Privacy Policy & Terms of Service

 

 

PRIVACY POLICY

Effective Date: June 23rd, 2020

We at Evergreen Counseling A Marriage And Family Therapy Corporation (doing business as Evergreen Counseling) (“Company”, “we”, “us”) respect your privacy and want you to understand how we collect, use, and share data about you – our visitors, users and customers.

This Privacy Policy (“Policy”) addresses our data collection practices and describes your rights to access, correct, or restrict our use of your personal information. Unless we state otherwise, this Policy applies when you visit or use the Company website(s) – https://www.evergreencounseling.com – our social media channels and related platforms (“Platforms”).

By using the Platforms, you agree to the terms of this Policy, our Terms of Service (located here https://www.evergreencounseling.com/privacy-policy/) or any other agreement that governs your use of our Platforms (collectively, “Agreements”). You should not use our Platforms if you do not agree with the terms and conditions contained in these Agreements.

1. WHAT INFORMATION WE COLLECT

a. Information You Provide Us

We collect information you provide directly to us. For example, we collect information when you create an online account, sign up to receive our emails, communicate with us on the Platforms or via third-party social media sites, or order our products or services. The type of information we may collect include your:

  • name
  • email address
  • zip code
  • billing address
  • shipping address
  • phone number
  • payment card information
  • products ordered
  • purchase date
  • demographic information
  • any other information you choose to provide

 

b. Automatically Collected Information through Tracking Technologies

When you visit or use the Platforms, we may use cookies, pixels, tags, web beacons, and other tracking technologies to collect information about your browsing and purchasing behavior. The type of information we may collect include:

  • type of browser you use
  • type of computer you use
  • access times
  • pages viewed
  • time spent on pages
  • links clicked
  • your IP address
  • technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized
  • search terms you use on this website
  • the referring link through which you accessed the Site
  • conversion information

 

2. WHAT WE USE YOUR INFORMATION FOR

We use collected information in a variety of ways, including to:

  • analyze website performance
  • track user patterns
  • provide the products and services you request;
  • process transactions and send you related information (i.e., confirmations and receipts);
  • respond to your comments, questions and requests and provide customer service;
  • communicate with you about products, services, offers, promotions, and provide news and information we think will be of interest to you;
  • send you technical notices, updates, security alerts, and support and administrative messages;
  • better tailor our Platforms to your interests and needs;
  • carry out profiling activities in order to learn more about you; and
  • offer you tailored advertising based on your behavior on our Platforms.

 

3. WHO WE SHARE YOUR INFORMATION WITH

  • Publicly Shared Information

Any information that you voluntarily choose to share in a public area of our Platforms (e.g., by posting a comment to a blog post or leaving a review) will be available to anyone who has access to that content.

  • To Company Employees and Contractors

We may share your personal information within the Company to our employees and contractors in order to deliver our services and products to you.

  • Third-Party Service Providers

We use third-party service providers to collect and process personal information from or about you on our behalf.  Examples include data analysis, marketing and advertising services, email and hosting services, customer services and support, hosting customer accounts, processing credit card payments, and collecting customer research or satisfaction surveys. They have access to the personal information needed to perform their functions.

  • Online Advertising Services

We use third-party advertising services to deliver advertising about our products and services on our Platforms, as well as other websites and applications you use. The ads may be based on information we have collected (as outlined above) and information these advertising providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services and may be tailored to your interests.

  • Analytic Services

We use third-party browser and mobile analytics services, like Google Analytics, on the Platforms. These services use tools to help us analyze your use of the Platforms, including information like the third-party website you arrive from, how often you visit, events within the Platforms, usage and performance data, and purchasing behavior. We use this data to improve the Platforms and provide information, products and services that may be of interest to you.

