Health Disclaimers and Personal Responsibility

Yoga is physical exercise. With or without the use of props (such as blocks, straps, or any other equipment that may be suggested by a Whispering Heart Yoga teacher), is a physical activity. You are advised to seek the advice of a physician before beginning any physical exercise regimen, routine, and program or using any suggested props, shown in any of the video clips on the website. Whispering Heart Yoga is not a medical organization, and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves, and instruction are merely a suggestion, the choice to perform the poses, act on instructions or use equipment is a choice made by yourself, as are any negative consequences (including injury; physical, mental or emotional) of any of the above. Nothing contained in this website is considered any form of medical advice or diagnosis.

By using WhisperingHeartYoga.com you acknowledge that you understand that physical exercise involves (sometimes) strenuous physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and workshops via Whispering Heart Yoga, you will not exceed your limits while performing such activity, and you will practice at the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that from time to time instructors may suggest physical adjustments or the use of props and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Whispering Heart Yoga, or any person or entity involved with Whispering Heart Yoga.

Proprietary Rights

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Whispering Heart Yoga. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. No Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Whispering Heart Yoga’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

Affiliates Disclaimer

Some of the links on this website are “affiliate links.” That means if you click on a link and purchase the item, Whispering Heart Yoga may receive an affiliate commission. Please note, Whispering Heart Yoga only recommends products or services that will add value to you. Whispering Heart Yoga discloses this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising. If an affiliate link is listed, Whispering Heart Yoga will disclose it to you at the top of each blog post, page, or email newsletter, if applicable.

International Use

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Omissions, errors, or Mistakes Disclaimer

All information on this website is accurate and true to the best of Whispering Heart Yoga’s knowledge, but that there may be omissions, errors, or mistakes. Whispering Heart Yoga is not liable for any damages due to any errors or omissions on the website, delay or denial of any products, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures or misuse of information or products.

General

Whispering Heart Yoga reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of this website following any amendment of this agreement will signify your assent to and acceptance of its revised terms. 

You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into this agreement, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement.

Refund Policy

Because Whispering Heart Yoga is currently a single-person operation, there is a non-refundable policy. If you feel a refund is of serious need, I would be willing to make that happen in exchange for the reason behind the much-needed refund.

PRIVACY POLICY
Last Updated on February 16, 2022

The following Privacy Policy (“Policy”) governs how we at Whispering Heart Yoga, a sole proprietorship operating under the laws of the State of California and federal laws of United States, where applicable (“We”, “Our” or “Us”), collect, use, share and protect the personal information You provide to Us when You access our website and/or mobile application (collectively, “Site”), purchase, access and/or download any free or purchased products, courses or services (“Services”), or engage with Us on social media. This Privacy Policy also sets out Your rights with respect to Your personal information that We collect. In this Privacy Policy “You” or “Your” refers to any individual who accesses our Sites, accesses our Services or engages with Us on social media.

IMPORTANT.

PLEASE READ THIS PRIVACY POLICY CAREFULLY! This Policy is legally binding. We reserve the right to update and change this Policy and will make Our best effort to update the date “Last Updated” above each time We make changes. You can review Our most recent changes by visiting this page. By continuing to use Our Site, You waive specific notice of, and accept all changes to Our Policy made from time to time. We encourage You to return to this page each time You access Our Site or engage with Us on social media, to ensure You have read Our most recent Policy.

INFORMATION WE COLLECT
We collect certain types of information from You when You visit Our Site, access Our Services, subscribe to our newsletter, fill out a form, download resources, make purchases, take a survey or interact with us on social media. By accepting this Privacy Policy, You are specifically consenting to (i) Our collection of information as described below; (ii) Our use of the information collected (iii) the processing of this information; and (iv) Our sharing of data with third-party processors as needed to run Our business.

Here are some examples, however not a complete list of information We may collect from You: Personal Information Personally Identifying information such as Your name, billing and/or shipping address, telephone numbers, email addresses, and other demographic information, such as but not limited to, Your age and gender. Financial Information Financial information (such as credit card or bank account numbers) in connection with any transaction You make on Our Site. We store limited financial data, as most financial data is transferred to third-party payment processors We use.

We strongly encourage you to review the privacy policies of third-party payment provider, such as but not limited to, Stripe, Venmo and PayPal. You can also email us at amelia@whisperingheartyoga.com and request a list of all third-parties with whom we share Your information. User Account Information In order to purchase or access certain content or courses, We may require You to create a user account and provide Your email address and create a unique password. We collect data from our User Accounts regarding products and courses purchased and/or downloaded in order to personalize Your experience, track Your Use and for other legitimate business interests.

For Your security, we do not have access or knowledge of Your password and it is your sole responsibility to keep the password confidential and not share your account details with any other people. Computer, Browser and Mobile Information Computer and connection information such as statistics on Your page views, traffic to and from the Site, Your unique resource locator (“URL”), advertisement data, Your internet protocol (“IP”) address, Your browsing history, and Your Site log information.

