TERMS & CONDITIONS / PRIVACY | The Kindness Giver

Effective 10/29/2019

TERMS OF CONDITION & USE

NOTICE:

This website is owned and operated by CyberSecurity Enterprises, LLC doing business as The Kindness Giver or Randy McNeely Enterprises hereafter “the company.” Our principal office is in Muscatine, Iowa.

By using this website (the "Site), you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

Children Under the Age of 13

The Site is not for use by children under 13 years of age. If you are under 13, do not use or provide any information on this website or on or through any of its features. If we become aware that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please email us at privacy@randymcneely.com. Definition: Personal Information/Data – Data the relates to you as an individual which would be considered personally identifiable information, such as your name, job title, email address, telephone number.

Your Communications:

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our mailing or email addresses is subject to potential viewing and distribution by third parties. We own any and all communications displayed on our Site, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers

The Site and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our the Site and the company for any direct or indirect loss or conduct incurred as a result of your use of the Site and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this Site, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using the Site, related materials, products, courses or the materials contained herein.

The Site is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using the Site is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at privacy@randymcneely.com

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Refunds and Payment Cancellations

All purchases through the Site are completed through third parties. We don't collect or store any payment information on the Site and do not control any refund or cancellation processes for purchases made. For refund or cancellation needs, you will need to work directly with the third party organization.

Entire Agreement

Before you subscribe to any publications on the Site, such as our Newsletter, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, these Terms & Conditions and the Privacy Policy and the information contained herein constitutes the entire agreement between site users and the company relating to the use of the Site.

Severability

If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Iowa, the United States of America.

Consent

By using the Site, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of Site use, or our Privacy Policy, please feel free to contact us by email at privacy@randymcneely.com

PURPOSE:

This Privacy Policy (“Policy”) explains the personal information that the company collects from you, or that you may provide to us through our website (the “Site”)

This Privacy Policy is only applicable to personal data that the company collects through the Site. It does not apply to any other websites that may be reachable or accessible through the Site.

Please read this Policy carefully to ensure you understand our policies and practices regarding how we handle your information. If you do not agree with our policies and practices, you may choose not to use the Site.

By accessing or using the company website, you agree to this privacy policy and to the internal handling and transfer of your data herein described. This Policy is subject to change from time to time, as needed. Your continued use of the Site after changes we make is considered to be acceptance of those changes. Please ensure you check the Policy periodically for updates.

PERSONAL INFORMATION/DATA WE COLLECT

Information You Provide to Us:

We collect information you provide us voluntarily through our Newsletter subscription form, Contact form, membership signup, blog comments, and if you download free information, or respond to a marketing campaign. This may include your name, email address, phone number, and state of residence.

The company website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to present our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. They also adhere to the EU/US Privacy Shield Framework. A link to the Wix Privacy Policy can be found here.

Any direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Information We Collect Through the Use of our Site Technology:

Cookies and Web Beacons

The Wix platform uses multiple types of cookies and hence we use cookies on the Site. A cookie is a small text file sent from a web server to a web browser and stored on the web browser on your computer hard drive. Every time the browser makes a request to the web server for a web page, the cookie communicates with the web server which enables the server to identify and track the web browser.

A cookie notification banner will appear on the first page of the Site with a consent option. Until you consent to the use of cookies through this banner, the cookie setting functionality will not work on the Site.

Pages of this website may also contain web beacons which are small files that allow us to count users who have visited those pages or for other website related statistics.

We use cookies and web beacons to help us understand your Site utilization which allows us to improve the Site’s usability and also provide you with a more personalized experience.

For more information on specific cookie types utilized by Wix click here.

IP Address and Device Identification

When you navigate through the Site, we may collect your IP address, your device type, operating system, and browser information. The information gathered may allow us to determine your ISP and/or geographic area but will not allow us to determine your personal identity. No links will ever be made between your personal data and your device identification information, your IP address, or your browser information. We treat all of these items as if they were personal data.

Information We Collect Through Third Parties:

The company utilizes the following Third Parties in conducting their business:

Google Analytics Data:

Utilized to allow us to better serve you, personalize content for you, and provide you with information we believe you may find useful.

Google adheres the EU-US and Swiss-US Privacy Shield Frameworks.

Google Privacy Policy

Amazon.Com and subsidiaries

All books sold by Author Randy McNeely are currently sold through Amazon.com or their subsidiaries. Payment data and other information collected at the time of sale is stored with Amazon. All purchase related questions or refund requests must be worked through your Amazon account.

Amazon adheres to the EU-US and Swiss-US Privacy Shield Frameworks.

