Terms of Use

Last Updated on April 5th, 2023

NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products, including online courses. These Terms and Conditions apply to all Nicole Spires LLC Online Courses.

TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services offered by Nicole Spires, LLC (“Company” or “We” or “Us” or “Our”) are owned and provided by the Company. The term “You” or “Your” refers to any user or purchaser of said program(s), product(s), or service(s) (the “Offering”). These Terms and Conditions of Use serve as the governing agreement and define how You are allowed to use and access Company’s Offering. We retain the right to update and modify these Terms and Conditions of Use at any time, and will provide updates accordingly with the ‘date last updated’ indicated at the top of this page.

By accessing and using Company’s Offering, You are legally bound to comply with these Terms and Conditions of Use, irrespective of whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please communicate with Us by email at support@nicolespires.com and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

GENERAL PROVISIONS
Nicole Spires, LLC, an Oregon limited liability company, is the legal owner and operator of this website.

Your use of this website is entirely at Your own risk. We utilize a reputable platform to host Our website and make reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties regarding the safety of Your individual use of the website. Please note that the Terms and Conditions provided on this page are subject to modification at any time.

YOUR PRODUCT OR COURSE USE AND CONSENT
Upon purchasing Our Offering, You were provided reasonable notice of the existence of these Terms and Conditions of Use. By continuing with the purchase of the Offering and accessing it further, You have implicitly agreed and continue to agree to comply with these Terms and Conditions of Use, along with any disclaimers and privacy disclosures incorporated herein.

You warrant and represent that You are at least 18 years old or the age of majority in Your respective jurisdiction in order to access the Offering. If You are under 18 years of age but above the required age for consent to use online services as stipulated by Your jurisdiction (such as 13 in the US or 16 in Ireland), You may not access the Offering without the involvement and consent of a parent or legal guardian who will enroll and supervise Your participation in appropriate courses. If You are below the age of consent to use online services, You may not access the Offering under any circumstance. If We discover that You have done so in contravention of these rules, We reserve the right to terminate Your account. The access of Our Offering and related materials by a minor constitutes a violation of use, and We retain the right to terminate Your access in the event of such a discovery.

INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks, including all Intellectual Property, are owned and considered property of Nicole Spires, LLC or the respective party properly attributed (the “Intellectual Property”). Federal law prohibits the use of any part of the Intellectual Property, and any modification of materials contained on this website is illegal and may result in legal action, including the pursuit of financial penalties (damages) and/or an injunction compelling You to immediately desist from the use of Our intellectual property.

You may use Our Intellectual Property with clear and obvious attribution back to Our site, as well as links to the page where the materials, designs, images, text, quote, or post is located where appropriate. However, You are strictly prohibited from claiming any portion of Our Intellectual Property as Your own or unique creation, even when appropriately attributed, or using any Intellectual Property within the Offering that is attributed to a third-party.

ONLINE COURSE INTELLECTUAL PROPERTY

LIMITED LICENSE
All materials, both paid and free, that You access on this website or any related domains that contain Our Offering are solely owned or licensed for use by Nicole Spires, LLC.

By accessing any content or materials in the Offering that You have paid for or opted to receive, You are granted a limited, non-transferable, non-exclusive, revocable license for non-commercial use only. You acknowledge that exceeding the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, constitutes infringement that materially harms Us. We retain the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You are permitted to access and use the Offering solely for Your personal use. You may also download and/or print any materials contained within the Offering for Your personal use.

However, You are strictly prohibited from engaging in the following activities:

  • Reselling or trading Your access to the Offering to any third party.
  • Sharing the Offering or any materials contained within with anyone who has not purchased it or opted in to receive it.
  • Republishing or reprinting any of the Offering, in whole or in part.
  • Distributing any of the materials contained in the Offering or related materials and/or communications as Your own.
  • Creating a derivative work of any part or whole of the Offering for distribution as Your own.
  • Claiming ownership or using any of Our Intellectual Property without Our prior written consent, including but not limited to copyrights, trademarks, and trade dress.
  • Using Our Offering or any related materials and/or communications in any unlawful manner or for any illegal or unauthorized purpose.

