TOS/ Privacy policy
Terms of Service/Privacy Policy
Updated January 31st, 2022
The following terms of service (the "TOS") which incorporate a “Privacy Policy”, form a binding agreement between Gig Miami Inc, and its Related Entities (“Journey, The Antidote Within”, “Myjourney.coach’, “Our” and “Us”) and You, a “User” of our websites and applications (“apps”), including myjourney.coach (the “Websites”), and govern Your use of our Services (defined as our health coaching booking session 1-1, Interactions as defined herein, and/or accessing Provided Content and other content available by or at the direction of Journey, the antidote within) facilitated through any Website we operate, as well as Your use of mobile apps that are authorized by and promoted on our Site, and other Provided Content (as defined below) owned or operated by or on behalf of us for the purpose of You ordering products, confirming attendance at health coaching sessions, purchasing tickets, booking sessions or programs and otherwise using the Services, and in connection with any content posted by You to the Site or while participating in any of the Services (collectively “Interactions”). By using any of the Services, you consent to Journey's collection, use, disclosure, transfer and storage of information relating to you as set forth in OurPrivacy Policy. We ask that you confirm such consent by checking a box when you create an account after February 1st, 2022, and as otherwise requested from time to time by Journey, The Antidote Within in its sole discretion.
PLEASE READ OUR TOS CAREFULLY BEFORE USING ANY OF OUR SERVICES. Our Terms of Service and Privacy Policy explain what information we collect, how we use it and who we share it with. We strive to make Journey’s Terms of Service readable and have tried to provide explanations for the more unusual legal terms. If You have terminology questions not covered here, Law.com's glossary may help, though we cannot vouch for the accuracy of outside sources, including those referenced in the TOS.
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS WITH RESPECT TO THE SERVICES, INCLUDING YOUR RELATIONSHIP WITH US, AND INCLUDE AN ARBITRATION PROVISION THAT MAY LIMIT YOUR ABILITY TO PURSUE CLAIMS AGAINST US IN COURT. PLEASE READ THEM CAREFULLY AND REVIEW THEM REGULARLY.
Each time you use the Site and/or the Services, the then-current version of the Terms of Service will apply. If you use the Services after a modification of these Terms of Service, you agree to be bound by the Terms as modified.
Our Privacy Policy answers the following questions:
What information do we collect about you and how do we use it?
Will we share your Personal Data with third parties?
What choices do you have about the collection and use of your Personal Data?
What security measures do we take to safeguard your Personal Data?
By using the Services, including, but not limited to, by creating an account and/or submitting an image or other data, You are agreeing to our TOS; in order to provide You with information, accept and process Your Interactions and/or an order, analyze Your Interactions and make recommendations and/or provide any content to You, we have to process certain data and information including Personal Data that we collect from our Users, and that each User provides us in connection with the Services. In order to operate the site, and prevent technical issues and breaches, we need to process (e.g., collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes (but is not limited to) Your username, Your email address, Your IP information and any personally identifying information You enter on the Service, including information that You put into Your profile, such as Your email address, any image, video or photograph that You submit or provide to Journey, The Antidote Within, and any other Interactions that You may submit to, on or through the Service.
By using Journey, The Antidote Within, You consent to our collection, processing, retention and display of Your Personal Data as set forth and explained in these Terms of Use and Privacy Policy, so we can maintain the integrity of the Service, the Software (defined as any database program that we use, as well as any apps, websites or other programs accessible through or via Journey, The Antidote Within or at its direction) and the content that we host; provide You with the content that You are seeking; minimize spam; alert You of new products or services, features, or enhancements; handle Your questions or issues; administer promotions, contests and sweepstakes; display relevant marketing to You; provide You with Software and application updates and upgrades; to combat fraud and abuse; notify You of promotions, updates, or special offers that we think may interest You; to preserve the integrity of the Service; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process, or when we have a good faith belief that doing so will help prevent imminent harm to someone; and for various legal and accounting/audit reasons. We also use information that You provide and that We collect in the aggregate to understand how our users as a group use the services and resources provided on our Services.
Additional terms and conditions may apply when You access information created by or for Journey, The Antidote Within via an affiliate services provider or third-party, including, but not limited to, Facebook, Instagram, Vcita, Twitter, Microsoft, Squarespace, Shopify, YouTube, Google, Amazon, Yahoo, Telegram, Spotify, Emerson, Wholescripts and any others used or suggested by Us, and which are hereby made a part of our TOS and are expressly incorporated herein by this reference; You only agree to the terms of and/or regarding third party sites if You use, purchase book services via, or access information on or via those sites or services.
If You submit information to Journey, The Antidote Within for purposes of seeking employment with Journey, The Antidote Within as an employee or contractor, Journey, The Antidote Within reserve the right - but do not have a duty - to retain it in the manner in which Journey, The Antidote Within retains similar business records, and reserve the right to use such information for purposes of determining Your suitability for the position You seek and any retention in and/or promotions therefrom.
If You do not agree to any aspect of our TOS, You must discontinue use of our Services immediately, delete the app and cease accessing the website. You should print or otherwise save a copy of our TOS for Your records.
You acknowledge that our TOS is supported by good and valuable consideration, including, but not limited to, Your use of the Services and receipt of data, materials and information available at or through the Services. If You order/request any Journey, The Antidote Within Services, You are entering into a contract with Gig Miami Inc and Journey, The Antidote Within, where You are requesting the Services, goods and/or information, and may opt to pay fees for such Services; as part of this contractual relationship, You affirm our right to collect, use, process and retain any information or data that You submit to us, including Personal Data and/or data that falls into the definition of Specific Categories of Personal Data, pursuant to the terms set forth in Journey, The Antidote Within’s Privacy Policy.
