Terms of Service

Terms of Service

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service along with our Privacy Policy and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Power of Positivity also know as “PoP”, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this web site are protected by United States copyright and trademark law.

2. Information about us

Founded and owned by Kristen & Chris Butler, Power of Positivity® or www.powerofpositivity.com or in short form “PoP” celebrates the lifestyle of positive thinking and attitude. PoP is located in Asheville, NC and was founded in 2009. The brand’s mission is to provide daily inspiration and science-based solutions to its community to improve well-being and create a happier, more positive life. Our website is owned and operated by Power of Positivity LLC. We are a Limited Liability Company in Asheville, North California. Power of Positivity® is a registered Intellectual Property of us. 

3. Disclaimer

Power of Positivity or PoP grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use. We can change these terms of use at any time. Please check these terms of use from time to time to take notice of any changes we made, as these are binding on you. PoP makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PoP does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Power of Positivity LLC:
—
**Giveaway/Contest Disclaimer:** 
 1.
**Eligibility:** All giveaways and contests hosted by Power of
Positivity LLC are open to individuals who are 18 years of age or older,
unless otherwise stated. Employees of Power of Positivity LLC and their
immediate family members are not eligible to participate.
 2.
**Entry Period:** The entry period for each giveaway/contest will be
clearly specified in the respective giveaway/contest post. Entries
received after the specified deadline will not be considered. 
 3.
**Entry Method:** To enter, participants must follow the instructions
provided in the giveaway/contest post on any social media platform or
internet platform where the giveaway/contest is hosted. Only entries
that fulfill the entry criteria will be eligible. 
 4.
**Winner Selection:** Winners will be selected at random from eligible
entries. The number of winners and prizes will be clearly stated in the
giveaway/contest post.
 5.
**Prize Fulfillment:** Prizes are non-transferable and cannot be
exchanged for cash or other alternatives unless explicitly stated. Power
of Positivity LLC reserves the right to substitute the prize with
another of equal or greater value if necessary. 
 6.
**Notification:** Winners will be notified via [insert method of
notification, e.g., direct message, email] within [insert timeframe,
e.g., 7 days] after the end of the giveaway/contest. If a winner does
not respond within [insert timeframe, e.g., 48 hours] of notification,
another winner may be selected.
 7.
**Publicity:** By participating in any giveaway/contest hosted by Power
of Positivity LLC, participants grant Power of Positivity LLC the right
to use their name and likeness for promotional purposes without further
compensation, unless prohibited by law. 
 8.
**Release of Liability:** Power of Positivity LLC and its affiliates,
subsidiaries, officers, directors, employees, and agents shall not be
liable for any loss, damage, injury, or expense arising out of or in
connection with participation in any giveaway/contest or the acceptance,
use, or misuse of any prize. 
 9.
**Compliance with Rules:** By participating in any giveaway/contest
hosted by Power of Positivity LLC, participants agree to comply with
these rules and all decisions of Power of Positivity LLC, which are
final and binding. 
10. **Sponsor:** Power of Positivity LLC is the sponsor of all giveaways/contests mentioned herein. 
 11.
**Third-Party Disclaimer:** Giveaways/contests hosted by Power of
Positivity LLC are not sponsored, endorsed, administered by, or
associated with Facebook, Instagram, X, LinkedIn, TikTok or any
third-party social media or internet platform.

4. Accessing our site

1. The information on our site is made available free of charge.
2. We do not guarantee that our site, or any content on it, will always be available or will never be interrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if our site is ever unavailable for any reason.
3. You are responsible for making all arrangements necessary for you to have access to our website.
4. Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof. (e) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must keep that information confidential and must not reveal it to any third party (f) We can disable any user identification code or password at any time if, in our reasonable opinion, you have failed to keep to these terms of use.