  • Law Enforcement, Legal Process and Compliance

We may disclose personal information about you (1) if we are required or permitted to do so by applicable law or legal process (such as a court order or subpoena), (2) to law enforcement authorities or other government officials to comply with a legitimate legal request, (3) when we believe disclosure is necessary to prevent physical harm or financial loss, (4) to establish, exercise or defend our legal rights, (5) in connection with an investigation of suspected or actual fraud or illegal activity or (6) otherwise with your consent.

  • Change of Ownership

We reserve the right to transfer to relevant third-parties any information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business combination. In such case, we will require the relevant third parties to provide comparable levels of protection as we provide with respect to the information we share.

 

4. KEEPING YOUR INFORMATION SECURE

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

The transmission of information via the internet or email is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Platforms or over email; any transmission is at your own risk.

 

5. YOUR RIGHTS

Under the General Data Protection Regulation, you may have a number of important rights free of charge. Please note that for each of the rights below we may have valid legal reasons to refuse your request.  In such instances, we will let you know if that is the case. In summary, your rights include:

  • Fair processing of information and transparency over how we use your use personal information;
  • Access to your personal information and to certain other supplementary information that this Policy is already designed to address;
  • Require us to correct any mistakes in your information which we hold;
  • Require the erasure of personal information concerning you in certain situations;
  • Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;
  • Object at any time to processing of personal information concerning you for direct marketing;
  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
  • Object in certain other situations to our continued processing of your personal information;
  • Otherwise restrict our processing of your personal information in certain circumstances.

 

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individual’s rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

  • Email, call, or write to us (see “How to Contact Us” below);
  • Provide us enough information to identify you (e.g., account number, user name, registration details);
  • Provide us proof of your identity and address; and
  • Provide us sufficient information to which your request relates (e.g., any account or reference numbers).

 

Email Communications: If you would like to unsubscribe from any email marketing communications we send you, you can click on the unsubscribe link at the bottom of the message.

Cookies and “Do Not Track” Signals: Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, but note that doing so does not necessarily affect third party flash cookies used in connection with the Platforms. Further information about deleting and blocking cookies can be found at http://www.allaboutcookies.org.

Many web browsers support Do Not Track technology. To learn more about Do Not Track, visit: http://www.allaboutdnt.org/

  • Information from Third Parties: To manage the information we receive about you from a social media site or other third parties, you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this Policy and the information the third-party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third-party site will not apply to our use of the information we have collected directly through our Platforms.

 

6. THIRD-PARTY SITES

The Platforms may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Platforms. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Platforms. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

 

7. DATA TRANSFERS

In order for us to provide the products and services to you, your personal information will be stored and processed in the United States. Where data is shared with third-party data processors, your data will be captured, transferred, stored and processed in accordance with their policies, practices and in compliance with their local regulatory laws.

 

8. DATA RETENTION

We will retain your information for as long as your account is active, as necessary to comply with our legal obligations, to resolve disputes, and enforce our agreements. We purge non-customer email subscribers who have not engaged with the Company’s email marketing communications after (180+) days.

If you wish to have your information deleted, please contact us (see “How to Contact Us” below).

 

9. OUR POLICY CONCERNING MINORS

Minors should not use the Platforms. If we learn that we’ve collected personal data from a minor, we will take reasonable steps to delete it. Parents who believe that the Company may have collected personal information from a minor can submit a request that it be removed by contacting us (see “How to Contact Us” below).

 

Children’s Online Privacy Protection Act

This website and any products and services offered herein are not intended for persons under the age of 18. Evergreen Counseling does not knowingly collect information from anyone under 18 years of age. Evergreen Counseling prohibits children under the age of 18 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Evergreen Counseling will not knowingly collect personally identifiable information from children under 18. If Evergreen Counseling learns it has any information or content from anyone under the age of 18, it will delete that information.

 

10. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, you have the right to request certain details about what personal information we share with third parties for those third parties’ direct marketing purposes. To submit your request, please contact us (see “How to Contact Us” below) with the phrase “California Shine the Light” and include your mailing address, state of residence, and email address.