We may update or change our TOS from time to time and recommend that You review our TOS on a regular basis. The most current version of our TOS may be viewed at [myjourney.coach/TOS].) If We make a change to our TOS, the revised version of our TOS will be posted on our Website, and We reserve the right to send notification of such change to any email address submitted to Journey, The Antidote Within by You; Because this information is important to Your interaction Journey, The Antidote Within and Your use of the Services, You may not opt out of receiving these communications. You understand and agree that Your continued use of our Services after our TOS has changed constitutes Your acceptance of our TOS as revised.
You have come to myjourney.coach to obtain Journey, The Antidote Within Services for Yourself and/or to purchase goods from Journey, The Antidote Within and related brands; in order to provide You with our Journey, The Antidote Within Services and/or goods, You have to provide us with certain information, and to provide You with said Services, we collect and retain certain information about You as well:
When You create a Journey, The Antidote Within account, which involves registering for our Services;
If You subscribe to a mailing list, enter a contest, or contact us;
When You interact with one of our Partners (including Squarespace or Vcita) or another service provider on the Service; and
When You pay for a Service or goods.
PAYMENT SERVICE AUTHORIZATION
You may be asked to provide us with a credit card number from a card issuer, or other payment information that we accept, in order to activate and/or pay for any fees related to the Services. We may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase, order, fee and/or subscription. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your account.
If at any point Journey, The Antidote Within collects credit card billing information from You, said data will be transferred using techniques considered commonplace and “industry standard” by our processing partner(s) and any data that we use, store, process or retain will be handled pursuant to our Privacy Policy. Credit card information will be treated as ephemeral data by Journey, The Antidote Within and will solely be processed and, if applicable, stored by our partner(s) in use at the time of the transaction. Credit card information will be stored at time of a transaction or at any given time if a user makes the decision to associate a payment method with their account.
Your card issuer agreement governs Your use of Your credit or debit card, and You must refer to that agreement and not this Terms of Use to determine Your rights and liabilities as a cardholder. YOU, AND NOT JOURNEY, THE ANTIDOTE WITHIN, ARE RESPONSIBLE FOR ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR DEDUCTED VIA YOUR DEBIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon request or demand by Journey, The Antidote Within or its agents.
Journey, The Antidote Within shall have the right to refuse or cancel any orders placed for products, subscriptions and/or Services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Journey, The Antidote Within shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, Journey, The Antidote Within agree to promptly issue a credit to Your credit card account in the amount of the charge.
OUR REFUND POLICY
REGARDING GOODS: Unless prohibited by law, in the event that Journey, The Antidote Within is found responsible for any error in Your order or the amount You were charged, You are entitled to a credit, provided it is brought to our attention within twenty-one (21) calendar days of the delivery of the goods to the address You provided (“Receipt Date”). If You do not raise the issue within twenty-one (21) calendar days of the Receipt Date, and return the item to Journey, The Antidote Within in such time, You waive the ability to receive a credit for any error except where another time frame is mandated by local law. Receipt and Credit Card information MUST be presented for refunds and exchanges.
If you wish to return a product that you purchased at myjourney.coach website, (1) Unless an item arrives damaged to you via shipping issues, we DO NOT accept returns for: edible or supplements or vitamins, or powders, or any cleansing products, makeup, face serums, face and body tools (“Non-Returnable Items”); (2) items that are not Non-Returnable Items may be exchanged or returned pursuant to these Policies if they are unopened and returned within twenty-one (21) days of original purchase (if purchased on-site) or shipped back within fourteen (14) days of receipt, and are eligible for a full refund in the original method paid or store credit; and (3) unopened products without a receipt may be returned for an exchange valued at the lowest selling price offered in the last thirty (30 )days. If a Non-Returnable Item arrives to you in damaged form, you must contact hello@myjourney.coach within five (5) business days of your receipt of the item to coordinate a refund.
Free gifts, samples or promotional items with retail value cannot be returned and no refunds for same will be made under any circumstances.
REGARDING 1-1 ONLINE SESSIONS WITH OUR COACHES: Upon making a reservation via Squarespace + Vcita, you have up to 24 hours prior to your appointment to make any modification or cancellation. After that, your session will be charge fully, you should communicate with us at hello@myjourney.coach for same-day cancellations or to reschedule your appointment. We reserve the right to request pre-payment.
OUR MATERIALS AND LICENSE TO YOU
Content and information on the myjourney.coach website and any Journey application, as well as on the third-party sites used by Journey, The Antidote Within to provide You with information, special deals and news, is owned by a wide range of parties, including Journey, The Antidote Within, users who submit content like photos, and third parties who may promote goods or services on or through the site (the “Provided Content”). The Provided Content is protected by copyright, trademark, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Journey, The Antidote Within grants You a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials including Provided Content, for personal reasons solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement including sharing such Interactions with any health care provider or intake specialist, or any related service provider. Any other use of the Provided Content is prohibited. With regard to Provided Content that is either (a) owned by Journey, The Antidote Within or (b) hosted by Journey, The Antidote Within, Journey, The Antidote Within grants its users a license to use such Provided Content for personal and/or non-commercial purposes or pursuant to Fair Use on social media, in texts, on blog posts and on third party networks, sites, systems and social media. Nothing contained on the Sites should be interpreted as granting to You any commercial license to use any of the Provided Content and/or third-party proprietary content on the Sites without the express written permission of Journey, The Antidote Within or the appropriate third party owner, as applicable.
If You download any Software or machine-readable Provided Content from or which is created by Journey, The Antidote Within, You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce it to a human-perceivable form. Journey, The Antidote Within reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or Services offered on or through the Sites (or any part thereof), including, but not limited to, the Sites' features, look and feel, and functional elements and related services.
