Dara Simons Creative Terms of Service
By accessing the website at https://www.darasimons.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Dara Simons Creative’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Dara Simons Creative’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dara Simons Creative at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Dara Simons Creative’s website are provided on an ‘as is’ basis. Dara Simons Creative 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, Dara Simons Creative does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Dara Simons Creative or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Dara Simons Creative’s website, even if Dara Simons Creative or a Dara Simons Creative authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Dara Simons Creative’s website could include technical, typographical, or photographic errors. Dara Simons Creative does not warrant that any of the materials on its website are accurate, complete or current. Dara Simons Creative may make changes to the materials contained on its website at any time without notice. However Dara Simons Creative does not make any commitment to update the materials.
Dara Simons Creative has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Dara Simons Creative of the site. Use of any such linked website is at the user’s own risk.
Dara Simons Creative may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Oklahoma and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Your privacy is important to Dara Simons Creative.
Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.
- Who We Are
Dara Simons Creative collects, uses and is responsible for certain personal information about you.
- Children’s Online Privacy Protection Act
This website and any products and services offered herein are not intended for persons under the age of 13. DaraSimons.com does not knowingly collect information from anyone under 13 years of age. DaraSimons.com prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. DaraSimons.com will not knowingly collect personally identifiable information from children under 13. If DaraSimons.com learns it has any information or content from anyone under the age of 13, it will delete that information.
- The Personal Information We Collect and Use
- Information Collected by Us
DaraSimons.com may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for emails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact DaraSimons.com via an online form or e-mail. The information collected may include your name, email, address, website url, phone number, and/or billing information. You are not required to provide any personally identifiable information to merely access or visit this website.
If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.
- Information Collected from Other Sources
We also obtain your name, email, address, website url, phone number, and/or billing information from other sources, such as MailerLite and Dubsado.
- How we use your personal information
DaraSimons.com collects such information in order to send emails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
- Who We Share Your Personal Information With
DaraSimons.com respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.
We do, however, share your name, email and delivery address details) with Square and Paypal (e.g., our third-party suppliers, membership platforms and credit card processors). This data sharing enables them to deliver the courses you ordered directly to you. Those third-party recipients are based outside the European Economic Area — for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.
DaraSimons.com may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.
If you give DaraSimons.com your permission, it may also use personal identification information for internal or external marketing and promotional purposes.
On occasion, DaraSimons.com may collect personal identification information from you in connection with optional contests, special offers or promotions. DaraSimons.com will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.
We will not share your personal information with any other third party.
- Whether Information Has to Be Provided by You and Why
We do not require you to provide any personal information (e.g., name, address, and contact details) in order to view the information on this website. We will inform you when we collect it whether you are required to provide the information to us.
- How Long Your Personal Information Will Be Kept
We will hold personal information (e.g., name, address, and contact details) for for 6 years.
- Reasons We Can Collect and Use Your Personal Information
DaraSimons.com collects and uses your personal information for the following lawful bases: to send emails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
- Use and Transfer of Your Information Out of the EEA
This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States and Canada. If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States and Canada. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to compliance with an approved code of conduct approved by a supervisory authority (as permitted under Article 46(5) – full text here: https://gdpr-info.eu of the General Data Protection Regulation that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. To obtain a copy of the such safeguards, full text here: https://gdpr-info.eu/art-46-gdpr/.
If you would like further information, (see “How to contact us” below. We will not otherwise transfer your personal data outside of the United Kingdom OR EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
- Your Rights
If you want to unsubscribe from receiving emails from DaraSimons.com, you may do so at any time. Each email from DaraSimons.com includes instructions for unsubscribing from these email communications.
If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:
- 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 Privacy Notice 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
You may also have the right to claim compensation for damages caused by our breach of any data protection laws.
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 individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ .
If you would like to exercise any of those rights, please:
- Email, call, or write to us
- Provide us enough information to identify you (e.g., name, and email you registered with)
- Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill)
- Provide us with the information to which your request relates
- Keeping Your Personal Information Secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, 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 authorities of a suspected data security breach where we are legally required to do so.
Please note that any comments or information that you post on the website, including the DaraSimons.com and social media pages, become public and third parties may use your information. DaraSimons.com is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.
- Links to Other Sites
You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. DaraSimons.com is not responsible for or liable for any content on or actions taken by such third-party websites.
- How to Complain
We hope that we can resolve any question or concern you raise about our use of your information.
If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
- Changes to This Privacy Notice
- How to Contact Us
- Do You Need Extra Help?
If you would like this notice in another format (for example: audio, large print) please contact us (see “How to contact us” above).
This policy is effective as of 5/16/2018.