 

11. CHANGES AND UPDATES TO THIS POLICY

We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Policy, and in some cases, we may provide you with additional notice (such as sending you an email notification). We encourage you to review the Policy whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy.

 

12. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the information we hold about you, please contact us at:

Elizabeth Anne Wright, Owner of Evergreen Counseling A Marriage And Family Therapy Corporation

annie@evergreencounseling.com

2140 Shattuck Ave,

Suite #804,

Berkeley, CA 94704

 


 

Terms of Service

Effective Date: June 23rd, 2020

The terms “we”, “us”, and “our” refer to Evergreen Counseling A Marriage And Family Therapy Corporation DBA Evergreen Counseling (“Company”).  

The terms “Site(s)” refers to www.evergreencounseling.com (“Site(s)”). 

On the Site, we provide: psychoeducational and general educational programming and materials. (“Service(s)”).

The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Site and/or Service. 

By using our Site and/or Service, whether made available for purchase or not, you are agreeing to the following Terms of Service, our Privacy Policy (located here https://www.evergreencounseling.com/privacy-policy/) or any other agreement that governs your use of our Site or Service (collectively, “Agreements”). You should not use our Site or Service if you do not agree with the terms and conditions contained in these Agreements.

 

USE OF THE SITE AND SERVICE

To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.

 

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

All of the information provided throughout the Platforms and Products (including the digital content delivered via email, blog, podcasts, live and prerecorded events, on social media, through webinars and other content, whether available for purchase or not) are resources for educational and informational purposes only. They do not constitute medical advice and are not guaranteed to be accurate, complete, reliable, current or error-free. The information contained on the Platforms and Products are not a substitute for personalized advice from a knowledgeable health care professional. If you have specific questions, you should seek the advice of an attorney authorized to practice law in your jurisdiction. Please click here to read our Medical Disclaimer for more information.

 

ACCESSING THE PLATFORMS AND PRODUCTS

In order to access the Platforms and/or online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access.

We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Platforms (or any part thereof) or Products, for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Platforms and/or Products. We are not responsible for delay or failure of our performance of any of the features of the Platforms and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

 

LAWFUL PURPOSES

You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

REFUSAL OF SERVICE

We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.

 

SHIPPING POLICIES

Our products are delivered to you online in a digital format (i.e., no physical products are shipped to you).

 

REFUND POLICY

Refunds for your purchase are not available. You agree to make timely and full payments to the Company for your purchase.

 

DISCLAIMER

The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.

 

ERRORS, INACCURACIES, AND OMISSIONS

Information provided on the Site and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information.

 

OUR INTELLECTUAL PROPERTY

The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.

 

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS. 

 

THIRD PARTY WEBSITE AND RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

AFFILIATE LINKS

Some of the sections of this site will allow you to purchase different products and services online provided by other merchants, and not us. Some of the links that we post on our site are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission.*

We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, a merchant will likely have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their site or on a site that we have posted a link to, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected the merchant and us. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

*Disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

 

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

GOVERNING LAW

The Terms of Service shall be governed by the laws of the State of California.

 

DISPUTE RESOLUTION

We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by agreeing to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Alameda County, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, any party may take the matter to court.

If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled. 

 

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

ENTIRE AGREEMENT

These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Site and/or Service) constitute the entire agreement between you and the Company with respect to the Site and/or Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and/or Service.

 

WAIVER

Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.

 

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

 

OUR PRIVACY POLICY

Please review our Privacy Policy located at https://www.evergreencounseling.com/privacy-policy/.

 

CHANGED TERMS

We reserve the right to update any portion of our Site and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site.  If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.

 

HOW TO CONTACT US

If you have any questions about this Terms of Service, please contact us at: 

Elizabeth Anne Wright, Owner of Evergreen Counseling A Marriage And Family Therapy Corporation

annie@evergreencounseling.com

2140 Shattuck Ave, Suite #804

Berkeley, CA 94704

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