We reserve the right to change, suspend, or cease the Site with or without notice to you. You approved that the PoP will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

5. Intellectual property rights

We respect the intellectual property of others and ask that users or visitors of our website do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides a solution for the removal of any infringing materials. Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website. Following –

1. We own or hold a licence for all intellectual property rights in our site, and in the content on it. The content is protected by Trademark & Copyright laws and treaties around the world.
2. You can print off one copy, and may download extracts, of any page from our site for your personal use, and you can refer others within your organisation to any content on our site.
3. You must not change the printed or digital copies of any content you have printed off or downloaded, and must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text.
4. You must always acknowledge us (and any identified contributors) as the authors of content on our site.
5. You must not use any part of the content on our site for commercial purposes without first getting a licence from us or the organisation which gave us our licence to use that content.
6. If you print off, copy or download any part of our site in a way that breaks these terms of use, your right to use our site will end immediately and you must return or destroy (as specified by us) any copies you have made of the content.

Reporting Infringement

PoP is dedicated to ensuring that contents do not violate or infringe a Rights Owner’s intellectual property (IP). Rights Owners can report infringing content if they find on www.powerofpositivity.com. To submit a notice of IP infringement, you must be the Rights Owner who owns the IP being reported or an agent with approval from the Rights Owner to submit notices on his or her behalf. Do not forget to provide your contact details (name, address, phone number, email address, secondary contact details) when you report infringement. Please email to [email protected] with following information –

1. A signature of a person authorised to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name
2. Identification in sufficient detail of the work allegedly infringed upon
3. Identification of the allegedly infringing material on PoP including the specific location of the material so that Legal Team can find it. Upon reporting, please provide the PoP listing URL to each item you allege is infringing
4. The name of the intellectual property owner, Copyright/Trademark Registration Number and contact information for the notifier, including name, address, telephone number, and email address
5. A statement that the notifier has a good faith belief that the material is not authorised by the intellectual property owner, its agent, or the law
6. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorised to make the complaint on behalf of the copyright owner.

If you misrepresent that material is infringing, you may be liable for damages (including costs and lawyers’ fees). Therefore, if you are not sure whether the material is infringing, please contact a lawyer before submitting a notice to PoP. Fraudulent or abusive notices or other misuse of PoP’s Intellectual Property Policy may result in account termination or other legal consequences.

6. Suspension and termination

If we decide that your use of our site does not keep to this acceptable use policy, we may take whatever action we consider appropriate. If you do not keep to this acceptable use policy, you will have broken our website terms of use, which may result in us doing any or all of the following.

1. Temporarily or permanently withdrawing your right to use our site, without giving you notice.
2. Temporarily or permanently removing any material or contribution you have posted or uploaded to our site, without giving you notice.
3. Give you a warning email
4. Give law-enforcement authorities any information they reasonably need.
5. Take any other action we think is necessary.

7. Changes to this acceptable use policy

We may change this acceptable use policy at any time. You should read this page from time to time to check for any changes we make, as they are legally binding on you. Some parts of this acceptable use policy may also be overruled or replaced by conditions or notices published elsewhere on our site.

8. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Power of Positivity reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy. For more information [email protected]

9. Course Refunds

Thank you for purchasing our course at PowerofPositivity.com, operated by Power of Positivity, LLC.

We offer a full money-back guarantee for all course purchases made on our website. If you have gone through at least 25% of the course and are not satisfied with the product that you have purchased from us, you can refund your purchase. You are eligible for a full reimbursement within 10 calendar days of your purchase.

After the 10-day period you will no longer be eligible and won’t be able to receive a refund. We encourage all customers to try our products in the first ten days after their purchase to ensure it fits your needs.

If you have any additional questions or would like to request a refund, feel free to contact us at [email protected]

10. Affiliate Disclaimer:

Power of Positivity, LLC. participates in various affiliate marketing programs, which means we may earn commissions on purchases made through our links to third-party websites. Our editorial content is not influenced by affiliate partnerships. We only recommend products or services that we believe will add value to our users.

It is important to note that:

• Power of Positivity, LLC. is not responsible for the quality, accuracy, reliability, or legality of any products, services, or content offered by third-party websites linked through our affiliate programs.

• Any claims, warranties, or representations made by third-party websites regarding their products or services are solely the responsibility of the third-party website.

• Power of Positivity, LLC. does not endorse or guarantee any products, services, or content provided by third-party websites, nor does it assume any liability for any losses, damages, or disputes arising from transactions with third-party websites.