Journey, The Antidote Within Services are only for informational and educational purposes such as research as well as entertainment purposes. The Services are not intended to be used by You for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of Your physician or other health care provider with any questions You may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical issue, condition, impairment, change or development, or the status of Your health.
Journey, The Antidote Within does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. Any information that is provided to You is strictly and solely for informational, research and/or entertainment purposes, and for You to discuss with Your healthcare providers. We strongly recommend discussing any questions that You have with Your trained physician or other health care provider, as they have access to many factors. Journey, The Antidote Within accepts no responsibility for any actions You take or decisions You make because of any reliance by You on any information provided by Journey, The Antidote Within, Within employees or contractors, or other visitors to or users of the Journey, The Antidote Within Services, and such actions and/or decisions are solely at Your own risk.
Journey, The Antidote Within is not not licensed by state, federal, or international authorities for testing conducted for health and disease-related purposes. We may opt not to offer certain Services or products where we do not have required licenses.
MEMBER ACCOUNT
When you use the Services, we may create an Account Number so we can organize, process and archive your Personal Data. If you wish to create a Member Account for the Services, You will be required to select a password and provide your phone nnumber. Please choose a strong password and do not reveal your passcode and password to others. You agree that You are responsible for keeping Your password confidential and secure, and further understand that You are solely responsible and liable for any activities that occur under Your Member Account. If You suspect or become aware of any unauthorized use of Your Member Account please contact us. You should not share Your Member Account and/or password details with another person and/or entity. We reserve the right to merge Journey, The Antidote Within account information and Personal Data associated therewith with Squarespace, Squarespace, Vcita, Amazon, Facebook or Instagram, that data or account information, but we reserve the right to do so pursuant to the terms of this Policy, as amended from time to time.
ACCEPTABLE USE POLICY
By accessing the Sites, You agree:
not to use the Sites or the Services or submit content to the Sites if You are an Age-Barred Individual as defined herein.
not to use the Site to cause nuisance, annoyance or inconvenience.
not to attempt to impersonate another user or person, a Journey, The Antidote Within Partner or member of the Journey, The Antidote Within team, including for purposes of placing false or fake requests or queries.
not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Journey, The Antidote Within.
not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content including but not limited to the Provided Content.
not to access the Sites or Services using a third-party's account/registration without the express consent of the account holder.
not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any Journey, The Antidote Within server.
not to use the Sites in any manner that could damage, disable, overburden and/or impair any Journey, The Antidote Within server, or the network(s) connected to any Journey, The Antidote Within server, and/or interfere with any other party’s use and enjoyment of the Sites.
not to use any information obtained from the Sites or the Journey, The Antidote Within Services in order to contact, advertise to, solicit, or sell to any Journey, The Antidote Within service provider or other user
not to use the Sites or any Provided Content as part of an effort to compete with or negatively impact the business of Journey, The Antidote Within.
not to use the Software or Services or Provided Content for any commercial purposes, including but not limited to, contacting or advertising to, soliciting or selling to, any service provider unless Journey, The Antidote Within has given You permission in writing to do so.
not to delete the copyright or other proprietary rights notice from any Provided Content or any portion of the Sites or other Journey, The Antidote Within Services.
to report any errors, bugs, glitches, unauthorized access methodologies or any breach of IP rights that You uncover in Your use of Software or the Services.
not to use the Sites for any illegal purposes including, but not limited to, identity fraud or credit card fraud.
to keep secure and confidential Your account password or any identification that We provide You.
not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
that you are not based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
LICENSES AND INDEMNIFICATION
You shall not upload to, email to, distribute or otherwise publish through, or share with or through the Service any Interactions which is deemed by Journey, The Antidote Within, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by Journey, The Antidote Within in its sole discretion to be advertising or "spam".
If You send or post comments, reviews, images or videos (the “User Submission”) on, to or at any page or site hosted, managed or controlled by Journey, The Antidote Within including the Site, and any of Journey, The Antidote Within’s Facebook pages, or if You directly communicate with Journey, The Antidote Within via email, a comment form, Twitter, or on Instagram, tumblr or another social media service including by tagging Journey, The Antidote Within, You grant Journey, The Antidote Within a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant Journey, The Antidote Within the right to include and/or use the username and/or email address that You submit with Your User Submission, if any, in connection with such User Submission, whether on the Service or in any other media, and that no additional consideration or credit needs to be provided to You by Journey, The Antidote Within and/or any licensee thereof. If You believe that a user has violated the terms of these Terms of Use, it is not Your responsibility to call them out on it publicly; instead, please contact Journey, The Antidote Within. Journey, The Antidote Within shall have the right (but not the obligation) in its sole discretion to refuse or move any User Submission and/or block access by the public to any User Submission that violates the TOS or is otherwise deemed objectionable in Journey, The Antidote Within’s sole discretion. You acknowledge that Journey, The Antidote Within are not obligated to pre-screen User Submissions and may not review User Submissions for purposes of compliance with the TOS or any other policy. Although we try to maintain a safe environment on our social media platforms and the Services, we are not responsible for the posts of any user and disclaim any liability for such posts.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON ANY OF JOURNEY’S PLATFORMS OR ANY PLATFORM OR SERVICE ON WHICH JOURNEY, THE ANTIDOTE WITHIN POSTS, SHARES, DISTRIBUTES OR HOSTS CONTENT.
You recognize that some content on this Site, including all User Submissions and certain Provided Content, represents the viewpoints and/or opinions of the individual who has created such content, and is not endorsed by this Site in any way. Journey, The Antidote Within do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any third party including any user, information provider or any other person or entity. You acknowledge that any except as otherwise provided herein regarding pricing, any material You download, view, or otherwise access through the Service is at Your own risk, and You will be solely responsible for any damage or loss of data that results from the download of any such material.