REQUEST FOR PERMISSION TO USE CONTENT
In order to use, publish, or access any of our content, Offering(s), or related materials, you must obtain written permission from us beforehand. This can be done by sending an email to support@nicolespires.com requesting permission.

CIVIL AND CRIMINAL PENALTIES
Although Our Offering may not be a physical object that You can possess and take with You, it is still considered theft to misappropriate, infringe, or otherwise violate these Terms and Conditions of Use. We retain the right to pursue legal action against infringers to the fullest extent permitted by criminal or civil law in any jurisdiction authorized. By purchasing any Offering or accessing its related communications and/or materials, You explicitly consent to the personal jurisdiction and exclusive venue of the federal and state courts situated in and serving Klamath County, Oregon.

MODEL RELEASE
You represent and warrant that You have full ownership of the copyright to any image(s) You utilize on Our platforms or in conjunction with Our Offering or related materials, free and clear of any third-party claims. By submitting any image(s) to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request, You grant Us a commercial license to use Your image(s). We reserve the right to utilize such images for any reasonable future business purposes.

NOTIFICATION OF USE
We are under no obligation to provide notification to You or any individual depicted in photographs of Our use or publication of any image(s) that You submit by default or voluntarily.

SECURITY AND ASSUMPTION OF RISK

SECURITY
You bear the responsibility of safeguarding Your username and password from theft or any other unauthorized use that may contravene these Terms and Conditions of Use. We do not retain any complete credit card numbers or payment information, and instead, these are handled by third-party processors, such as Stripe, PayPal, or SamCart. By employing these payment processors to acquire access to the Offering, You hold Us harmless and accept any and all risks or liabilities related to the security of payment details, and consent to comply with the third-party payment processor’s relevant terms and conditions of use.

CONFIDENTIALITY
You acknowledge and agree that absent any explicit statement to the contrary, such as in a subsequent client agreement, or any implicit agreement mandated by law or fiduciary duty, You have no reasonable expectation of confidentiality with respect to any communication or information exchanged with Us, whether such communication or information is made orally, in writing, or via electronic means.

ASSUMPTION OF RISK
Upon accessing any of our paid or unpaid offerings or related materials, you hereby assume all risks associated with such access and any subsequent actions you may take as a result of the information, influence, or educational materials presented to you.

YOUR COMMUNICATIONS
Any communications transmitted through Our ‘contact’, blog, blog comments, newsletter sign-up, or other related pages, or directly to Our phones or mailing or email addresses shall not be deemed privileged or confidential and may be subject to viewing and distribution by third parties. We reserve the right to ownership of any and all communications displayed on Our website, servers, comments, emails, or other media, as permitted by applicable U.S. law, and We shall not provide credit or royalties for unsolicited user-generated content such as blog comments or emails. For more information regarding Our storage and use of Your communications or any data provided by You in those communications, please refer to Our Privacy Policy, which can be found on this page.

We reserve the right to republish any submission, in whole or in part, as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS
Our website and related materials are intended solely for educational and informational purposes. By accessing and using our website, you agree to indemnify and hold us harmless for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including but not limited to any consequences arising from technological failures such as payment processor errors or system failures.

While we may reference certain results, outcomes, or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is regularly updated, and while we make every effort to provide timely and accurate information, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up-to-date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should identify any errors or omissions and would like to inform us, please contact us at support@nicolespires.com.

OUTCOMES DISCLAIMER
You acknowledge and agree that individual outcomes may vary and that case studies or testimonials presented in Our Offering(s) or related material(s) are not indicative of typical results. We recognize that each individual has unique backgrounds, health, motivation, and other factors beyond Our control that may impact the effectiveness of Our Offering(s). Consequently, We cannot assure Your success or guarantee any particular results solely based on Your access to or purchase of Our Offering(s) or related material(s).

