Privacy Policy
This privacy policy the (“Privacy Policy”) sets out how Darcy Luoma Coaching & Consulting, LLC, a Wisconsin limited liability company (“DLCC”) uses and protects any information that you give DLCC when you use this website (collectively, all pages, locations, and affiliated sites, the “Website”), and also governs your use of the Website. “Affiliates” means any person, entity, or other form of enterprise that directly or indirectly controls, is controlled by, or is under common control with, a party, where “control” means the possession, directly or indirectly through one or more intermediaries, of power to direct, or to cause the direction of, the management or affairs of such entity, whether through ownership interests, contract, voting trust or otherwise.
Agreement Between User and DLCC
The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.
Modification of Terms of Use or Privacy Policy
DLCC reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to changes associated with the use of the Website, the Terms of Use applicable to any product or service offered by DLCC or any of its Affiliates, or the Privacy Policy. Modifications will be posted on the Website from time to time.
Links to Third Party Sites
The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of DLCC and DLCC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DLCC is not responsible for webcasting or any other form of transmission received from any Linked Site. DLCC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DLCC of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to DLCC that you will not use the Website for any purpose that is unlawful or prohibited by these terms or any other terms on the Website. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Liability Disclaimer
IN ADDITION TO AND WITHOUT LIMITING ANY DISCLAIMER OR LIMITATION OF LIABLITY THAT IS INCLUDED IN OR LINKED TO ON THE WEBSITE, THE FOLLOWING DISCLAIMERS APPLY: ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DLCC AND/OR ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DLCC AND/OR ITS AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DLCC AND/OR ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DLCC OR ANY OF ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THE TERMS OF THIS PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT (I) DLCC DOES NOT PROVIDE HEALTH (INCLUDING MENTAL HEALTH), MEDICAL, PERSONAL FITNESS, INVESTMENT ADVICE, RECOMMENDATIONS, OR STRATEGY; (II) YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR AND YOUR EMPLOYEES’ OR AGENTS’ ACTIONS AND ANY ACTIONS OF ANY PERSONS ACCESSING OR USING THE WEBSITE OR ANY DLCC PRODUCTS OR SERVICES ARE IN COMPLIANCE WITH LAWS, REGULATIONS, OR REGULATORY GUIDANCE; AND (III) DLCC SHALL NOT BE LIABLE FOR ANY ACTION, OMISSION, INVESTMENT RECOMMENDATIONS/DECISION, OR LOSS OF REVENUE OR PROFIT ARISING FROM OR RELATED TO THE WEBSITE OR ANY DLCC PRODUCTS OR SERVICES.
Termination/Access Restriction
DLCC reserves the right, at its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Privacy Policy is governed by the laws of the State of Wisconsin, U.S.A. in all matters or disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DLCC as a result of this Privacy Policy or use of the Website. DLCC’s performance of this Privacy Policy is subject to existing laws and legal process, and nothing contained in this Privacy Policy is in derogation of DLCC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by DLCC with respect to such use. A printed version of this Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright
All contents of the Website are: Copyright © 2020-2024 DLCC and, as applicable, its Affiliates or suppliers. All rights reserved. Nothing in this Privacy Policy or the site transfers, licenses, or otherwise alters any intellectual property right of DLCC or its Affiliates.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved. Any use of the Website is subject to this Privacy Policy.
Scope
This Privacy Policy applies to DLCC and any Third Party with whom we share or collect Personal Information (as defined below). “Third Party” refers to Affiliates, agents, vendors, suppliers, subcontractors, or independent contractors, as well as any other third party with whom we share information. By submitting information to us or accessing our Website, you agree to our collection and use of your information as described in this Privacy Policy as may be amended from time to time. These terms are in addition to, but are not limited by, any other terms agreed to by the parties or applicable to third-party products, services, or sites.
Collection of Your Personal Information
Personal Information is information that relates to you and identifies or can be used to identify you. This information includes your name, billing address, social security number, driver’s license number, credit card number, bank account number, email address, and credit information. DLCC may collect Personal Information for those purposes specified in this Privacy Policy, as well as for other purposes as otherwise permitted by law.