By transmitting a User Submission or Provided Content, You represent and warrant that the Interactions and Your communication thereof conform to our TOS and that You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Submission in all manners contemplated by these Terms of Service (including the Submissions License). If such rights are not assigned to us, Your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not Your User Submissions are used by us. You hereby appoint us as Your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. You agree that any User Submission You make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and us in any way, and that You have no expectation of any review, compensation or consideration of any type.
You understand that the technical processing and transmission of the Site, including Your Interactions contained therein, may involve transmissions over various networks, and may require changes to Your Interactions in order to conform and adapt to the technical requirements of connecting networks or devices. You understand and acknowledge that such transmission will involve servers in the United States and you assent to such transmission of Interactions outside your country of residence and/or citizenship.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers You may make with respect to Submissions, and to the extent allowed by applicable law, You hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by You with respect to Submissions submitted by You to us.
You agree to indemnify and hold harmless Journey, The Antidote Within and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) Your User Submission; (b) Your misuse of the Website, Software or Services; (c) Your violation of this Agreement; (d) a claim, which if true, would constitute a violation by You of Your representations and warranties; (e) a claim alleging Your negligence or willful misconduct related to the Site or Your User Submission; (e) Your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services, or any purchase of any product via the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, You agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Journey, The Antidote Within in asserting any available defenses, and You may not settle any claim without the prior written consent of Journey, The Antidote Within, which shall not be unreasonably withheld. This provision does not require You to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Website, Software and/or Services. You agree that Journey, The Antidote Within shall not be liable to You or any third-party for any termination of or limitation on Your access to the Services.
We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If Your use of the Site and/or the Services results in the need for servicing or replacing equipment or data, We are not responsible for any such costs. Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
FOLLOW-UPS
Customers placing orders will receive email, pop-up or textual alerts about Journey, The Antidote Within news, Services and/or processes. Additionally, You may receive additional emails soliciting feedback relating to that order or service, or providing recommendations and news to You based on prior orders and other interactions with Journey, The Antidote Within and with our partners and service providers.
THIRD PARTY INTERACTIONS
Third-Party Websites, Applications and Advertisements. The Website and the Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for our other partners (“Third-Party Advertisements”) for third parties (collectively and individually, “Third-Party Interactions”). When You click on a link to Third Party Interactions, Journey, The Antidote Within will not warn You that You have left Journey, The Antidote Within’s Site or Services and will not warn You that You are subject to the terms and conditions (including privacy policies) of another entity. Such Third-Party Interactions is not under the control of Journey, The Antidote Within. Journey, The Antidote Within is not responsible for any Third-Party Interactions.
App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which You received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between You and Journey, The Antidote Within and not with the App Store. Journey, The Antidote Within, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the Provided Content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services and any refund requested shall be granted at Journey, The Antidote Within sole discretion. You agree to comply with, and Your license to use the Application is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them.
Ad Servers and Third-Party Hosted Interactions: Journey, The Antidote Within may include advertisements and content served and/or hosted by third-party providers, and reserves the right to share personally identifying information with Journey, The Antidote Within’s ad partners and business partners, as well as designees, advertisers, marketing firms and related third parties, for purposes of site/Service integrity and so we can provide You with information, data and/or Interactions that we believe You will be interested in.
Some of the content and/or works that You see displayed at the Sites is created or approved by Journey, The Antidote Within, but is not hosted on the Sites. Such embedded content can include videos, tweets, articles, research opportunities, images that are hosted by third-party sites, or audio files (“Embedded Interactions”) such as Tweets from Journey, The Antidote Within, or YouTube videos uploaded by Journey, The Antidote Within or our partners. If You access a page that includes Embedded Interactions, the content file may share data with the hosted site as if You were on or at the hosted site including in the form of cookies. Embedded Interactions is not governed by our Privacy Policy, and instead is covered by the Terms of Use and/or Privacy Policy of the service that hosts the Embedded Interactions.
With respect to cookies: we use cookies to store visitor preferences and certain identifiers, customize Web page content based on visitors' browser type or other information that the visitor sends, and record past activity at a site in order to provide better service when visitors return to our site.
Journey, The Antidote Within may, at a future time, use customer information for new, unanticipated uses not previously disclosed in our privacy notice. Journey, The Antidote Within reserve the right to communicate with its users via communications methods provided by each or any user.
If You request that Journey, The Antidote Within send information to a third party, such as a friend, Journey, The Antidote Within may utilize the contact data provided by You to forward information to said third party, and may retain said contact data as long as we feel appropriate.
THE RISK OF ERRORS, ISSUES AND OMISSIONS
Our Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in Journey, The Antidote Within privacy policy or as otherwise required by applicable law, Journey, The Antidote Within is not responsible for any delays, analysis failures, or other economic damage resulting from such problems. You acknowledge that access to the Service may involve third party fees (such as Internet service provider, mobile data fees or airtime charges). You are responsible for applicable fees, including those fees associated with the display or analysis of advertisements, if applicable. In addition, You must provide and are responsible for all equipment necessary to access Journey, The Antidote Within in any medium or via any service.
COPYRIGHT POLICY
Journey, The Antidote Within respects the intellectual property of others, and We ask all of our users to do the same. If You believe that Your copyrighted work has been copied and is accessible on the Sites or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide our Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
Please send this notification to our copyright agent at:
hello@myjourney.coach
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LIMITATION OF LIABILITY
IN NO EVENT SHALL JOURNEY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF JOURNEY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. JOURNEY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR APP. JOURNEY ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. IN NO EVENT SHALL JOURNEY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED THE AMOUNT PAID BY YOU TO JOURNEY OR A MERCHANT, IF ANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AND JOURNEY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND JOURNEY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY AND THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS ON DAMAGES AND MANDATORY MEDIATION OF DISPUTES. YOU AGREE THAT OUR LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY IS LIMITED TO THE SUM OF $100, BUT ONLY TO THE EXTENT THAT SUCH CLAIM IS NOT OTHERWISE BARRED BY THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS AGREEMENT.