GENERAL DISCLAIMER
In accordance with applicable law, we hereby disclaim all liability for any direct, indirect, or consequential loss or damage suffered by you or any other person in connection with our Offering(s), including, without limitation, any liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal interruptions, misapplication of information, physical or mental disease, condition, or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of goodwill, wasted time, or any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

We are not professionals in the medical, legal, financial, or any other field, and even if we are, we do not provide professional services during the course of our Offering(s) and related materials. You explicitly acknowledge that we are not acting in any professional capacity, including medical, legal, financial, or otherwise. Our Offering(s) are for educational and entertainment purposes only, and none of the materials or related content should be construed as medical, legal, or financial advice.

You also acknowledge that individual results may vary, and case studies or testimonials provided by us are not indicative of typical results. Each individual brings different backgrounds, health, motivation, and other factors that are beyond our control, and therefore we cannot guarantee your success simply by accessing or purchasing our Offering(s) or related materials.

THIRD PARTY DISCLAIMER
You acknowledge and agree that We bear no liability for any defamatory, offensive, or illegal conduct exhibited by any other participant or user, including Yourself.

WARRANTIES DISCLAIMER
WE HEREBY DECLARE THAT WE DO NOT PROVIDE ANY WARRANTIES AS TO OUR OFFERINGS, PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT SUCH OFFERINGS, PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICE MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. WE DO NOT GUARANTEE THAT ANY PART OF OUR WEBSITE, OR CONTENT, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TECHNOLOGY DISCLAIMER
We strive to provide You with reliable technology, software, and platforms to access Our Offering(s) and related material(s). However, in the event of technological failure, You acknowledge that We cannot be held responsible for such failure, and while We will make reasonable efforts to assist You, some technological issues are beyond Our control, and You may need to seek support from a third-party provider, such as SamCart.

WE SHALL NOT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM ANY EVENT OF FORCE MAJEURE OR ANY CAUSE BEYOND OUR OR THEIR CONTROL, INCLUDING ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY SHALL BE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE, OR HARDWARE, OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE OFFERINGS.

ERRORS AND OMISSIONS
We provide no warranty or guarantee regarding the accuracy, timeliness, completeness, performance, or suitability of the information contained in Our Offering(s). We shall not be held liable for any inaccuracies, errors, or reliance on personal opinions contained within Our Offering(s) or related material(s).

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

INDEMNIFICATION
You shall at all times indemnify and hold Our Company, along with any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, harmless from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including but not limited to legal fees and expenses, arising out of or related to Your use of Our Offering(s).

LIMITATION OF LIABILITY
We shall not be held liable in any way for the information, products, or materials requested or received by You through or in relation to Our Offering(s). We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes resulting from Your access to Our Offering(s) and related material(s).

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RESULTING FROM (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING NEGLIGENCE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING ATTORNEYS’ FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR OUR ABILITY TO MAKE THE OFFERINGS AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

AFFILIATES
This website may employ affiliate links to promote particular products or services. By accessing and utilizing such links, You assume sole responsibility for any outcomes resulting from such actions, whether advantageous or detrimental. We shall not be held liable for any losses or damages that may arise from Your purchase or use of products or services through affiliate links. We shall make reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions.

TERMINATION
In the event that we determine, at our sole discretion, that you have breached these Terms and Conditions, we reserve the right to immediately terminate your access to our website, Offerings, and any related communications as we deem appropriate. We retain the sole discretion to allow or disallow any user’s access to our website and may revoke such access at any time, without prior notice. If necessary, we may also block your IP address from accessing our site(s) in the future.

FINANCIAL CONSIDERATIONS

COURSE PURCHASE REFUNDS
We are committed to your satisfaction with your purchase from our Offerings, and to that end, we offer a refund period of 30 days for certain courses. Should you decide that your purchase was not the right decision for you or your business, please notify our support team at support@nicolespires.com within 30 days of enrollment to request a refund, no later than 11:59 PM Pacific Standard Time on the 30th day.

It is important to note that we will not provide refunds more than 30 days following the date of purchase, and after day 30, all payments are non-refundable. In the event that you have opted for a payment plan and do not request a refund within the specified 30-day period, you are required by law to complete the remaining payments of your payment plan.

If you have any questions or concerns regarding the refund policy or any other matter, please contact our support team directly at support@nicolespires.com.