If You access our Site via Your mobile phone, We may collect information about Your device such as but not limited to, the model, manufacturer, device identification and Your location information. Social Media Information Information from any social media networking platforms and applications including, but not limited to, Instagram, Facebook, LinkedIn, YouTube, Twitter, and Snapchat, which may include Your Name, username on any of these platforms, location, email, age, gender, profile picture and any other public information You have included on any of Your social media profiles. If You want to limit this data, You should review the policies and security settings of each social media service respectively.

Other Information From time to time, You may voluntarily give Us other information in order to complete a form, enter a contest or giveaway or to participate in a survey. Sensitive Information We will not request sensitive information from You at any time. Please do not submit any sensitive data to Us, via public postings, email correspondence with Us, or any other method, including Your social security number, health data, genetic data, or information related to Your ethnic origin, religious beliefs, or criminal history. If You do send Us this information, then by doing so You are consenting to Our use, storage, and processing of this information in accordance with this Policy.

HOW WE COLLECT YOUR INFORMATION

INFORMATION YOU VOLUNTARILY PROVIDE
We collect information You voluntarily and manually provide when You use Our Site, such as when You purchase or access Services or certain content on our Site, sign up for Our newsletter, submit a form, send Us questions, or interact with Us through this Site. Some of the information you manually provide may be personal information, such as your name or email address. Information from Your Website Browser or Mobile Device We collect information that is sent to Us automatically from Your website browser or mobile device, such as Your IP address, the name of Your operating system, the name and version of Your browser, date and time of Your visit, page(s) You visit and length of time You spent on each page. The information we receive may depend on Your browser or device settings. Information received from Your website browser and mobile 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. Tracking Technologies We collect information when You visit our Site and through our email communications, by using cookies, pixels, website beacons, tags, and other tracking technologies to collect information about Your engagement, as well as Your browsing and purchasing behaviour. These tracking technologies include: Clickstream Data: Through Site access logs We collect URL, clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying Site usage data, such as the number of hits and visits to the Site. This information is used for internal purposes for research and development, user analysis and business decision making, all of which provides better services to Our users. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third-parties for data processing and analyzing. Cookies: Cookies collect data sent to Us by Your computer about (i) the way You interact with our Site, such as when You use certain features or download attachments; (ii) collect data to assess and improve our marketing and advertising; (iii) allow partners and third-parties to use these tracking technologies to track Your use of our Site, including on multiple devices; (iv) collect statistical data such as how long You stay on a certain webpage on Our Site and the location from where You access Our Site.

All of this information helps us to improve the Services, provide content based on the interests of our users and improve the functionality of Our Site. Most browsers are set to accept cookies by default.

THIRD PARTY SOFTWARE
We may use third-party software to post advertisements on Our Site to oversee marketing or email campaigns, or manage other company initiatives. These third-party softwares may use cookies or similar tracking technology. We have no control over these third-parties or their use of cookies.
Website Analytics
We may partner with third party analytic companies, including but not limited to, Google Analytics, Google Tag Manager, Hyros, Hotjar and Siteground. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of Our Site to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third party vendors. However, in order to access Our Site, You are consenting to the collection and use of Your information by these third party analytic companies. We recommend You review their respective privacy policies and contact them directly with any questions or requests to delete Your information.

USE AND DISCLOSURE OF YOUR INFORMATION
Use of Information Generally, the purpose of collecting Your information through this Site is to: Provide the information, content and services you request; Better understand your needs and interests; Enter into a contract with you or carry out Our contractual obligations to You; Improve our products and Services; Deliver any Services You request and/or purchase from Our Site; Process payments or refunds, where applicable; Improve Our marketing, advertising and promotional efforts; Contact You with special offers, newsletters, information and content We believe will be of interest to You; Correspond and request feedback from You; Interact with You through our Site and social media; Keep You updated as to new content, products, Services, or other changes on Our Site; Administer surveys, contests or giveaways; Deliver a tailored and personalized experience for You when You visit Our Site; Prevent fraudulent activities and security breaches; Improve the content, functionality and use-ability of this Site; Collect statistical data and analyze trends for Our use, and for use by third-parties; Resolve disputes and assist law enforcement when necessary; Troubleshoot issues on Our Site; and Comply in good faith with the law or court-order. Retention of Information We generally retain Your information only as long as is reasonably necessary to provide You with the Services, comply with Our legal obligations or until You request that we delete Your information.

Any information We no longer need will be permanently deleted. Processing Your Information Generally, We do not process or hold Your Information but instead we Use third-party processors to process Your data. In order to carry out Our business, it is necessary for us to transmit certain information to third-parties. For instance, when You purchase a Service from our Website, Your payment information is collected by third parties such as PayPal and Stripe. In some instances, however, we may process Your information internally.