By using our website and clicking on affiliate links, you acknowledge and agree to these terms.

If you have any questions or concerns about our affiliate disclaimer, please contact us at [email protected].

11. AI Disclaimer:

Power of Positivity, LLC. utilizes artificial intelligence (AI) technology to provide certain features and services on our platform. It is important to understand the following:

1. Accuracy and Reliability: While we strive to maintain the accuracy and reliability of our AI-powered features, we cannot guarantee that the information provided by our AI technology is always error-free or up-to-date. Users should independently verify any information obtained through our AI features before relying on it for decision-making purposes.

2. Limitations of AI: AI technology may have limitations and may not be suitable for all use cases. Users should exercise caution and use their judgment when interpreting the output or recommendations generated by our AI features.

3. No Legal Advice: The information provided by our AI technology is not intended to constitute legal or medical advice or replace professional advice from qualified legal professionals. Users should consult with a licensed attorney or expert for personalized guidance tailored to their specific circumstances.

4. Copyright and Likeness: Users acknowledge that the AI technology may generate content or recommendations that resemble copyrighted materials or likeness of individuals. Power of Positivity, LLC. disclaims any liability for copyright infringement or violations of likeness rights resulting from the use of our AI features. Users are responsible for ensuring that they have the necessary rights or permissions for any content generated or used through our platform.

5. Disclaimer of Liability: Power of Positivity, LLC. shall not be liable for any losses, damages, or disputes arising from the use of our AI features, including but not limited to inaccuracies, errors, copyright infringement, or violations of likeness rights in the information provided by the AI technology.

By using our platform and accessing the AI-powered features, you acknowledge and agree to the terms of this AI disclaimer.

If you have any questions or concerns about our AI disclaimer, please contact us at [email protected]

Dispute Resolution

Before either party may seek arbitration, the party must issue a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to [email protected]. After the Notice is received, you and the Company may attempt to resolve the claim or dispute amicably.

Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to PoP is that of an independent user, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

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Privacy Policy

Privacy Policy

Power of Positivity™ understands that your privacy is important to you and that you care about how your Personal data is used and shared online. We respect and value the privacy of everyone who visits our website www.powerofpositivity.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using our Site immediately. This policy is not applicable to any information collected offline or via channels other than this website.

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

1. Information Collection, Use, and Disclosure

When you trust us with your personal information, we take our responsibility to protect it very seriously. We respect your privacy and your rights to control your personal information. With that in mind, we want to be clear about the information we collect and why.

The main purpose of collecting your information is to provide you with the best user end experience on our website (our site), whether that’s using our site to find information, to advertise your business, or for some other reason. No matter how you use our site, we want to help you to use it as effortlessly as possible.

This privacy disclosure (together with our website terms of use and any other documents referred to in them) explains how we will gather and use your personal information. To let us operate the Platform effectively and to let you use the Platform, we may collect, use, and store the information described below. We also disclose certain information to third parties, as described further below. The information we collect is received directly or indirectly from you and generated in the course of your use of the Platform. The data we collect is not used for marketing or any other purposes except as specified in this Privacy Policy. In operating our website we may collect and process the following data about you –

1. Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
2. Information that you provide by filling in forms on our website, such as when you registered for information or reading contents.
3. Information is provided to us when you communicate with us for any reason.
4. We review our retention periods for personal information on a regular basis. We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us.

In addition, We collect the information you voluntarily provide through our site, over the phone, by email, in a comment posted on our website, or in any other way. The information you give us may include your name, address, email address and phone number.

When you provide information through our site, you are in control of the type and amount of information you provide. By using the Signup form on our website, you agree to us processing your information (including any special category data you have provided) as is necessary for the service you’ve requested. We will not be responsible for the type of information you voluntarily provide through our site. However, to make sure that we keep to the General Data Protection Regulation (EU) 2016/679 (GDPR), we will ask you to tick a box on the appropriate form to confirm that we have your permission to process this information.

Protecting this information is important for us. Other than in the ways detailed in this Privacy Policy, we will never use or disclose any information unless you requested or approved us to do so.

