Terms of Use and Privacy Policy – updated: September 18, 2024
At Elevated Resonance (“us”, “we”, “our”, etc.), we know that as a visitor ( “Visitor”, “you”, “your”, etc.) of this website (the “Site”) you care how information is used and shared. Visitor’s access and use of this Site is subject to these terms of use and privacy policy (“Terms of Use”) and your use of the Site means you accept these Terms of Use.
1) DISPUTE RESOLUTION
Please note – Your use of this Site is expressly subject to your agreement that any dispute between you and us arising out of or relating to your use of the Site will only be fully and finally resolved by binding arbitration in accordance with the expedited rules of the American Arbitration Association (AAA). The arbitration shall be held in Boulder, CO, USA.
2) CONTENT OWNERSHIP
Unless otherwise expressly stated, all content on this Site, including text, graphics, logos, and images, is the property of Elevated Resonance or its licensors and is protected by copyright laws. Visitor may not reproduce, distribute, modify, or create derivative works of any content from this Site without our express written permission. This Site and its content are provided "as is" without any warranties, express or implied.
3) REGISTRATION
In visiting the Site, Visitors may be asked to register on this Site in order to fully use certain aspects of the Site’s online services and functions. During registration, Visitor may be asked to provide contact information such as an email address and password. Some features of the Site may require you to create an account. You are responsible for maintaining the confidentiality of your account information and are responsible for all activities that occur under your account.
4) COOKIES
A cookie is a small text file that is stored on a Visitor’s computer for record-keeping purposes. Elevated Resonance uses cookies on the Site. Elevated Resonance uses session cookies to make it easier for the Visitor to navigate the Site. A session ID cookie expires when the Visitor closes the Visitor’s browser. The Visitor’s web browser allows the Visitor to control and limit cookies on the Visitor’s computer. If the Visitor rejects cookies, the Visitor may still use the Site, but the Visitor’s ability to use some areas or functions of the Site may be limited.
5) EMAIL FROM US FOR NEWSLETTERS AND ANNOUNCEMENTS
Elevated Resonance may use the Visitor’s email address to provide the Visitor with email newsletters and announcements. If the Visitor does not wish to receive these kinds of communications, the Visitor can opt out.
6) PRODUCT INFORMATION AND OFFERS
The email address that the Visitor provides on the Site may be used to contact the Visitor about service offers from Elevated Resonance. Elevated Resonance may also use that information to let the Visitor know of additional products and services from other companies that the Visitor might be interested in. If the Visitor does not wish to receive these kinds of communications, the Visitor can opt out. Any coaching services or other services provided through this Site are subject to separate agreements. The Site does not provide any guarantees regarding the outcomes of any services.
7) SIGNIFICANT ANNOUNCEMENTS BY EMAIL
Elevated Resonance may also use the Visitor email address to provide the Visitor with significant announcements about Elevated Resonance including Site functions or services that the Visitor is registered for, about this Site, about any visitor account the Visitor may create, about fulfillment of a specific transaction the Visitor has requested, or about other significant developments that may affect the Visitor’s use of the Site. The Visitor cannot opt out of this kind of email.
8) COMMUNICATION WITH OTHERS
The Site may allow the Visitor to contribute to one or more blogs or communicate by means of online functions. Nothing requires the Visitor to disclose the Visitor’s identity to others. If the Visitor chooses to disclose the Visitor’s identity to third parties using any Site function or service, the Visitor does so at the Visitor’s own risk. Elevated Resonance is not responsible for the privacy or security of any information, personal or otherwise that the Visitor may choose to communicate or exchange using the functionality of the Site. Each item of information or any materials the Visitor contributes for such purposes are the Visitor’s “Public Content.” Public Content must be content and information that the Visitor has a right to disclose and transfer and must not violate any other person’s privacy or intellectual property rights.
9) FEEDBACK TO US
Elevated Resonance may include feedback functionality on the Site that allows the Visitor to submit comments, suggestions, or bugs found. Elevated Resonance may collect the Visitor’s name and email address in order to follow up with the Visitor or thank the Visitor for a suggestion. If a Visitor suggests or provides commentary on any new features, functionality or improvements for Elevated Resonance products or services (“Feedback”), the Visitor may not assert that: (i) the Feedback constitutes Visitor confidential information or Visitor data, (ii) any limitations apply to Elevated Resonance’s right to use the Feedback, or (iii) the Visitor is entitled to compensation or recognition for Elevated Resonance’s use of the Feedback.
10) ANONYMOUS DATA
Elevated Resonance may track the Site to analyze trends, administer the Site, and track Visitor actions and use of the Site, record transactions, and gather demographic information for aggregate use. Such analysis is not linked to personally identifiable information. Elevated Resonance may share aggregated demographic and usage information with its partners and advertisers. This aggregated information is not linked to any personal information that can identify any individual person.
11) LINKS
This Site may contain links to other sites. Elevated Resonance is not responsible for the privacy practices of such other sites. Elevated Resonance encourages Visitors to be aware when they leave the Site and to read the privacy statements of sites that collect personally identifiable information. This privacy policy applies only to information collected on this Site.
12) SECURITY TECHNOLOGY
When a Site’s registration/order form asks visitors to enter financial information (such as credit card number), that information is encrypted and is protected during transmission through the Internet using Secure Socket Layer (SSL) software. The Visitor should see a notification indicating the connection is secure in the browsing bar of web browsers such as Google Chrome. If the Visitor has any questions about the security, the Visitor can send an email to: info@elevatedresonance.com.