CHARGEBACKS
You acknowledge and agree that in the event of any dispute or concern regarding Your purchase of Our Offering, You will first attempt to obtain a refund from Us. In the event that You initiate a chargeback with Your financial institution, You expressly acknowledge and agree that You will forfeit any and all bonuses, affiliate bonuses, or other materials that were provided to You as part of Your original purchase of Our Offering. We reserve the right to provide evidence of Your access to and use of Our Offering, as well as these Terms and Conditions of Use, to any financial institution investigating the dispute.

RECURRING PAYMENTS
If You have entered into a payment plan for the purchase of Our Offerings, You hereby grant Us continued access to Your financial information that is stored by the third-party financial processing company referred to in this Agreement, until such time as Your payment plan is fully satisfied, as stipulated in the purchase terms that You accepted during the checkout process.

REVOCATION OF ACCESS
Unless otherwise specified in this Agreement, You hold the unilateral right to terminate Your use and access to any of Our Offerings. To initiate this process, please send an email to support@nicolespires.com. Notwithstanding termination, You remain responsible for any outstanding payment obligations. Upon confirmation of termination, all outstanding balances become immediately due and payable. Any remaining balance that goes unpaid for 14 days after the termination date shall be forwarded to a collections agency. You hereby agree to assume responsibility for any additional charges, fees, or costs related to collection efforts, including reasonable attorney’s fees and court costs.

DISPUTE RESOLUTION
If You and Our Company are unable to resolve a dispute or potential claim through good-faith negotiation, You acknowledge and agree to attempt to resolve such dispute through Alternative Dispute Resolution or Mediation before pursuing a civil cause of action.

NON-DISPARAGEMENT
In the event that you engage in slander, libel, or other disparaging conduct towards Our Company, Offerings, or any related materials, we reserve the right to remove You from the Offerings and any associated communications at Our sole discretion. Furthermore, We reserve the right to initiate a civil cause of action against You for any such detrimental actions that cause material harm to Our Company.

ENTIRE AGREEMENT
Prior to registration or making any purchases from Our website, You will be required to provide Your consent to Our Privacy Policy. Upon granting Your consent, or following the grant of Your consent, the terms of Our Privacy Policy, combined with these Terms and Conditions, constitute the complete agreement between Our company and users of this website with respect to its use.

LAW AND JURISDICTION
It is hereby agreed that any dispute arising out of or in connection with these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any choice of law or conflict of law provisions thereof. In the event that any such dispute is not subject to binding arbitration, You and Nicole Spires, LLC irrevocably submit to the exclusive jurisdiction of the federal and state courts located in and serving Klamath County, Oregon, as the legal forum for the resolution of any such dispute.

CONSENT
Upon using our website, you hereby express your consent to abide by and be legally bound by our Terms and Conditions of Use and Privacy Policy. If you require further clarification or have any questions concerning the aforementioned policies, please feel free to contact us at support@nicolespires.com.

ALL RIGHTS RESERVED
All rights that are not explicitly granted in these Terms and Conditions of Use and Privacy Policy or any written agreement are reserved by the Company.

SEVERABILITY
In the event that any provision of these Terms and Conditions of Use and Privacy Policy is held to be illegal or unenforceable, the remaining provisions shall remain in full force and effect.

CONTACT INFORMATION
If you have any inquiries or concerns regarding any provision of these Terms of Use, please do not hesitate to reach out to us at support@nicolespires.com.


Privacy Policy

Last Updated on April 5, 2023

Nicole Spires, LLC is committed to protecting Your privacy. This Privacy Policy is intended to describe how We collect, use, disclose, and safeguard the personal information You provide to Us when accessing Our website, purchasing Our products or services, or engaging with Us on social media. This Policy also outlines Your rights with respect to the personal information We collect.

Please carefully review this Privacy Policy. We will indicate any modifications to this Policy by updating the “last updated” date at the top of this page. Any revisions to this Policy become effective immediately upon being published on Our website, and Your continued use of Our website constitutes Your acceptance of any changes to this Policy. We encourage You to periodically review this Privacy Policy when using Our website or engaging with Us on social media.