P.S: If you do not provide the personal information we ask for, you can still visit most areas of our site, but you may not be able to choose certain options and services. In some cases, we may need to collect some personal information by law or under a contract, and you will be limited in the services you can use if you don’t provide personal information.

2. Log files, Cookies and Web Beacons

A cookie is a file that is transferred to your computer’s hard drive by a website in order to provide statistical information about the users of the website. Our website uses cookies to distinguish you from other people visiting or using our site. This improves your experience when you browse our site (for example, allowing you to save content, or keep you logged in to your profile on our site) and helps us to improve our site.

Cookies will be used for:

1. Creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
2. Recognizing when a user of the site has visited before allows us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
3. Recognizing if a visitor to the site is registered with us in any way;
4. We may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, and administer and track your usage of our site.
   1. Customizing elements of the promotional layout and/or content of the pages of the site.
   2. Collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.

www.powerofpositivity.com follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this as part of hosting services’ analytics. The information collected by log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any personally identifiable information. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.

All Cookies, Logs, and Beacons are used by and on our website in accordance with the United States Privacy Act and EU GDPR Policy. 

3. Use of Your Information

The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:

 

1. To provide you with the information requested from us, relating to our Contents. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information.
2. To meet our contractual commitments to you.
3. To notify you about any changes to our website, such as improvements or content changes, that may affect our service.
4. If you are an existing customer, we may contact you with information about Contents and services similar to those which were the subject of a previous sale to you.

 

If you are a new prospect or visitor, we may contact you by telephone, post or email from time to time with information about contents we feel would be of interest to you. By submitting an inquiry from this website you consent to allow us to contact you. However, if you do not wish to receive this contact please opt-out through the unsubscribe button.

4. Storing your Personal Data

By providing your personal information, you agree to that information being transferred, stored and processed to our hosting platform. We will take all steps reasonably necessary to make sure your information is kept secure and in line with this privacy notice. We will have controls in place, such as agreements containing appropriate clauses, to make sure that your information is protected to the same standard.

To protect your information we have put in place suitable physical, electronic and managerial procedures to protect information collected through our site. Only those employees, agent and other third parties who need your information for business purposes will have access to it. They will only process your personal information when we instruct them to do so, and they must keep the information confidential. If we have given you (or you have chosen) a password to use to visit certain parts of our site, you must keep the password confidential. You should not share passwords with anyone.

We have procedures in place to deal with any situation where we suspect that the conditions in this Privacy Policy have not been met, and will tell you and any appropriate regulator if we need to do so by law.

5. Purposes of sharing data to Third Parties

We share certain information & data to Third Parties for:

1. Business purposes and advertising: We may share a user’s information with a third party for PPC or Advertising. We may also share your information with vendors and service providers, including our data hosting and data storage partners, analytics and advertising providers, and vendors providing technology services and support, payment processing, and data security. We also may share information with professional advisers
2. With your direction or consent: We may share your information with third parties if you request or direct us to do so.
3. With affiliates within our corporate group: We may share your information with any subsidiaries or parent companies within our corporate group.
4. Compliance with law: We may share your information with a court, a regulatory entity, law enforcement personnel, or pursuant to a subpoena, to comply with applicable law or any obligations thereunder.
5. In the context of a transaction: We may share your information in connection with an asset sale, merger, bankruptcy, or other business transaction.
6. For other business reasons: We may share your information to enforce any applicable Terms and Conditions and Terms of Use, and to ensure the safety and security of the Platform and our users.

Note that if you make any information publicly available on the Platform, anyone may see and use such information. For more information, please contact [email protected]

6. Advertising Partners Privacy Policies

You may consult this list below to find the Privacy Policy for each of the advertising partners of Power of Positivity. Following –

Advertising:
Google Ads
Facebook Ads
LinkedIn Ads
Meta Events Manager
Pinterest Ads
Prebid – Google Ad Manager
Freestar.IO

Website Metrics
Alexa metrics
FB PIXEL
GA4
Google Tag Manager

Website Features/Access:
Google Fonts
Font Awesome
Google ReCaptcha
Gravatar
Sendgrid

CONTACT FORM – For use of contacting our website

Third-party ad servers or ad networks use technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on PoP which are sent directly to users’ browsers. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit. Note that, we have no access to or control over these cookies that are used by third-party advertisers.