MISCELLANEOUS PROVISIONS
Governing Law. You acknowledge and agree that Your access to and/or use of the Sites, the Materials, Provided Content and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
Dispute Resolution.
Arbitration. You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to Your use of the Sites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding arbitration. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that You and Journey are each waiving the right to a trial by jury. You further acknowledge and agree that You waive Your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Journey, otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Use. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service including the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and Journey. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The Arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on You and Journey.
TERMINATION
At its sole discretion, Journey may modify or discontinue the Services, or may modify, suspend or terminate Your access to the Software or the Services, for any reason, with or without notice to You and without liability to You or any third party; in case of event cancellation, refunds will be made pursuant to the policies set forth in connection with said event. In addition to suspending or terminating Your access to the Service, The Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after Your right to use the Software is terminated, this Agreement will remain enforceable against You. You may terminate this Agreement at any time by ceasing all use of the Software and Services. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Licenses, Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.
PRIVACY POLICY
You understand that by using the Service, You consent and agree to the collection and use of certain information about You and Your use of the Service in accordance with our Privacy Policy and Terms of Use.
Your security is our leading priority and we take industry-standard precautions to protect Your information. Our payment process is managed via Shopify for purchases of goods, and Conscious Cities for ticket purchases and events; as explained in their Privacy Policy and Terms of Service both use industry-standard encryption to keep unauthorized persons from being able to read the payment data You have entered online. At Journey, The Antidote Within, we do not store Your credit card or debit card information on our servers.
YOUR INFORMATION
For purposes of this Privacy Policy and any agreement with Journey, The Antidote Within that incorporates them by reference, including our Terms of Use “Personal Data” is defined as personally identifying information, including but not limited to a username, account number, email address, IP information and any personally identifying information entered by a User on the Services including address and payment information.
“Special Categories of Personal Data” is defined as data revealing health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, personal relationships or sexual orientation. We may ask you to submit information that falls into “Special Categories of Personal Data” in connection with allergies, health restrictions and food/beverage preferences. Also, in the event You ask us to send items to a location such as a house of worship, a hospital, a campaign office or a picket line, You may be providing such information incidentally; You consent to our use, storage, retention and processing of data included in these Special Categories of Personal Data in the same way that We use, store, retain and process Your Personal Data, and agree that the term Personal Data as used herein includes Special Categories of Personal Data and Interactive Data, as defined below.
We may also collect “Interactive Data”, meaning browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify Your browser, mobile device, pages you visit, cell service/wifi provider or Your account (including, for example, a persistent device identifier or an Ad ID), and other similar information; You consent to such collection so that we can perform Services to You in connection with an Order (which is a contract between You and Us) and/or so we can provide You with relevant and/or requested Provided Content, data, information and Services. To improve our Services and avoid errors, we may obtain certain analytical information including records of the user sign in process, as well as login and logoff times, object loss metrics, test processes, button and action data and related information; such data may be shared with Instabug and/or Amplitude so we can provide You with the Services you want to receive, error-free.
Your Information, including Personal Data, is collected, stored, processed, used and archived pursuant to this Privacy Policy and you agree that all references to Personal Data in this Privacy Policy and the Journey, The Antidote Within’s Terms of Use include Special Categories of Personal Data and Interactive Data.
In order to use Journey, The Antidote Within’s Services, You may from time to time provide personally identifying and other forms of information, including, but not limited to, Your name, street address, email address, phone number, and other contact information. In addition, We and our third-party service providers may collect Your billing, shipping, and other information, and We may collect other supplemental information from third parties. You can always choose not to provide any information, but then You might not be able to take advantage of many of Journey, The Antidote Within’s products and Services. For example, if you booked or sign up for a coaching session, send a gift certificate and/or purchase coaching sessions through the Service, you will also be required to provide a billing address and/or credit card or other payment information which will be collected, used, processed and retained so that we can process your order, remind you of the event, check you in at the event, obtain follow-up information and/or reviews from you, and for other accounting and legal purposes.
Like most standard website servers, We use log files to collect Internet Protocol ("IP") addresses, browser type, Internet Service Provider ("ISP"), referring/exit pages, platform type, and date/time stamp, and these are included in the definitions of Interactive Data, Personal Data and/or Special Categories of Personal Data, as appropriate. We may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine the relevance of content. IP addresses are also linked to personally identifiable information, to better the user's experience when using the Website. Although, We have no obligation to do so, We may also retain any email, letter, or other correspondence between You and Journey, The Antidote Within and any representative or agent thereof, to ensure quality control.
Information supplied by You to Journey, The Antidote Within may be used to serve You and to operate and maintain Our Services, and in performance of any contract You enter into with us including any order placed via the Sites. For example, We may use the information to respond to Your requests, to customize use of the Website for You, to improve our Website, to make recommendations to You, to remind You of past orders, events and experiences at and through Journey, The Antidote Within, and to communicate with You. We may use Your email address or information without Your consent, for a range of purposes including managing, tracking, completing and confirming Your orders and/or reservations, processing Your payment, marketing, quality of service and administrative purposes, and we reserve the right to share Your personally identifying information with any entity that You order products from via Journey, The Antidote Within, as well as our staff/employees/contractors/team and a currency/credit card processing company whose role is to bill users for purchases made via Journey, The Antidote Within. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party to provide specific services and process, and to store and organize Personal Data on our behalf.