COLLECTION OF INFORMATION

Nicole Spires, LLC collects various types of information from You when You access Our website, make purchases, or interact with Us on social media. By accepting this Privacy Policy, You explicitly consent to Our collection of the information described below, Our use of the information, the processing of this information, and Our sharing of the information with third-party processors as needed for Our legitimate business interests. The types of information We collect include:

PERSONAL DATA

Personal Data refers to information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number, or demographic information such as Your age, gender, or hometown. You provide this information voluntarily by registering on Our website, making purchases, or participating in various activities associated with Our site, including responding to blogs, contacting Us with questions, or participating in group training. Your disclosure of this data is voluntary, and refusal to provide this information may limit Your access to certain benefits on Our website or prevent You from making purchases.

DERIVATIVE DATA

Derivative data refers to information Our servers automatically collect about You when You access Our website, including Your IP address, browser type, the dates and times that You access Our website, and the specific pages You view. If You use a mobile application, Our servers may collect information about Your device name and type, phone number, country of origin, and other interactions with Our application. Derivative data may also include information collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Derivative data collected by third-party service providers generally does not identify a specific individual.

FINANCIAL DATA

Financial data refers to data related to Your payment method, such as credit card or bank transfer details. We collect financial data to facilitate purchases, orders, returns, or exchanges of products or services from Our website or any related mobile apps. We store limited financial data. Most financial data is transferred to Our payment processor, SamCart, PayPal, or Stripe. You should review these processors’ Privacy Policy to determine how they use, disclose, and protect Your financial data.

SOCIAL NETWORKING DATA

We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat, or other social networking sites or apps not named specifically here, which may include Your name, Your social network username, location, email address, age, gender, profile picture, and any other public information. If You do not want Us to access this information, please adjust Your privacy settings on the specific social networking site.

MOBILE DEVICE DATA

If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.

OTHER DATA

Occasionally, You may provide Us with additional data to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information, and it will be clear that You are offering this information in exchange for entry into such a contest or giveaway.


HOW WE USE YOUR INFORMATION
In accordance with our Privacy Policy, your information is processed and utilized for a variety of purposes. Specifically, we utilize the information and data described above for the following purposes:

  1. Creating and administering your account;
  2. Delivering any products or services purchased by you;
  3. Corresponding with you;
  4. Processing payments or refunds;
  5. Contacting you about new offerings that we believe may be of interest to you;
  6. Interacting with you via social media;
  7. Sending you newsletters or other updates about our company or website;
  8. Delivering targeted advertising;
  9. Requesting feedback from you;
  10. Notifying you of updates to our product and service offerings;
  11. Resolving disputes and troubleshooting any problems;
  12. Administering contests or giveaways;
  13. Generating a personalized profile for you to improve future interactions with our website;
  14. Compiling anonymous statistical data for our own or a third party’s use;
  15. Assisting law enforcement when necessary;
  16. Preventing fraudulent activity on our website or mobile app; and
  17. Analyzing trends to improve our website and offerings.

We store your data and may transmit it to a third party for processing. However, to the extent we process your data, we do so in service of our legitimate business interests, such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app.

GROUNDS FOR USING AND PROCESSING YOUR DATA
The information collected and stored by Nicole Spires, LLC is primarily used to facilitate the sale of goods and services. Furthermore, Nicole Spires, LLC may collect, use, and process Your information based on the following legal grounds:

LEGITIMATE BUSINESS INTERESTS
Our utilization and processing of Your data are predominantly for the legitimate business interests of the company, which encompass, among other things, facilitating communication with You, enhancing Our products or services, improving Our website, and delivering the information or goods You have requested.

Execution of Contract: We may employ and process Your information to execute a contract with You and fulfill Our contractual obligations to You.

Consent: We may employ Your data, or permit selected third parties to use Your data, upon Your consent to Our use and disclosure of that data. Nonetheless, withdrawing Your consent may adversely affect Your ability to utilize Our website or other offerings.

Legal Compliance: We may also use or process Your data as necessary to fulfill Our legal obligations.