7. Data Protection Rights

GDPR

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

1. The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
2. The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
3. The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
4. The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
5. The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
6. The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
7. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

CCPA

The following extra rights are available to our users who reside in California under the California Consumer Privacy Act (“CCPA”):

1. Right to Information: You have the right to ask us to provide you with details about the personal information we have obtained, utilized, shared, and sold about you during the last 12 months. This involves asking for any or all of the following information. the types of private information gathered about you; The types of sources from which we obtained your personal information; The types of personal information about you that we have sold or otherwise made public for business purposes; types of third parties to whom your personal information was sold or shared with a view to business; The exact personal data we have gathered about you, as well as our business or commercial goals in acquiring or selling it. Portability of data You have the right to ask for a copy of the personal information we’ve gathered and kept on file about you over the previous 12 months.
2. Right to Erasure: With some restrictions, you have the right to ask us to erase the personal information we’ve kept about you. Please be aware that if you request that your personal data be deleted, we reserve the right to refuse your request or to keep some portions of your personal data if doing so is required for us or our service providers to: Complete the transaction for which the personal data was gathered, offer a good or service that you requested or that was reasonably anticipated in light of our ongoing commercial connection with you, or in any other way carry out a contract between our company and you. Find security incidents, prevent harmful, dishonest, fraudulent, or illegal activities, or bring legal action against individuals guilty. Debugging seeks to locate and fix faults that interfere with a system’s intended functionality. Exercise your right to free speech, protect the freedom of another customer to do the same, or utilize another legal right. Respect the California Electronic Communications Privacy Act in accordance with Title 12 of Part 2 of the Penal Code’s Chapter 3.6 (beginning with Section 1546). if you have given informed consent, engage in public or peer-reviewed scientific, historical, or statistical research that serves the public interest and complies with all other applicable ethics and privacy laws when the deletion of the information is likely to make the completion of such research impossible or seriously impede its success. To permit only internal uses that, taking into account your connection with us, are essentially in line with your expectations. fulfill a legal need. Otherwise, we will internally use your personal data in a way that is legal and consistent with the context in which you gave it. You have the option to either opt-in or out of having your personal information sold. You may also choose to consent to the sale of your personal information. We do not, however, sell your personal information.

1. Right to Non-Discrimination: If you exercise your CCPA privacy rights, you have the right not to face discrimination from us. We won’t: Unless expressly approved by the CCPA you withhold goods or services. charge you a different price or rate for the same goods or services, whether by offering discounts or other perks or by enforcing penalties. offer you products or services of a higher standard. A different level or price for the goods or services you obtain, as well as a different level or quality of those goods or services, are suggested. Please send us a verifiable request to exercise your California privacy rights by visiting https://www.powerofpositivity.com/privacy-policy/ or sending an email to [email protected] Any of the aforementioned rights can be exercised from your profile if you have an account with us. You can get in touch with us using any of the methods listed above if you don’t have a profile or if you can’t access, manage, or delete the data in your profile. Any verifiable consumer request for your personal data may only be made by you or a person you have authorized to act on your behalf. Only twice per calendar year may you submit a verifiable consumer request for Right to Know or Data Portability. The verified customer request has to: Give us enough details so we can reasonably confirm you are the person whose personal information we gathered or their authorized representative. Depending on the request, we might need to confirm your identity via a further Ondato verification cycle, which calls for a valid government-issued ID and a photo that necessitates your presence through the a. (see Identity Verification section below for more information). Give us enough information about your request so that we can fully comprehend, consider, and address it. If we are unable to confirm your identity or have grounds to suspect that the request is fraudulent, we reserve the right to refuse your request.

