HypnoVitality® (hypnovitality.com) takes your privacy seriously.
HypnoVitality® (hypnovitality.com) may collect certain personal information from you when you register to use the Website or its services and features, such as an e-mail newsletter, free downloads, educational series or other free educational resources such as workshops and webinars, including, but not limited to, your name, e-mail address, and location. We may also collect additional personal information, including your physical address, in order to deliver products. We may also collect certain non-personally identifiable information from users of our site, such as their Internet protocol address, the type of browser and operating system they use, the domain name of your Internet service provider, and the web pages, content, and advertisements you may have visited, viewed or clicked on. We collect this information in several ways, including the following:
- Cookies: Cookies are text files placed in your computer’s browser to store your preferences. Cookies do not contain personal information, but if you choose to furnish us with personal information, this information may be linked to the data stored in the cookie. We may use “cookies” to maintain a record of your visits and to improve the content and services on our site.
- Web Server Logs: Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at this site, and the websites visited just before and just after our site. We, our advertisers and ad serving companies may also use small technology or pieces of code to determine which content and/or promotions users have seen and how users responded to them.
- IP Addresses: Our system may also collect your IP address, which is a numerical address that is used to identify a computer connected to the Internet. We may use your IP address to help diagnose problems with our server, to administer our site, to deliver web pages to you upon request, to tailor our site to the interests of our users, and to measure traffic within our site to better serve our users.
- Public Posting: If you post in the comments of a v-log post on the Website (or anywhere on social media), you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. HypnoVitality® (hypnovitality.com) is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, (such as comments) HypnoVitality® (hypnovitality.com) will collect that information from your interaction and the information will be publicly available.
INFORMATION FROM MINORS
HypnoVitality® (hypnovitality.com) does not knowingly collect information from children under the age of 13. Nor do we collect information from any individual under the age of 18 without the consent of a parent or guardian. If you believe that your child has registered on our site or that we have collected information from your child, please contact us immediately so that we can remove that information from our database.
HOW INFORMATION IS USED
HypnoVitality® does not ever sell or rent your contact information to any third parties. Except as otherwise disclosed to you, we will not sell, rent or disclose your personal information to third parties without notifying you of our intent to share the personal information in advance and giving you an opportunity to prevent your personal information from being shared.
We may use your personal information within HypnoVitality® (hypnovitality.com) and associated websites to:
- conduct and process transactions with you;
- improve the Website and the content and services offered on the Site;
- enforce legal terms that govern your use of the laws applicable to the Site;
- protect the Website, services, systems, information, employees, business partners, service providers, users, customers or others; and
- for any other purposes for which the information is collected and maintained.
We may use your non-personally identifiable information to analyze the usage of our site, improve the design and content of our site, deliver relevant marketing messages, personalize your Internet experience, and offer you products and services. In some cases, we may use your IP address to identify you in order to enforce any legal terms that govern our site or to protect our site, services, systems, information, employees, business partners, service providers, users, customers or others from injury or harm.
HOW INFORMATION IS SHARED
We will share your personal information with third parties only in the ways that are described in this privacy statement. We will NEVER sell your personal information to third parties.
At times we may disclose your personal information as required by law such as to comply with a subpoena or similar legal process. We may also be required to disclose information about you if we determine that for security, law enforcement, or other issues of public importance, a disclosure is necessary.
We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property. We may also share information if it becomes necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.
HOW INFORMATION IS PROTECTED
HypnoVitality® takes reasonable security measures to protect the security and confidentiality of your personal information that we collect and maintain against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. However, we cannot guarantee the security of your personal information or that any communication or transmission of such information over the Internet will be entirely secure.
HypnoVitality®’s websites use secure encryption, provided by a third party, on web pages where credit card information is required. To make purchases from any of HypnoVitality®’s websites you must use an SSL-enabled browser such as Safari, Firefox or Chrome. Doing so helps protect the confidentiality of your personal and credit card information while it’s transmitted over the internet.
You can help us by also taking precautions to protect your personal data when you are on the internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser. Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us via email.
