTS
Any accessed free or purchased materials or courses and/or resources provided for our customers are all our proprietary property unless otherwise indicated. We have complete and exclusive ownership and control of any source code, databases, functionality, software, website designs, audio, video, text, photographs, membership platform, subscriptions and graphics on the site (hereafter, “Content”) and the trademarks, service marks and logos contained therein (hereafter, “Marks”). The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
You agree and acknowledge that you will not copy, modify, amend, imitate, alter or use any of our intellectual property without our prior written consent. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the company to the customer, nor grant any right or license other than those stated in this Agreement.
As a visitor and user of our site, you are given limited access and are not permitted to break the boundaries of that access. This means you own the content that you've purchased, such as online courses, memberships, any attached digital files (videos, audios, pdf, images) that you intend to consume for educational purposes. However, you don’t own or control any proprietary data or source code that belongs to New Horizons Academy or its site.
As a condition of your access to our site, your use of our resources and services, you agree and acknowledge to not use the site or any of the resources available for download, subscription, viewing or general use for any purpose that is prohibited by these Terms and Conditions and/or is unlawful. You will not use the website for any illegal or unauthorized purpose. In addition, you will not engage in unauthorized framing of or linking to the website; attempt to impersonate another customer; interfere with the website in a way that affects other people’s quality of use of the website; or attempt to bypass or hack any measures of the site designed to prevent or restrict access to the site or to any portion of the site.
Content belonging to New Horizons Academy is not for resale. You have permission to subscribe to our site to use toward consuming educational products and membership. However, you do not have authority or permission to resell any free or purchased products or membership.
Furthermore, you acknowledge and accept that you will only access information and materials through our site that you lawfully have accessed for free or for purchase for your own consumption. You further acknowledge and agree that you are the lawful customer or subscriber and have proper permission for all the content that you have purchased through our site.
11. THIRD-PARTY RESOURCES AND CONTENT
Our Website may contain links to third-party websites and resources, as well as articles, blog posts, photographs, quotations, software and information in general.
Such Third-Party resources and links are not monitored or controlled by our Website or Company. Therefore, we are not responsible or liable for any content the Third-Party Websites might show, write, or use or in general whether the link or resources is kept up to date or operational. You are clicking on Third-Party Website links and resources at your own risk. You accept and acknowledge that we are not in any way liable and do not assume any risk. In fact, you, as the user, acknowledge that you have sole responsibility and assume all liability that might arise out of your use or access of any third-party websites, links and/or resources.
You agree and understand that we do not endorse the products or services offered by Third-Party Websites. You indemnify us from any harm caused by your purchase and/or use of such products and services. If you sustain any harm or losses due to your use or purchase of Third-Party Website products or services, you hold us harmless. We are not responsible for your actions or those of Third-Party Websites.
Under no circumstances will we be liable to any party for direct, indirect, consequential, incidental, or special damages that rises out of the customer’s use or reliance on our site. You indemnify us from any and all claims including those related to personal or business interruptions, or any other loss, condition or issue.
13. UPDATES AND INTERRUPTIONS TO THE SITE
We reserve the right to change, modify or remove the contents of the site at any time for any reason at our discretion without needing permission from anyone and without notice. As an educational site, you accept and agree that our site is constantly under development to improve upon existing features and to create new ones and to update courses and programs as often as we like. You acknowledge and agree that you may be required to accept updates to our site and/or service from time to time so that you may continue being able to access your product or account.
We will not be liable to you or any third party if we decide to modify, change or remove part or all of the content from the site, change prices or suspend or discontinue the site. We cannot guarantee that the site will be available at all times. We may experience downtime, technical or software difficulties, or we may simply decide to discontinue for whatever reason. In the event that the site is going to discontinue, you will be notified beforehand.
You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use our site.
We do not have any obligation to provide updates or modifications or to continue to provide particular aspects of the service.
14. GOVERNING LAW
These Terms and Conditions agreement and your access and use of our site are governed by and construed in accordance with the laws of the United States.
15. BINDING ARBITRATION
If a dispute arises between us and if we are unable to resolve the dispute through informal negotiations, then the dispute will be submitted to an independent arbitration service chosen by us. The actual arbitration for the dispute resolution shall take place within ninety (90) days of submitting the dispute demand and it will take place over the telephone for the convenience of both parties. The arbitration decision is final and binding and will provide for the payment of costs and attorney fees. The arbitration decision is not subject to judicial review and may be entered and enforced in any court of law of proper jurisdiction as a judgment of law or decree in equity.
16. INTERNATIONAL USERS
This Website and these Terms and Conditions are controlled, operated and administered by us in the United States of America (“USA”). If you access the Website and Services from a location outside of the USA then you are responsible for complying with all the local laws. You acknowledge and agree that you may not access and use this Website and its contents and services in any way or manner prohibited by applicable laws and regulations of your country and region. You are solely and exclusively liable for upholding your local laws.
If you operate within the European Economic Area or are an EU Resident, you can view our Data Processing Agreement above.
17. NO JOINT VENTURE OR PARTNERSHIP
No Joint Venture or Partnership/Agency relationship is created between You and New Horizons Academy by your use and creation of an account on our site. You further agree that these Terms and Conditions will not be construed against us simply because we drafted them. You waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the fact that they are not signed by the parties.
18. ENTIRETY OF THE AGREEMENT
You acknowledge, understand and agree that these Terms and Conditions Agreement constitutes the Entire Agreement between you, as the member, and us and it supersedes all prior and contemporaneous agreements, representations and understandings between us.
We welcome you to contact us if you have any questions, concerns or comments regarding the terms in this agreement via email or social media platform.
Updated Nov, 2020.