WHY WE DISCLOSE YOUR INFORMATION
In certain circumstances, we may share your information with third parties. Specifically, we may disclose your data to third-party processors as necessary to serve our legitimate business interests, which include website administration, account administration, contracting with you, communicating with you, taking orders for goods and services, delivering our goods and services, identifying trends, protecting our company and website security, and marketing additional goods and services to you. The legal basis for our disclosure of your data is your consent to this privacy policy and our right to protect and promote our legitimate business interests.

We may share your information for the following reasons:

  1. Third-Party Processing: We may share your information with third parties who assist us with various tasks, including payment processing, hosting services, email delivery, communications, and customer service. We may not always disclose these third-party processors if not required by law. We do not authorize them to use or disclose your personal information except in connection with providing their services to us.
  2. Legal Requirements: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
  3. Protecting our Company: We may use your information to protect our company, including investigating and remedying any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
  4. Business Transfers: In the unlikely event that our company engages in a merger, acquisition, bankruptcy proceedings, dissolution, reorganization, or similar transaction or proceeding, we may transfer or share your data as part of that proceeding. In such transitions, customer information is one of the business assets that is acquired by a third party. You acknowledge that such business transfers may occur and that your personal information can continue to be stored, used, or processed as otherwise set forth in this privacy policy.
  5. Third-Party Marketing: We may disclose your information to certain third parties as listed on our website for the purpose of enabling them to contact you so that they can offer you relevant goods and services.
  6. Advertisers: We may use third-party advertising companies to run and manage our ads on Facebook, Instagram, and Pinterest to produce ads that appear when you visit our website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of such other advertisers or websites. You should consult the respective privacy policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

Please note that, at this time, we do not recognize automated browser signals regarding tracking systems, which may include “do not track” instructions.

  1. Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform you if required by law.
  2. Interaction With Others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.
  3. Online Postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.
  4. External Links: Our website may include hyperlinks to other websites not controlled by


WEBSITE ANALYTICS
We reserve the right to engage in partnerships with third-party analytic companies, including Google Analytics, for the purpose of analyzing visitors’ use of our website or mobile app, in order to determine the popularity of the content and better understand online activity. These third-party vendors may utilize cookies or other tracking technologies, as described previously, to carry out their analytic services. Please note that we do not transfer personal information to these third-party vendors.

In order to access our website, your consent to the collection and use of your information by these third-party analytic companies is required. We encourage you to review the Privacy Policy of these third-party vendors and to contact them directly with any questions or concerns.

If you do not wish for any information to be collected or used by tracking technologies, you may utilize the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

To opt-out of having your activity on our website made available to Google Analytics, you may install the Google Analytics opt-out browser add-on, which prevents Google Analytics from retrieving information about your visits to our website. For additional information on Google’s Privacy Policy, please visit: https://policies.google.com/privacy.

To opt-out of Facebook’s interest-based ads, please visit: www.facebook.com/help/. Additional information regarding Facebook’s Privacy Policy can be found at www.facebook.com/full_data_use_policy.


PROCESSING YOUR INFORMATION
In the ordinary course of business, we typically engage third-party processors to handle the processing of Your information. For example, when You make a payment through PayPal, they act as a third-party processor to handle the payment transaction and remit the funds to us. Therefore, it may be necessary for us to share Your information with third-party processors as we do not have the capability to perform these functions ourselves. Please see below for further details on third-party processing.

Occasionally, we may also process Your data internally. The legal basis for such processing is typically Your consent, our legitimate business interests, or our legal obligations. Our purposes for processing such information, if we do so, include administering, maintaining, and improving our website and offerings, entering into contracts with You and fulfilling the terms of those contracts, maintaining transaction and interaction records, providing goods and services, complying with legal obligations, seeking professional advice, and protecting our company’s, our customers’ (including Your) and any third parties’ rights and interests. The data that we may process includes, but is not limited to, the following:

