Terms, conditions & PRIVACY POLICY

 

Last Modified: 05/24/2018

 

BY VISITING www.thisishermovement.com, YOU ARE CONSENTING TO OUR PRIVACY POLICY.

 

Your Privacy is Very Important to us. At The KSM Group, LLC ("Company"), we have a few fundamental principles:

 

We are committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private.

 

We are thoughtful about the personal information we ask you to provide and the personal information we collect about you through the operation of our services.

 

Our privacy policy has been designed and created to ensure those affiliated with The KSM Group, LLC are aware of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.

 

This policy describes the types of information we may collect from you or that you may provide when you visit our Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

 

We invite you to read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with the terms and conditions of this website and its privacy policy, please do not use this website.

 

Please note that this policy may change from time to time. Your continued use of this Website after we make changes will be interpreted as acceptance of those changes, so please check the policy periodically for updates.

 

Who We Are and What This Policy Covers

 

Hello! We are a brand consulting firm that offers digital products, books and courses on building your personal and professional brand.

 

This Privacy Policy applies to information that we collect about you when you use:

 

Our website(s);

Our website on your mobile phone

Our other products and services that are available on or through our website (including [insert affiliate websites you may own]; and

Other users’ websites that use our Services, while you are logged into your account with us or using this website.

 

Information You Provide to Us

 

It’s probably no surprise that we collect information that you provide to us (hey, this is the Internet, right?) However, the type and amount of information depends on a variety of factors. Here are some examples of what we collect:

 

Account, Transaction and Billing Information: When voluntarily provided, we collect: your name, postal address, e-mail address, telephone number, billing and/or credit card information, and any other information Website collects that is defined as personal or personally identifiable information under an applicable law (“personal information”), which may be used when you purchase products and/or services. Your personal information may also be used to deliver the services you have requested.)

Information from your browser or device. The Site collects information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings. The information we receive from your web browser and device typically is not, in and of itself, personally identifiable. However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you.

Surveys and Contests: In addition, this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and e-mails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

First name, last name, mailing address (to send products to our customers), and phone number (optional)

 

Why do we collect this information?

 

The information we collect automatically is statistical data and may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a more personalized service, by enabling us to:

 

Estimate our audience size and usage patterns.

Store information about your preferences, allowing us to customize our Website according to your individual interests.

Speed up your searches.

Recognize you when you return to our Website.

 

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. The Site does not respond to Do Not Track signals sent by your browser.

 

Web Beacons. Pages of our Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or [opened an e-mail] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

How do we use this information?

The KSM Group, LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personal information as a means to keep you informed of other possible products and/or services that may be available to you from www.thisishermovement.com

The KSM Group, LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

The KSM Group, LLC does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.

 

The KSM Group, LLC may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.

 

Your Comments and Other User Contributions

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Intellectual Property Rights

 

The information contained in this site, including, but not limited to, Digital Paper Designs, Templates, Blog Posts, Illustrations, Info-graphics, Photographs, Videos, Logos, Opinion-Based Content, Guides, Tutorials, text and any other forms of artistic expression (collectively known as "intellectual property") are the sole property of The KSM Group, LLC . No unauthorized use is allowed of The KSM Group, LLC 's intellectual property. The KSM Group, LLC 's intellectual property is subject, but not limited to, The Lanham Act (also known as the Trademark Act of 1946), The Copyright Act of 1976, and intellectual property common law.

 

The KSM Group, LLC intellectual property cannot be used without the express written consent from The KSM Group, LLC .

 

Please contact [email protected] if you would like to license or feature COMPANY’S intellectual property.

 

 

Children Under the Age of 13

Our website is not intended for children under 13 years of age. Our Company does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website. If you believe we might have any information from or about children under thirteen (13), please contact us at [email protected]

 

Unsubscribe or Opt-Out

All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of e-mail or newsletters. To discontinue or unsubscribe to our website please send an e-mail that you wish to unsubscribe to [email protected]. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe and/or opt-out.