THIRD-PARTY WEBSITES AND LINKS
HypnoVitality® may link to websites, products, and services operated by third parties. HypnoVitality® is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Site, or any changes or updates to such sites.
These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that HypnoVitality® and associated companies are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Your use of this website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. Except to the extent that applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in California.
Except where excluded by law, any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in the state of California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HypnoVitality® may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
WHAT WE DO WITH INFORMATION WE COLLECT
We may contact you with information that you provide to us based on these lawful grounds for processing:
- Consent: We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
- Contract: We will contact you under our contractual obligation to deliver goods or services you purchase from us.
- Legitimate Interest: We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out or change your preferences for any of our emails.
- Process Payments: We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third-party payment processors that take the utmost care in securing data and comply with the GDPR.
TARGETED SOCIAL MEDIA ADVERTISEMENTS
We may use the data you provide to us to run social media advertisements and/or create look-alike audiences for advertisements.
SHARE WITH THIRD PARTIES
We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.
VIEWING BY OTHERS
Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).
SUBMISSION, STORAGE, SHARING AND TRANSFERRING OF PERSONAL DATA
Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).
We retain your Personal Data for the minimum amount of time necessary to provide you with the information and/or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.
To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.
You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
HOW YOU CAN ACCESS, UPDATE OR DELETE YOUR PERSONAL DATA
You have the right to:
- Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
- Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
- Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
- Withdraw your consent at any time to the processing of your Personal Data.
- Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully.
- Receive Personal Data portability and transference to another controller without our hindrance.
- Object to our use of your Personal Data.
- Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.
These terms and conditions are applicable to you upon your accessing this website. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and Conditions.
You may have the right to “opt-in” and “opt-out” of certain uses of your personal information. For example, at the time you are requested to provide personal information on any of our websites, you may have the opportunity to elect to, or not to receive correspondence from us. You may opt out of any email communications with HypnoVitality® by clicking the opt-out link in our messages, or by sending us a message stating that you would like to be removed from a specific email list, or all communications entirely. You cannot unsubscribe or opt-out from messages relating to your account transactions. You may be contacted by an HypnoVitality® representative in connection with your relationship to us after purchasing an eBook, online-course or program in order to deliver this product or ensure customer service.
PROTECTING THE PRIVACY OF PATIENTS’ HEALTH INFORMATION
Overview: The first-ever federal privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals and other health care providers took effect on April 14, 2003. Developed by the Department of Health and Human Services (HHS), these new standards provide patients with access to their medical records and more control over how their personal health information is used and disclosed. They represent a uniform, federal floor of privacy protections for consumers across the country. State laws providing additional protections to consumers are not affected by this new rule.
Congress called on HHS to issue patient privacy protections as part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA included provisions designed to encourage electronic transactions and also required new safeguards to protect the security and confidentiality of health information. The final regulation covers health plans, health care clearinghouses, and those health care providers who conduct certain financial and administrative transactions (e.g., enrollment, billing and eligibility verification) electronically. Most health insurers, pharmacies, doctors and other health care providers were required to comply with these federal standards beginning April 14, 2003. As provided by Congress, certain small health plans have an additional year to comply. HHS has conducted extensive outreach and provided guidance and technical assistant to these providers and businesses to make it as easy as possible for them to implement the new privacy protections. These efforts include answers to hundreds of common questions about the rule, as well as explanations and descriptions about key elements of the rule. These materials are available at http://www_J]hs.gov/ocr/hipaa.
The new privacy regulations ensure a national floor of privacy protections for patients by limiting the ways that health plans, pharmacies, hospitals and other covered entities can use patients’ personal medical information. The regulations protect medical records and other individually identifiable health information, whether it is on paper, in computers or communicated orally. Key provisions of these new standards include:
Access to Medical Records. Patients generally should be able to see and obtain copies of their medical records and request corrections if they identify errors and mistakes. Health plans, doctors, hospitals, clinics, nursing homes and other covered entities generally should provide access these records within 30 days and may charge patients for the cost of copying and sending the records.