When You agree to be bound by our Policy, You consent to Our processing of Your information for such purposes to carry out Our business interests. Disclosure of Your Information We may share Your Information with third-parties from time to time in certain situations and in order to carry out the following business operations: Administering Our Site and various tasks such as payment processing, hosting services, email delivery, communications and customer service; Delivery of Our Services; Administering Your account; Entering into agreements with You; Communicating with You; Analyzing data and trends, including partnering with third-party analytic companies such as but not limited to, Wordpress , Google Analytics, Facebook, and Instagram; Protecting the security of Our Company and Site; Promoting and marketing the Site and Services; To protect our Company, including to investigate and remedy any breach of any of Our rights or policies, or as needed to obtain and maintain insurance coverage, manage risks, obtain financial or legal advice; In the event of sale or transfer of Our Company; Comply with any requirements to disclose by law, such as to initiate or respond to any legal action or to protect the rights, property and safety of others. This includes sharing information with other parties to prevent security breaches, fraud or credit risks; and Any other reason necessary to comply with any legal obligation, to protect Your interests, the interests of others or Our Company. The following is a list of Third-Party Applications we currently use on our Site and in delivering our Services: Squarespace Acuity Typeform GoogleSuite Facebook Instagram Paypal Pinterest A Color Story Over Stripe Thrivecart Youtube WebinarJam Zoom We confirm the above list may not be exhaustive, and we reserve the right to add, change, or stop using any Third-Party Applications at any time, without notice.

It is Your responsibility to review all third-party applications terms and policies, and to review website policies that you may be redirected to when using Our Site.

YOUR RIGHTS We respect your rights to your personal information and data. You have the right to access, correct, request restriction or deletion of Your information, or request how We use your personal information and data collected, as required by applicable law. Upon receipt of any request relating to your privacy, We reserve the right to request that You first provide Us with evidence of Your identity before We take any action. After verification of identity, You have the right to: Know what personal information and data We maintain of yours; Update or change any information You have provided to Us; Confirm what information We have collected, and for what purposes; Confirm whether We deliver your data to third-party processors, and for what purpose we deliver Your data; Request a copy of Your personal information in a structured, commonly used and machine-readable format; Request We delete or restrict the processing of Your information. Note that in the event You request us to delete Your information, this may result in a termination of any user account You may have with Us, and You may have limited or no use of Our Site. Please also note that there are exceptions to this right, such as when We must keep Your data if required by law or for Our compliance with a legal obligation. If You wish to have any third-parties, including those to whom We’ve transmitted Your information, delete Your information, You will need to contact those third-parties directly to do so. Upon request, We will provide a list of all third parties to whom We have transmitted Your information. Complaints If You are an EU resident, You have the right to complain to a supervising authority if You believe We are misusing Your information or have violated any of Your rights under this Privacy Policy or applicable law. You may do so in the EU member state in which You reside or have Your place of business or in which the alleged infringement took place. If You are located outside the EU, You may have rights under privacy laws in the jurisdiction where you live. Data Protection Plan We take steps to protect Your data, however We provide no guarantee that Your data is secure. We take all reasonable precautions to protect Your information. When You submit information through our Site, Your information is protected both online and offline. Wherever We collect information, that information is encrypted and transmitted to Us by secure servers. We have included common indications of such secured features when appropriate such as but not limited to a closed lock icon in Your website browser. While we use encryption to protect sensitive information transmitted online, we also protect Your information offline. Only personnel of Whispering Heart Yoga who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which We store personally identifiable information are kept in a secure environment.

OPTING OUT OF COMMUNICATION
At any time, You may opt out of communication from Us, such as email newsletters, simply by clicking on the “unsubscribe” link in any email You receive from Us. We reserve the right to maintain a database of past email subscribers and to use this information as reasonably necessary in Our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting Our business, such as through Facebook ads or other marketing campaigns. We do not ever sell Your information to third parties.

CHILDREN’S PRIVACY
You must be at least 16 years old to use Our Site, or the age of majority in the state and/or country that you reside. We do not knowingly collect, use or disclose personal information about visitors under 16 years of age. If You are under 16 years of age or the age of majority in the state and/or country where you reside, please do not use Our Site. If you become aware that We have collected information from anyone under the age of 16 or the age of majority in their state and/or country where they reside please contact us at amelia@whisperingheartyoga.com so we may erase that information. Security of Your Information

We take all reasonable steps to protect all information We collect and to keep it secure. We use recognized online secure payment systems, reputable third-party processors and implement generally accepted standards of security to protect against personal data loss or misuse.

However, no security measure or method of data transmission can be guaranteed against interception or misuse. We do not guarantee complete security of any information you transmit to us. By consenting to this Privacy Policy, You acknowledge that Your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of Your data by other parties and You understand and accept this risk. We will notify You promptly of any known breach of Our security systems or Your information which might expose You to serious risk.

Contact Us If You have any questions about Our Privacy Policy or wish to exercise any of Your rights as set out in this Privacy Policy, please contact our dedicated data manager at amelia@whisperingheartyoga.com