We may use Your Personal Data in connection with information from You that is not Personal Data which we have collected in a manner such that the end-product does not personally identify You or any other user of the Service. We may make information that would otherwise be deemed Personal Data (e.g., the number of Users who have ordered from a particular partner, or who live in a particular zip code) non-personally identifiable by either combining it with information about other users (aggregating Your Personal Data with information about other users), or by removing characteristics (such as Your name or email address) that make the information personally identifiable. This process is known as de-personalizing or anonymizing Your information. Accordingly, You consent to our use of also use Your Personal Data to provide analyses of our users in the aggregate to current and prospective partners and other third parties.
Through this Privacy Policy You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use, process, store and share Your Personal Data in connection with the creation and development of analytical and statistical analysis processes, tools and data relating to the use of the customer data we collect in providing the Service (the "Analytical Data"). We may share Your Personal Data with service providers that we engage for the purpose of processing information on our and Your behalf. For example, we may partner with other companies to process payments for the Service and manage scheduling (via Vcita), and ordering goods (via Squarespace). Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access Your Personal Data. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures. You expressly authorize and consent that we can make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.
We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including email addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”).
In compliance with United States regulations regarding online privacy for children, Journey, The Antidote Within do not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual. Age-Barred Individuals are not permitted to have an account, use any Journey, The Antidote Within website or app, or submit Interactions of any type to Journey, The Antidote Within. By using the Service and/or submitting an order, You thereby confirm that You are eighteen (18) years old or older, and not an Age-Barred Individual.
By providing Personal Data to Journey, The Antidote Within or via one of our partners such as Vcita, Squarespace, Klaviyo (our “Partners”), You consent to the collection, storage and processing of the data provided by You manually, as well as IP information which we may use for localization, corporate compliance, legal and auditing purposes, in connection with Journey, The Antidote Within’s business purposes, such as data analysis, audits, fraud prevention, developing new Services and/or features, enhancing and improving our Services, documenting usage, analyzing and researching user trends and researching/documenting the effectiveness of any promotional campaign; and to our sharing of that information with the entity You ordered from, as well as our personnel for purposes of managing and processing Your order, processing payment for that order, following up with You regarding Your order and making recommendations for future orders. You expressly consent to the storage of Your Personal Data in the United States. Your Personal Data and other information may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Data that we maintain about You to recipients who are located, temporarily or permanently, in countries other than the country in which the Personal Data was originally collected. Those countries may have data protection rules that are different from those of Your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that Your Personal Data remains protected to the standards described in this Privacy Policy. Your Personal Data may therefore be subject to privacy laws that are different from those in your country of residence. We will share Personal Data if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use or another policy, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iv) such action is appropriate to protect the rights, property or safety of Journey, The Antidote Within, its employees/contractors/officers/affiliates, attendees at any Journey, The Antidote Within event or event hosted at Journey, The Antidote Within, users of the Service or others.
If You have any question about Journey, The Antidote Within’s security You can send an email to hello@myjourney.coach. Although We intend to use reasonable security safeguards to protect the security of Personal Data, WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY INFORMATION; THEREFORE, YOUR POSTING OR TRANSMITTING OF PERSONAL DATA IS DONE AT YOUR SOLE RISK. If there is a breach in the security of Journey, The Antidote Within’s Services that impacts or involves Your Personal Data, We will contact You at Your then-current email address; we are not responsible for contacting You in the event of a security breach by or at Your credit card company that does not involve Your Journey, The Antidote Within account.
The Personal Data you provide to us will allow us to run and operate our Service, such as to fulfill your orders, welcome you to Journey, The Antidote Within booking; maintain the integrity of the Service; provide you with the Services that you are seeking; minimize spam; and for other legal and accounting/audit reasons; alert you of new products or services, features, or enhancements; handle your questions or issues; administer promotions, contests and sweepstakes; display relevant marketing to you; provide you software and application updates and upgrades; to combat fraud and abuse; and notify you of promotions, updates, or special offers that we think may interest you. We also use information in the aggregate to understand how our users as a group use the services and resources provided on our Service. We also use your email address and phone number as part of the Service in sending you messages about the Service and other general announcements.
We collect personally identifying information such as Your IP address and e-mail address when You register for/create a user account with the Service, visit any of the sites and Services that are part of Journey, The Antidote Within family of sites, or use any of Journey, The Antidote Within’s Services. We may use third-party services to store, process, or transmit data, or perform other technical functions related to operating the Service. These services may include spam detectors, backup services, icon hosting, and e-mail services; a list of third-party services is provided in our Sub processor List. While we endeavor to ensure our service providers’ compliance with our privacy strictures, we cannot guarantee other services’ performance. We or the services we use store or process Your Personal Data in data centers located in the United States and Canada and may subcontract processing to, or share Your information with, third parties located in countries other than those countries and/or Your home country. Your Personal Data may therefore be subject to privacy laws that are different from those in Your country of residence. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where You may have fewer legal rights in relation to Your information.
We will use Your e-mail address internally for purposes of managing Your account and maintaining site integrity; in the event the Service allows Users to share photographs, videos and/or comments, such Interactions will be connected to the User Name of the User submitting such content; if at that time You agree to allow Your e-mail address and/or User Name to be public, it will be public; if You opt to make it public, everyone has the ability to access it and use it for any purpose. We may occasionally send e-mails to You from Journey, The Antidote Within about Your account, Your orders, our recommendations to You, and news about Journey, The Antidote Within that we reasonably believe to be of use to our registered users. By creating and maintaining a User Account on and with Journey, The Antidote Within, You consent to receiving such emails. We reserve the right to reply to any e-mail message You send to Journey, The Antidote Within and/or its personnel.
We may use your Personal Data in connection with information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. We may make information that would otherwise be deemed Personal Data non-personally identifiable by either combining it with information about other users (aggregating your Personal Data with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing or anonymizing your information.