Notice of Privacy Practices. Covered health plans, doctors and other health care providers must provide a notice to their patients how they may use personal medical information and their rights under the new privacy regulation. Doctors, hospitals and other direct-care providers generally will provide the notice on the patient’s first visit following the April 14, 2003, compliance date and upon request. Patients generally will be asked to sign, initial or otherwise acknowledge that they received this notice. Health plans generally must mail the notice to their enrollees by April 14 and again if the notice changes significantly. Patients also may ask covered entities to restrict the use or disclosure of their information beyond the practices included in the notice, but the covered entities would not have to agree to the changes.
Limits on Use of Personal Medical Information. The privacy rule sets limits on how health plans and covered providers may use individually identifiable health information. To promote the best quality care for patients, the rule does not restrict the ability of doctors, nurses and other providers to share information needed to treat their patients. In other situations, though, personal health information generally may not be used for purposes not related to health care, and covered entities may use or share only the minimum amount of protected information needed for a particular purpose. In addition, patients would have to sign a specific authorization before a covered entity could release their medical information to a life insurer, a bank, a marketing firm or another outside business for purposes not related to their health care.
Prohibition on Marketing. The final privacy rule sets new restrictions and limits on the use of patient information for marketing purposes. Pharmacies, health plans and other covered entities must first obtain an individual’s specific authorization before disclosing their patient information for marketing. At the same time, the rule permits doctors and other covered entities to communicate freely with patients about treatment options and other health-related information, including disease-management programs.
Stronger State Laws. The new federal privacy standards do not affect state laws that provide additional privacy protections for patients. The confidentiality protections are cumulative; the privacy rule will set a national “floor” of privacy standards that protect all Americans, and any state law providing additional protections would continue to apply. When a state law requires a certain disclosure –such as reporting an infectious disease outbreak to the public health authorities –the federal privacy regulations would not preempt the state law.
Confidential communications. Under the privacy rule, patients can request that their doctors, health plans and other covered entities take reasonable steps to ensure that their communications with the patient are confidential. For example, a patient could ask a doctor to call his or her office rather than home, and the doctor’s office should comply with that request if it can be reasonably accommodated.
Complaints. Consumers may file a formal complaint regarding the privacy practices of a covered health plan or provider. Such complaints can be made directly to the covered provider, health plan or to HHS’ Office for Civil Rights (OCR), which is charged with investigating complaints and enforcing the privacy regulation. Information about filing complaints should be included in each covered entity’s notice of privacy practices. Consumers can find out more information at http://www.hhs.gov/ocr/hipaa or by calling (866) 627-7748.
HEALTH PLANS AND PROVIDERS
The privacy rule requires health plans, pharmacies, doctors and other covered entities to establish policies and procedures to protect the confidentiality of protected health information about their patients. These requirements are flexible and scalable to allow different covered entities to implement them as appropriate for their businesses or practices. Covered entities must provide all the protections for patients cited above, such as providing a notice of their privacy practices and limiting the use and disclosure of information as required under the rule. In addition, covered entities must take some additional steps to protect patient privacy:
Written Privacy Procedures. The rule requires covered entities to have written privacy procedures, including a description of staff that has access to protected information, how it will be used and when it may be disclosed. Covered entities generally must take steps to ensure that any business associates who have access to protected information agree to the same limitations on the use and disclosure of that information.
Employee Training and Privacy Officer. Covered entities must train their employees in their privacy procedures and must designate an individual to be responsible for ensuring the procedures are followed. If covered entities learn an employee failed to follow these procedures, they must take appropriate disciplinary ·action.
Public Responsibilities. In limited circumstances, the final rule permits –but does not require -covered entities to continue certain existing disclosures of health information for specific public responsibilities. These permitted disclosures include: emergency circumstances; identification of the body of a deceased person, or the cause of death; public health needs; research that involves limited data or has been independently approved by an Institutional Review Board or privacy board; oversight of the health care system; judicial and administrative proceedings; limited law enforcement activities; and activities related to national defense and security. The privacy rule generally establishes new safeguards and limits on these disclosures. Where no other law requires disclosures in these situations, covered entities may continue to use their professional judgment to decide whether to make such disclosures based on their own policies and ethical principles.
Last Updated: June 2020