Amazon Privacy Policy

INFORMATION USE, DISCLOSURE, AND PROTECTION

How We Use Your Information:

We use information we collect about you in order to better serve you and improve your experience with our Site. We may use your information in the following ways:

Newsletter distribution
Marketing or promotional campaigns
Responding to information requests or feedback
Notifying you, from time to time, about changes to the Site and/or this policy
Notifying you of the availability of free offers
Responding to any requests required by law, or to protect the company rights, property, and safety, as well as that of our users
To report any suspected criminal activities
For fraud prevention

How We Disclose Your Information:

We do not and will not sell or rent your personal data to any third parties. We may, however, disclose aggregated information we’ve collected about our users which does not identify an individual, without restriction. The following are some of the ways we may disclose your personal data:

To third parties who support the company service offerings and business, including Amazon and other eBook and book distributors.
To comply with the law, as required, we may disclose account information or other personal data, or to protect the company rights, property and safety as well as that of our users
- This potentially includes the sharing of personal data with other organizations for the purpose of fraud protection and reduction of credit risk
Disclosure and transfer of data to a subsequent owner, co-owner, or Site operator as the result of a sale of the company assets, merger, consolidation, or bankruptcy
- This potentially includes the transfer of personal data to prospective purchasers
Testimonials – The company may post any positive feedback you choose to provide to us either on the Site or in material promoting or describing the company and its service offerings. The company will contact you to obtain your written consent before publishing any provided feedback.

Protection of Your Personal Data:

The protection and security of your personal data is of vital importance to the company. The company website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to present our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. The also adhere to the EU/US Privacy Shield Framework. A link to the Wix Privacy Policy can be found here.

We’ve implemented administrative, technical and physical safeguards to ensure the protection of your personal data from unauthorized access, disclosure, or inappropriate usage.

Wix uses Transport Layer Security (TLS) encryption to protect all of the data collection forms on the Site. Additionally, access to your personal data is restricted to specific individuals and use is kept to the minimum necessary for those individuals to fulfill their responsibilities. No payment information is directly collected on this site.

The safety and security of your information also depends on you. If you have created a user name and a password for access to specific parts of the Site, you are responsible for ensuring that your user name and password are kept confidential. Do not share your user name or password with anyone.

Please note that although we take measures to protect your information, we cannot guarantee the security of your information transmitted the Site. Any transmission of information is at your own risk and the company is not responsible for circumvention of any privacy settings or security measures contained on the Site.

YOUR OPTIONS REGARDING YOUR PERSONAL DATA - GDPR

Visitor’s GDPR Rights

According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.

As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:

You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company. As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data.

We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the 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.

You have the right to withdraw consent provided to the company concerning the processing of your personal data, as well as 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 not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.

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.

For all data stored through Wix, Wix makes the following Security Statement:

Wix employs full-time security consultants, dedicated to the security of our customer information. Click here to learn more.

Wix is Payment Card Industry Data Security Standards (PCI DSS) compliant and is accredited as a level 1 service provider and merchant. This standard helps create a secure environment by increasing cardholder data, thus reducing credit card fraud. We regularly perform internal security audits to maintain our ISO/PCI security certifications. Click here to learn more.

Wix's signup and login services are completed through a secure server (HTTPS/SSL). Click here to learn more.

Wix uses cryptography hash functions to protect your information. Your password is stored as a hash digest and, in the event of a security breach, your original password cannot be recovered from our servers.

Wix.com is certified under the EU-US Privacy Shield Framework and the Swiss-US privacy Shield Framework as set forth by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, and therefore adheres to the Privacy Shield Principles.

In accordance with the GDPR, site visitors have the right to access their data or "be forgotten" (to be permanently deleted from Wix databases). Wix has developed the two main tools provided to help us meet these requirements.

Any users, including EEA/EU users that have provided your contact information through the site and would like to have it removed, please send an email to privacy@randymcneely.com.

Other Privacy Tips

If you desire to prevent data from being utilized by Google Analytics, you can install Google’s opt-out browser add-on.

You may set your browser’s Do Not Track (DNT) option which informs websites you are visiting know that you don’t want the websites to collect your personal data.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE/YOUR CALIFORNIA PRIVACY RIGHTS

California residents using the Site have the right to request that we provide certain information pertaining to our disclosure of your personal data to any third parties for direct marketing purposes. All requests for this purpose can be made by email to privacy@randymcneely.com.

CHANGES TO THIS POLICY

It is the company policy to post any changes it makes to its Policy on this page. If the company makes material changes to users’ information is handled, a notice will be posted on the Site home page.

QUESTIONS?

Please send any questions or suggestions regarding this Policy to the company at privacy@randymcneely.com.