13) CORRECTION/UPDATING OF PERSONAL INFORMATION
If the Visitor provides personally identifiable information changes (such as an email address or zip code), Elevated Resonance will endeavor to provide a way to correct, update or remove the Visitor’s personal data. This can usually be done at the My Profile page.
14) PROTECTION OF MINORS
Visitors must be at least 18 years of age to use the Site. Children under the age of 18 are not permitted to register on this Site or use any functionality for which registration is required.
15) BUSINESS OR ASSET TRANSFER OR SALE
Elevated Resonance may be sold, might sell or buy businesses or assets of businesses, or Elevated Resonance might merge with another business. In such transactions, personnel information generally is one of the transferred business assets. Also, in the event that Elevated Resonance, a line of business of Elevated Resonance, or substantially all the assets of Elevated Resonance are transferred, Visitor information may well be one of the transferred assets. Elevated Resonance will make reasonable effort to provide notice on the Site and to notify the Visitor via email to the most recent email address that the Visitor has provided to Elevated Resonance of any such change in ownership or control of the Visitor’s personal information.
16) RELEASE OF INFORMATION FOR LEGAL REASONS
Elevated Resonance may release information concerning the use of Elevated Resonance (including, but not limited to, posted Public Content, registration information, and network records) when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order), to protect against fraudulent, abusive or unlawful use of Elevated Resonance’s information, to protect Elevated Resonance’s rights or property, enforce any contract between the Visitor and Elevated Resonance, or if Elevated Resonance reasonably believes that a situation involving danger of death or injury to any person requires disclosure.
17) LIMITED USE
Elevated Resonance does not intend to sell, share, or rent information obtained on this Site other than as discussed in these terms.
18) CALIFORNIA PRIVACY RIGHTS
Residents of the State of California, under the California Civil Code and the California Consumer Privacy Act (“CCPA”), have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes and a disclosure of the shared information. Alternatively, the law provides that if the company has a privacy policy that provides the Visitor with an “opt-out” choice for use of the Visitor’s personal information by third parties for marketing purposes, the company may instead provide the Visitor with information on how to exercise the Visitor’s disclosure choice options. This Site qualifies for the alternative option. Its privacy policy provides the Visitor with information on how the Visitor may opt out from the use of the Visitor’s personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received the Visitor’s personal information during the preceding year for marketing purposes. If the Visitor is a California resident and requests information about how to exercise the Visitor third party disclosure choices, send a request to the following email address: info@elevatedresonance.com.
19) DATA PROTECTION OFFICER
Elevated Resonance is headquartered in Colorado, in the United States. Elevated Resonance has appointed an internal data protection officer for you to contact if you have any questions or concerns about Elevated Resonance’s personal data policies or practices. Elevated Resonance’s data protection officer may be contacted at info@elevatedresonance.com.
20) HOW WE COLLECT AND USE (PROCESS) YOUR PERSONAL INFORMATION
Elevated Resonance collects personal information about its consultants and customers. With a few exceptions, this information is limited to the kinds of information that can be found on a business card: first name, last name, job title, employer name, work address, work email, and work phone number. We use this information to provide consultants and customers with goods and services, including privacy and data protection content, training, and the like. The additional personal information consultants may provide includes: Contact information (address, phone number, e-mail address); Visitor ID and password if you register through Elevated Resonance’s website(s); Contents of any other identification provided to Elevated Resonance; Education and employment history; Work-related skills and experiences; Professional credentials or licenses; Membership in professional organizations; Any other information contained on an individual’s resume; Information from and related to publicly published profiles you’ve created on job-related social media platforms and job boards (such as LinkedIn, Monster, or Indeed); Information provided by references; and Information regarding your career interests, preferences, and qualifications. We do not sell personal information to anyone.
21) USE OF THE WEBSITE
As is true of most other websites, Elevated Resonance’s website collects certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of Elevated Resonance’s website, including a history of the pages you view. We use this information to help us design our site to better suit our visitors’ needs. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. Elevated Resonance’s website also uses cookies and web beacons. It does not track visitors when they cross to third party websites, does not provide targeted advertising to them, and therefore does not respond to Do Not Track (DNT) signals.
22) WHEN AND HOW WE SHARE INFORMATION WITH OTHERS
The personal information Elevated Resonance collects from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval.
23) TRANSFERRING PERSONAL DATA FROM THE EU TO THE US
Elevated Resonance has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Elevated Resonance relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, Elevated Resonance collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of Elevated Resonance in a manner that does not outweigh your rights and freedoms. Elevated Resonance endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with Elevated Resonance and the practices described in these terms. Elevated Resonance also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.
24) DATA SUBJECT RIGHTS
This Terms of Use is intended to provide you with information about what personal data Elevated Resonance collects about you and how it is used. If you have any questions, please contact us at info@elevatedresonance.com.
25) SECURITY OF YOUR INFORMATION
To help protect the privacy of data and personally identifiable information you transmit through use of this Site, we maintain physical, technical and administrative safeguards. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
26) DATA STORAGE AND RETENTION
Your personal data is stored by Elevated Resonance on its servers, and on the servers of the cloud-based database management services Elevated Resonance engages, located in the United States. Elevated Resonance retains data for the duration of the customer’s or consultant’s business relationship with Elevated Resonance. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact info@elevatedresonance.com.
27) CHANGES AND UPDATES TO THE TERMS OF USE
As our organization changes from time to time, this Terms of Use is expected to change as well. We reserve the right to amend the Terms of Use at any time, for any reason, without notice to you, other than the posting of the amended Terms of Use on this Site. We may email periodic reminders of our notices and terms and conditions and may email of material changes thereto, but you should check our Site frequently to see the current Terms of Use that is in effect and any changes that may have been made to it.