  1. Account-related information, such as Your name, address, email address, and payment information.
  2. Information related to Your usage of our website, such as Your IP address, geographical information, and browsing activity.
  3. Personal profile information, such as Your name, address, profile picture, interests and hobbies, or employment details.
  4. Information that You provide to us in the course of using our services.
  5. Information that You post on our website, such as comments or responses to blogs.
  6. Information that You submit to us when making an inquiry about our website or offerings.
  7. Information related to Your transactions with us, including Your purchase of our goods or services, which may include contact details and payment information.
  8. Information that You provide to us when subscribing to our emails or newsletters, including Your email address and contact information.
  9. Information that You submit to us via correspondence, such as when emailing us with questions.
  10. Any other information identified in this policy, for the purpose of complying with our legal obligations or protecting the vital interests of You or any other natural person.


INTERNATIONAL DATA
Our website is hosted on servers located in the United States, and therefore, if you reside outside of the U.S., some of your data will be transferred internationally to and stored on those servers. Additionally, we may engage third-party processors, including payment processors and subcontractors, located in the U.S. We take all reasonable measures to ensure the security of your data during transfer, including hosting our website on reputable servers and engaging reputable third-party processors. By providing us with your information and using our website, you consent to the transfer, processing, and storage of your information in the U.S. Please note that the privacy laws in the U.S. may not be as strict as those in other countries.

It is important to be aware that we may transfer data collected from you to locations outside of our headquarters for processing or storing, and such data may be processed by our staff or by third-party processors. For example, we may engage third parties to fulfill orders. By submitting your personal data, you agree to this transfer, storage, and processing. We take all reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

Any data provided to us is stored on secure servers, and payment information and other sensitive data will be encrypted to ensure its safety. However, please be aware that the transmission of data via the internet is never completely secure, and we cannot guarantee the security of data that is sent to us electronically. Therefore, the transmission of data to us is done at your own risk.

If data that you have transmitted to us is password-protected, it is your responsibility to keep the password confidential. You are solely responsible for any breaches of your data that result from your own disclosure of or failure to protect your password.


DATA RETENTION
In accordance with our legal obligations and legitimate business purposes, we maintain personal data for as long as it is necessary. This includes retaining data until you request us to delete it, or until we are required by law to do so. For example, we retain personal information indefinitely to maintain your account, unless you delete it. However, data collected for specific purposes, such as assisting law enforcement or analyzing trends, will be kept for no longer than is necessary for that particular purpose. Personal data that is no longer needed will be permanently deleted.

We will comply with your request to delete your data unless the law requires us to maintain access to it. Please note, however, that we cannot control the retention policies of third parties to whom we have transmitted your data. If you wish to have such data deleted by those third parties, you must contact them directly. If you would like to know the third parties to whom we have transmitted your data, please request a list from us.

We may retain usage data, which refers to data collected by our company or third-party analytics companies for analyzing the use of our website, for internal analysis purposes. This type of data is usually retained for a shorter period of time than personal data, unless it is necessary to improve the security or functionality of our website or offerings, or if we are legally required to retain it for a longer period.

SECURITY OF YOUR INFORMATION
We make reasonable efforts to safeguard your personal data and maintain its confidentiality. We employ reputable and secure online payment systems and adhere to generally accepted security standards to protect against the loss or misuse of personal data. However, it is important to note that no security measure is infallible, and the interception or misuse of data transmission cannot be entirely prevented. As a result, we cannot ensure complete security of any information transmitted to us.

By consenting to this Privacy Policy, you acknowledge that your personal data may be transmitted worldwide via the internet, and we cannot control the actions of other parties in relation to your data.

In the event of a known breach of our security systems or a breach of your personal data which poses a significant risk to you, we will promptly notify you.

CHILDREN
This website or mobile app is intended for use only by individuals who have reached the applicable age of consent in their country. We do not knowingly collect personal data from anyone who has not reached the applicable age of consent in their country. If you are under the applicable age of consent in your country, you are not authorized to access or use our website or related products or services. If you become aware that we have collected personal data from anyone under the applicable age of consent in their country, please contact us immediately so that we may promptly delete such data.