1. Request from a Consumer by a Licensed Agent: If any authorized agent submits a consumer request on your behalf, we require an email to be sent to [email protected] along with all of the following information in order to authenticate that person or entity’s legitimacy to act on your behalf and to confirm the authorized agent’s identity: Evidence that you authorized the designated agent to submit the request by signing it. Depending on the request, sufficient data to confirm the identity of the authorized agent Depending on the nature of the request, we might additionally need your email address, the last four digits of your social security number, and a valid government-issued ID that hasn’t expired. If we are unable to establish your identity or right to make the request, as well as that the personal data pertains to you, we will not be able to reply to your request or furnish you with personal data. Creating an account with us is not necessary in order to submit a genuine consumer request. If you already have a login, though, you must log in in order to submit a request. When a customer makes a valid request, we will only utilize the personal information they submit to confirm their identity or right to make the request.

Within ten (10) business days of receiving the request, we will acknowledge receipt of it. Within forty-five (45) days of receiving a verifiable customer request, we shall react to it. If we need a longer time (up to 90 days), we will write to let you know why and for how long. We will deliver our written response to that account if you have one with us. We will send you our written response electronically if you don’t already have an account with us. Any disclosures we make will only apply to the twelve months prior to receiving the verified consumer request. If appropriate, we will additionally explain in our response why we are unable to fulfill a request. For requests for data portability, we shall deliver the relevant data in a portable and, to the extent technically possible, easily usable format that enables you to send the data to another body without difficulty. Unless your request is excessive, repeated, or obviously baseless, we won’t charge you a price to process it or respond to it. Before executing your request, we will let you know why we think the request is justified in charging a fee and provide you with an estimate of the cost.

• Your Rights to Privacy in Nevada

Even if their personal data is not currently being sold, Nevada law allows our users who are Nevada consumers to ask that their personal data not be sold (as defined under applicable Nevada law). Requests can be made without cost by emailing [email protected].

• Your Privacy Rights in the UK and the EU

Individuals have additional rights regarding their personal data in addition to those mentioned above according to European Union and UK privacy laws. Depending on the circumstances surrounding the processing of personal data, these rights may include: the right to object to decisions based on automated decision-making or profiling that have an impact on you that is significant legally or in another way; the right to request a restriction on the processing of personal data or to object to the processing of personal data that is being done because I of a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) is being done to carry out a task in the public interest; the opportunity to request the certain personal information we hold on you be sent to you in a machine-readable format, which is known as the right to data portability; and You may be able to ask for the deletion or removal of some of the personal information we process about you under specific conditions, known as the right to erasure and/or the right to be forgotten. Please take note that in order to verify your request, we might need to ask you for more details. Please visit https://www.powerofpositivity.com/privacy-policy/ or send an email to [email protected] to exercise any of the aforementioned rights.

• Your Decisions

You can decide how we interact with you, how we use specific personal data that we acquire about you, and other things. You have the option to refuse to supply information when prompted, but if you do so and that information is required for us to deliver some of our services, you might not be able to access those services. Additionally, you can modify the settings on your browser to prevent certain information from being automatically collected. Opt-out of communications. You can unsubscribe from our email list at any time by clicking the unsubscribe link or other unsubscribe instructions included in any email you receive from us, getting in touch with us using the information at the end of this privacy notice, or adjusting your notification preferences in your account settings. If you want to opt-out, send us an email at the address listed below. In the email’s subject line, please put “Opt-Out,” and in the email body, provide your name and the email address you used to sign up for communications. Please be aware that if you conduct business with us in the future, you will not be able to opt out of receiving some automated notifications related to commercial transactions, such as order or subscription confirmations, according to relevant law.

• Internet tracking and cookies

For additional details on how to manage and/or avoid some web tracking technologies, refer to our Cookie Notice. Protecting personal information five To ensure the safety of our systems and the confidentiality, integrity, availability, and resilience of personal data, we employ reasonable and suitable physical, technological, and organizational protections. These precautions include encrypting personal data when we think it is necessary (ii) making sure personal data is backed up and is still accessible in the case of a security incident (iii), and (iv) conducting routine testing, assessments, and evaluations of our safeguards’ performance.