 

Third Party Links

Our website does contain links to affiliate and other websites. The KSM Group, LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies only and solely to the information collected by our website.

 

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected]

 

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards or blog comment areas. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

Testimonials

The Site may display personal testimonials of yours from time to time received via email or as otherwise received from you by the Site.   If you would like the Site to remove your testimonial or customer review at any time, please simply contact us at the information included within this Policy., and we will promptly do so.

 

Governing Law

This Policy shall be governed under the laws of the state of Pennsylvania, United States without regard to its conflicts of law provisions.

 

Visitors’ GDPR Rights

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to the The KSM Group, LLC’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.

 

What Personal Data Do We Collect From You?

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

 

Information we collect directly from you:
We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

  • First and last name
  • Email address
  • Date of birth
  • Gender
  • Biographical information
  • Location information (limited to city, state, zip code, country, and time zone)
  • Employment history
  • Links to your social media accounts
  • Any other information you choose to share publicly on the Services, for example, anything you post to a public part of your
  • Profile or an online classroom on the Services

 

Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:

  • Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Facebook Connect), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
  • Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
  • Information from third party service providers: Some of our third party service providers (such as Lever) collect Personal Data about our employees and job candidates and share that information with us.

Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:

  • IP address
  • Your activity on the Services. This includes class usage information such as class enrollment and which classes you’ve watched. It also includes community interaction data, such as which members you’re following, your comments, your projects, or project likes.
  • Device identifiers
  • Web browser information
  • Page view statistics
  • Browsing history
  • Transaction information (e.g. transaction amount, date and time such transaction occurred)
  • Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.). For more information, please review the “Information About Cookies” section above.
  • Location information (e.g. IP address)
  • Log data (e.g. access times, hardware and software information)

How Do We Use Your Personal Data? We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:

  • Create and manage user accounts and profiles
  • Personalize content on the Services. This includes showing users their saved classes and class watch history, and providing class
  • recommendations.
  • Communicate with you about the Services
  • Contact you with announcements, updates or offers regarding the Services
  • Process orders
  • Provide support and assistance for the Services
  • Analyze and improve the Services
  • Meet contract or legal obligations
  • Respond and fulfill user inquiries and requests
  • Resolve disputes
  • Protect against or deter fraudulent, illegal or harmful actions
  • Enforce our Terms of Service
  • Complete corporate transactions (for more information, see our “Business Transfers” section above)

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

 

Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

  • First and last name
  • Email address
  • Password
  • Access to content (such as classes, membership, or courses)

Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

  • First and last name
  • Email address
  • Location information
  • IP address
  • Your activity on the Services, including class usage information and community interaction data

Examples of these legitimate interests include:

  • Operation and improvement of our business, products and services
  • Personalization of web content on the Service
  • Analyzing the use of the Services
  • Marketing of our products and services
  • Provision of customer support
  • Protection from fraud or security threats
  • Compliance with legal obligations
  • Completion of corporate transactions

Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data? We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

  • Payment processors
  • Fraud prevention service providers
  • Ad networks and marketing tools
  • Analytics service providers
  • Engineering and development tools
  • Staff augmentation and contract personnel
  • Hosting service providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

  • Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services), such as when users and Teachers interact through the Services
  • Social media services (if you interact with them through your use of the Services)
  • Third party business partners who you access through the Services

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
  • Maintain the security of our products and services
    We also share information with third parties when you give us consent to do so. Furthermore, you acknowledge that we may transfer your Personal Data, and that any acquirer of us or our assets may continue to use your Personal Data, as set forth in the “Business Transfers” section above.

How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.

www.thisishermovement.com is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. These Principles are (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). www.thisishermovement.com’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the Privacy Shield Program, please visit https://www.privacyshield.gov/.

 

Please contact us at [email protected]. with any questions or concerns relating to the Privacy Shield. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

 

What If You Have Questions Regarding Your Personal Data? If you have any questions about this EU Privacy Notice or our data practices generally, please contact us at [email protected].

 

How to Contact Us

If you have any questions or concerns regarding this Privacy Policy, contact us at: [email protected]