Social Networking Sites. We may share the information in your account (including your Personal Data) with the SNS that you have linked to your account. The SNS have access to your Personal Data only for this purpose (unless the SNS has received your Personal Data independently of the Service) and not for other purposes. You may be able to post recent activity through the Service back to your SNS account. You will be be able to choose whether or not your activity through the Service will be shared and disclosed on your SNS service.
We collect, process and retain the following data for the following reasons:
a. E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Interactions or Personal Data included in e-mails to us, as well as whether You open emails or click the links contained in emails. We need this information so we can respond to You, and so we can handle questions about the Service, and for other legal and accounting/audit reasons including maintaining the integrity of the Service and the Provided Content that we host.
b. User-Specific Information: We collect data and information about what pages users access or visit including Your interactions with integral Service features such Orders and Your choices there, location information so we can direct You to Journey, The Antidote Within, referral information (i.e. data about what site You are coming to the Service from and where You go to when You leave Journey, The Antidote Within) and whether there are errors in displaying Provided Content to You. We need this information to maintain the integrity of the site, the Service and the Interactions that we host; to process Your orders and provide You with the items You ordered from our partners and third parties; to provide You with Interactions; to minimize spam; and for other legal and accounting/audit reasons.
c. You consent to our collection, processing and retention of Your Personal Data, Your Interactions, and Personal Data (the “User Information”) connected therewith, when You submit Interactions via Journey, The Antidote Within Services. You also acknowledge that we are collecting Your User Information pursuant to our performance of a contract between You and Journey, The Antidote Within for Journey, The Antidote Within so we can make your reservation for our health coaches at Vcita or an event/class, send you items you have ordered (and if necessary, accept their return), book, organize and/or host your wellness event at Journey, The Antidote Within or with one of our partners, process your purchase of gift cards and/or facilitate any other transaction. We need such consent because Your purpose in and reason for entering into the contract was to engage in such services and/or obtain said goods. In order for Journey, The Antidote Within to perform under the Contract, Your User Information also needs to be accessible to those on Journey, The Antidote Within’s team who have access to our servers’ data and databanks, and to Journey, The Antidote Within management, Personnel, and legal and accounting support teams, to maintain the integrity of the Service, enforce these Terms of Service and maintain the integrity of the Service.
d. In the event we allow Users to create public profile pages, You consent to our collection, processing, retention and display of Your username to create said public profile page, and to our collection, processing, retention and display of any Personal Data and Interactions that You submit for inclusion on said Public Profile Page. We need such consent because Your purpose in and reason for including information in Your Profile is for that Personal Data and Interactions to be visible to the general public.
e. In the event we allow Users to write and share comments on any of our sites or Services, You consent to our collection, processing, retention and display of text that You submit as Reviews or Posts, as well as Your Personal Data associated therewith. We need such consent because Your purpose in and reason for submitting a comment is for that Interactions to be visible to the general public.
f. If you purchase tickets, you agree to that we can send you the tickets, a receipt and event confirmation emails, as well as occasional e-mails about other events you might be interested in, as well as information about Journey’s services, Journey, The Antidote Within site policy updates and other matters concerning the management and integrity of Journey, The Antidote Within. You further give informed and unambiguous consent that Personal Data submitted in connection with a ticket purchase can be collected, processed and retained for legal and accounting/auditing purposes. “Payment Information” includes your credit or debit card number, card expiration date, CVV code, cheque payment information and billing/payment account address. Payment Information is not retained or otherwise used at Journey, The Antidote Within, but it is shared with payment services processors/providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; provide you with services and, if applicable, goods; and for other purposes associated with the acceptance of credit or debit cards.
g. By and through Your use of the Services, You consent to our collection, processing, retention and use of Your IP address for a limited time; we need this consent to provide You with information about Journey, The Antidote Within nearest to You, and other location-based services. Temporarily collecting, processing, and retaining IP addresses also enables us to conduct internal management of the Services, maintain server and Service integrity, and reduce spam. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Service.
h. When You make a purchase via Journey, The Antidote Within, You will be asked to freely give informed and unambiguous consent that the Personal Data that You submit in conjunction with Your Order (“Order Information”) can be collected, processed and retained for purposes of enabling You to use Services and tools that are available only to account-holders, as well as for site/Service integrity, legal and accounting/auditing purposes. Order Information includes Your credit or debit card number, card expiration date, CVV code, and billing/payment account address which are shared with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of payment methods including credit or debit cards.
i. After You create an account with the Services, we may work with third parties on statistical modelling tools that enables us to recognize and contact You across multiple devices.
j. Logs of server interactions, as well as event logs are collected and processed. Our servers automatically record information that Your browser sends whenever You visit the Service. This information includes Your Internet Protocol address, Your browser type and version, the search engine You used to find the Service, if any, referring and exit pages, date/time stamp and clickstream data, which Service You use and when and how long You use them. We use this information to monitor and analyze how users use the Service, to provide customer service, to maintain and improve the Service, and to gather demographic information about our user base as a whole. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Service and the Interactions that we host, and may use this information in our marketing and advertising services.
k. We use cookies to store visitors’ preferences; customize web pages based on visitors’ browser type or other information that the visitor sends; and record activity at the Service in order to provide better service when visitors return to our site. Cookies must be enabled for the Service to function properly with Your computer but can be turned off via the browser settings on each User’s computer.
Contests and Sweepstakes. When You enter a contest, challenge or sweepstakes with Journey, The Antidote Within, we will use the information You submit to determine a winner, to provide the winner(s) with their prizes (including via mail by sharing Personal Data with the postal or delivery service), and for auditing and legal purposes. We need such consent because Your purpose in and reason for submitting Your information is for and in connection with Your contest entry.