However, no method of data protection is 100 percent secure. Even while we take precautions to safeguard personal information, we cannot guarantee that these will be adequate or effective. You should also be aware that data transmission over the Internet is not always secure, and we cannot guarantee that any information you communicate via the Services will be secure.

• Personal Data Protection

After a user closes their account, we erase their personal information permanently, however, we may keep some personal information for six (6) months if we deem it necessary to carry out the processing activities outlined above, including but not limited to complying with applicable laws, regulations, rules, and requests of relevant law enforcement and/or other governmental agencies, and to the extent, we deem it reasonably necessary to protect our rights and the rights of our partners. We are obligated by applicable legislation to keep some financial data for a period of seven (5) years.

• “Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals. However, some third-party systems may keep track of Your browsing activities. If You get to encounter this, You can set Your preferences in Your web browser to inform the system that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

• Children’s Privacy

Our Service DOES NOT address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

LGPD

The Lei Geral de Proteção de Dados (LGPD) is a Brazilian privacy law that came into effect on September 18, 2020. While enforcement powers by the Brazilian DPA are postponed to August 1st, 2021, the LGPD can still be enforced by other governmental authorities, such as public prosecutors and consumer protection agencies, who can apply sanctions based on the Civil Code and the Consumer Protection Code.

In addition to the rights outlined in the Namecheap Privacy Policy, as a user located in Brazil, you may be able to exercise the following rights with respect to the personal information that we have collected, subject to certain limitations:

1. You have the right to access the personal data we hold about you and certain information about how we use it and who we share it with, including information about any public and private entities we have shared your personal data with. Most of this data can be reviewed in your account panel and related products/services that you have purchased.
2. If you want to correct or revise any of the data we retain on you, you may do so by accessing your account and the information contained within it. This includes Whois information collected for domains that you have purchased.
3. The right to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD. Please note that, depending on the request, this may result in a suspension or discontinuation of certain services and is also governed by legal and/or contractual retention guidelines.
4. We provide you with the ability to move any of your account data to a third party, at any time.
5. You have a right to request the permanent deletion of your data, subject to certain exceptions. However, please note that exercising this right may result in a suspension or discontinuation of services and is also governed by legal and/or contractual retention guidelines.
6. You have the right to ask us to provide information about the possibility of not giving consent for the processing of your personal data and the consequences of such refusal.
7. You have the right to revoke consent.

VCDPA

If you are a Virginia resident, you may have additional exclusive rights under the Virginia Consumer Data Protection Act of 2021 (“VCDPA”).  that include the right to:

1. You have the right to request access to and disclosure of the personal information we have collected, used, disclosed, shared and sold about you during the past 12 months;
2. 2. You have the right to correction or deletion of your personal information;
3. 3. You have the right to Opt out of the sale or sharing of your personal information or the processing of personal data for targeted advertising or profiling;
4. You have the right to limit the use and disclosure of sensitive personal information we collect about you for purposes other than to provide goods or services you request or as otherwise permitted by law; and
5. You have the right not to be discriminated against for exercising one of your rights.

To exercise your rights, including opting out of the sale or sharing of your information, or limiting the use and disclosure of sensitive personal information, please contact us via mentioned email. In order to protect your personal data from unauthorized access or deletion, we may require you to provide additional information for verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services. If we can’t verify your identity, we will not provide or delete your data.

Please note that not all of these rights listed above are absolute, and limitations/exceptions apply in some cases. For example, we may not be able to fully comply with your request if we are bound by certain legal restrictions or contractual requirements, but in those circumstances, we will still respond to notify you of such a decision.

8. Links to other sites

This Privacy Policy (and any documents referred to in it) does not apply to other websites that you get to by clicking on a link on our site. We have no control over how your personal information is collected, stored or used by other websites. You should check the privacy policies of other websites before you provide personal information through them.

9. Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

www.powerofpositivity.com does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

10. Complaints

We are committed to working with you to settle any complaint or concern you may have about your personal information. If you have any concerns about how we are using (or have used) your personal information, first contact our Data Compliance Manager by emailing [email protected] or writing to:

 

Power of Positivity LLC

30 Westgate Parkway #333,

Asheville (NC), 28806, United States

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