SENSITIVE DATA
We kindly request that You refrain from submitting any sensitive data to Us, including but not limited to social security number, health data, genetic data, or information concerning Your ethnic origin, religious beliefs, or criminal history, via public postings, email correspondence, or any other means of communication. In the event that You do transmit such information to Us, You acknowledge and agree that Your submission constitutes consent to Our use, storage, and processing of such sensitive data in accordance with this privacy policy.

YOUR RIGHTS
As it pertains to your personal data, you have certain rights, which are described below. Please be advised that We may charge you a reasonable fee for any actions you request Us to take in regards to Your data. Moreover, before We undertake any such actions, We reserve the right to request that You provide Us with evidence of Your identity. We also reserve the right to restrict or nullify Your data rights to the extent they conflict with Our compelling business interests, the public interest, or the law.

UPDATE ACCOUNT INFORMATION
As the data subject, You have the right to access and rectify Your personal information held by Us. Should You wish to update or delete Your information, You may contact Us through the email address provided for such purposes: support@nicolespires.com.

CONFIRM PERSONAL DATA AND ITS USE
You possess the right to request confirmation of the data that we possess about You, as well as the purpose for which We hold it. Additionally, You possess the right to seek confirmation on whether We process Your data or provide Your data to third-party processors and the purpose of such processing. We shall provide You with copies of Your personal data, except when doing so would infringe on the rights and freedoms of other individuals.

Change Consent: You have the right to change Your consent to Our use of Your information. In such cases, We may require You to delete Your account with Us, as described above, and You may not have full access to Our website.

Request a Copy of Data: You have the right to request a digital copy of the data that We hold about You. Your first request for a copy of Your personal data will be provided free of charge, and subsequent requests may incur a reasonable fee.

Emails and Communications: You may opt-out of receiving future email correspondence from Us by checking the appropriate box when You register for an account or make a purchase. You may change Your communication settings by contacting Us at support@nicolespires.com.

Marketing Communications: You may opt-out of receiving any third-party marketing communications or having Your personal information used for marketing purposes. You may do so by contacting Us at support@nicolespires.com.

Complaints: If You are an EU resident, You have the right to lodge a complaint with a supervisory authority if You believe We are misusing Your data or have violated any of Your rights under this Privacy Policy or applicable law. You may do so in the EU member state in which You reside or have Your place of business or in which the alleged infringement took place. If You are located outside the EU, You may have rights under privacy laws in the jurisdiction where You live.


CALIFORNIA PRIVACY RIGHTS
The State of California has implemented its own set of regulations that exclusively apply to California residents. As of January 1, 2020, we have implemented compliance with the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. (CCPA).

Any California resident may request, free of charge, the personal information that we have collected or stored about themselves or about a member of their household. For security reasons, we reserve the right to ask for verification of your identity and proof of your California residency when you make a request.

Any California resident has the right to request their personal data that we have collected, or request for deletion of the personal data that we have collected, including but not limited to:

  • Personally identifying information such as name, alias(es), mailing or residential address, IP address, email address, account name, biometrics, or any other data that could uniquely identify a California resident;
  • Commercial information such as products or services purchased, obtained, or considered, search history, interactions with our website, or any other browsing or purchasing history of our site and/or offer(s);
  • Public or private site comments;
  • Geolocation data;
  • Professional or employment-related information;
  • Education information.

We reserve the right to collect any of the above data on California residents and their households.

We do not intend to sell your data. Nonetheless, any California resident may send us an email at support@nicolespires.com to explicitly opt-out of any sale of data.

California residents may also opt to request the deletion of their account and any data that we have collected and associated with them.

We commit to complying with any data request or deletion made in accordance with the CCPA in a reasonable timeframe during normal business hours and excluding holidays or our pre-scheduled time off.

NEWSLETTER PRIVACY
We provide You with the option to voluntarily disclose certain information to Us, such as Your name and email address, which We may use for email and marketing purposes. You may opt-out of receiving any future communications by email, but please note that We retain the right to maintain a record of past email subscribers. We may use this information as necessary for Our business operations and in accordance with applicable laws. Reasonably necessary third parties involved in the regular course of Our business, including but not limited to Facebook and Google Pay Per Click marketing campaigns, may have access to Your information.