Payment Information. If you order merchandise, take a tour before booking event space, book event space, retain our Services and/or purchase a health coaching session to any Service, You agree to that we can email or message You the receipt and confirmation for such order, process the order (and return of goods, if any) or purchase, and send You communications about other Interactions, information, data and/or items that You might be interested in, as well as information about Journey, The Antidote Within Services, Journey, The Antidote Within site policy updates and other matters concerning the management and integrity of Journey, The Antidote Within. You further give informed and unambiguous consent that Personal Data submitted in connection with an Order can be collected, processed and retained for analysis and follow-up purposes, as well as legal and accounting/auditing purposes. “Payment Information” includes Your credit or debit card number, card expiration date, CVV code, check payment information and billing/payment account address. Payment Information is not retained or otherwise used at Journey, The Antidote Within, but it is shared with payment services processors/providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; provide You with services and, if applicable, goods; and for other purposes associated with the acceptance of credit or debit cards.
DATA ACCESS
You may contact us at hello@myjourney.coach if You wish to obtain a copy of the Personal Data that we have collected about You; if the GDPR applies to You, You have the right to request a copy of the information that we hold about You. If You would like a copy of some or all of Your Personal Data, please email or write to us at Attn: Legal Dept 1444 Biscayne Blvd Suite 212, 33132 Miami, Florida. We may make a small charge for this service upon subsequent requests. We want to make sure that Your Personal Data is accurate and up to date. You may ask us to correct or remove information You think is inaccurate.
We cannot delete information in connection with orders, bookings, reservations and other paid services or goods for at least seven years as we must retain it for accounting and legal purposes; we reserve the right to retain such Personal Data for accounting and business purposes.
COOKIES AND OTHER TECHNOLOGIES
Parts of the Service may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-Personal Data. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Data by local law, we also treat these identifiers as Personal Data.
“Cookies" are small bits of electronic information that a website sends to a visitor's browser and are stored on the visitor's hard drive. Like many websites, we employ cookies and other technologies in certain areas of the Service to allow us to provide information to make Your online experience more convenient. For example, when You return to the Service after logging in, cookies provide information to the Service so that the Service will remember who You are on subsequent visits, speeding up or enhancing Your experience of the Service by, for instance, tailoring content to You. Journey, The Antidote Within and our partners also use cookies and other technologies to remember Personal Data when You use our Service.
Some of our content is stored by and through third party servers, and we limit access to our control panel. We may use Google Analytics to understand how our users use the Services, Vcita. We communicate with our users and the general public via Instagram, Facebook, Twitter and TikTok, third-party advertising networks including Google Ads.
We may also collect information when you register for or create a Journey, The Antidote Within account, or connect your Journey, The Antidote Within account with another account, by logging into an account that you already have with Facebook, or certain other third-party social networking site (collectively and individually, “SNS”) via our Service. We may gather information regarding your contact lists and SNS information and profile.
You may be able to disable cookies on Your web browser through Your browser settings – please consult Your browser’s help menu for assistance. Please note that certain parts of the Service will not be available or usable if cookies are disabled. In some of our email messages, we may opt to use a “click-through URL” linked to content on the Service. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If You prefer not to be tracked in this way, You should not click text or graphic links in the email messages.
A pixel tag or web beacon is an often-transparent graphic image, usually no larger than 1 pixel by 1 pixel, that is placed on a website or in an email that is used to monitor the behavior of the user visiting the website or sending the email. We may use web beacons and/or pixel tags for many purposes, including site usage analytics, advertising, user management, auditing and reporting, and content and advertising personalization.
ACCOUNT TERMINATION AND DELETION
If for any reason You terminate Your user account with us, we will destroy active records containing Your Personal Data as soon as reasonably possible. “Reasonably” here means no more than thirty business days from the termination of the account; however, we may have to retain some information for a longer period as legal records or for auditing purposes, as we need to retain data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.
If You are a resident or citizen of a country where the GDPR applies, and ask us to delete Your account, we will remove Your Personal Data from our Service, and then from our records in accordance with our data deletion cycle, except that we may retain Personal Data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.
If we terminate Your license to use the Service, we may retain enough information to prevent You from signing up for the Service in the future.
USE OF LOCATION-BASED SERVICES
Journey, The Antidote Within may receive location data from entities like Facebook and Vcita, and can collect, use, transmit, process and maintain such location data, with other Personal Data we have collected from you. You hereby confirm that Journey, The Antidote Within’s collection, use, transmission, processing and maintenance of such location data to provide such services is permitted and consented to.
VIOLATIONS OF THE AGREEMENT
Journey, The Antidote Within reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.
CHANGES TO THE AGREEMENT
We may change this Agreement from time to time and without prior notice. If We make a change to this Agreement, it will be effective as soon as We post it, and the most current version of this Agreement will always be posted on our TOS page. If We make a material change to the Agreement, We will notify You. You agree that You will review this Agreement periodically. By continuing to access and/or use the Sites after We post Updated Terms, You agree to be bound by the Updated Terms, and if You do not agree to the Updated Terms, You will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
As We continue to develop our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets and accordingly, user information, including Personal Data collected from You through Your use of the Service, could be included in the transferred assets. If Journey, The Antidote Within or any subsidiary thereof is acquired by, or merged with, any other entity, We reserve the right to assign or transfer any information that We have collected. Further, if we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, it is probable that user information, including Personal Data collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Service. or any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors' rights, Your information might be transferred or disclosed to third parties.
GENERAL
Our TOS includes Our Privacy Policy and they collectively constitute the entire agreement between You and Journey, The Antidote Within, govern Your use of the Services and completely replace any prior agreements between You and Journey, The Antidote Within in relation to the Services. You may also be subject to additional terms and conditions that may apply when You use affiliate services, third-party content, or third-party software. If any part of our TOS or the privacy policy included therein is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The delay or failure of Journey, The Antidote Within to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.