We may collect Personal Information through our Website (including without limitation through online forms or submission applications), a business office, over the phone, or online. You may choose to provide this information to us through a number of interactions such as by:
- Ordering a product or service from us
- Sending us an email
- Registering to receive information about our products or services
- Applying for a job or other application; or
- Entering a contest or promotion.
We may also collect this information about you from trusted agents who are authorized to sell our products and services, or from employees of our Affiliates. For training, quality assurance, or other purposes, we may also monitor or record our calls with you.
As part of network operations and when you visit the Website, we may automatically collect certain information such as your domain type, your IP address, or click stream information to gauge the effectiveness of our Website or other sites, improve our online operations, enhance your online experience with customized content, and focus our marketing efforts to better meet the needs of our customers. We may store small data files known as cookies, or other similar technologies, on your computer or mobile browser when you visit our Website. Cookies allow DLCC to personalize your service by collecting and storing information that will identify you when you visit a Website. Cookies also allow us to collect ‘Website usage’ information when you visit our Website, including IP address, Web browser and operating system types, Web pages visited on our Website, time spent on our Web pages, and return visits to our Website. We may combine the Website usage information with your Personal Information in order to provide a more customized online experience to you and to provide advertising about goods and services that may be of particular interest to you. We may ask Third Parties to place advertisements about our products and services on sites that are not operated by DLCC. These Third Parties may use technologies such as cookies, web beacons, and similar technologies to collect, store and read information on your computer or mobile browser when you visit one of their websites. DLCC may track user click stream information when you view our advertising on these websites.
You may be able to disable cookies on your computer; however if you do so, you may limit your experience on that Website, including finding pricing and availability of products and services in your area from our Website. You can set your browser to delete cookies or to tell you before you accept one. Look in your browser’s Options or Preferences menu.
DLCC is not responsible for the practices, including the use of cookies, employed by Websites linked to or from our Website or for the content contained therein. The other Websites and services you are able to access on the Internet are outside the control and limits of this privacy policy.
Use of Your Personal Information
We may use your Personal Information to provide you with and manage the products or services you request, communicate with you to maintain good customer relations or to suggest new products or services that may be of interest to you, personalize the content we deliver, conduct industry or consumer surveys, manage, improve and troubleshoot our network and services, enforce any contract with you, or for any purpose otherwise permitted or required by law.
When you want to set up an account with DLCC, in order to determine your credit worthiness, we may use some of your Personal Information to request a credit report from a credit-reporting agency.
DLCC uses the information collected on its Website to provide you with the information you requested. When you use our Website to order products or services, or to request information about them, we may use the information we have about you as we would use the same information obtained offline – for example, to evaluate your service needs and contact you regarding additional services you may find useful. You may also submit applications for employment online, and we will use the information you provide to consider you for employment.
There may be instances when DLCC may access or disclose Personal Information without notice or your consent in order to: (i) protect or defend the legal rights or property of DLCC, our Affiliates or our/their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of customers or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process such as a subpoena.
DLCC may share or sell information we have collected about you, including information that has been anonymized or aggregated in a manner that renders it unidentifiable with you, to Third Parties for marketing, research and other purposes.
If we obtain Personal Information from a Third Party, our use of that information is also governed by this Privacy Policy.
Collection and Use of Children’s Personal Information
DLCC’s Website and services are intended for general audiences and is not directed to children under 13. DLCC does not knowingly collect, maintain or process Personal Information, or any information, submitted by children under the age of 13. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information. If you become aware that a child has provided us with personal information without parental consent, please contact us through the contact section of this Website, or otherwise.
Sharing of Your Personal Information
DLCC may share Personal Information for purposes permitted by law without your consent such as to help initiate, render, bill, and collect for its products and services.
Your Personal Information may be shared with Affiliates and Third Parties for the purposes of marketing our products and services. If DLCC sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, DLCC may transfer your Personal Information to the party or parties involved in the transaction as part of that transaction.
Accessing Your Personal Information
DLCC takes reasonable measures to assure that the Personal Information we use about you is accurate, complete, and up-to-date. We may make good faith efforts to provide you with access to your Personal Information either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.
We may decline to process requests for information that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Communication Preferences
If you do not want DLCC to use your Personal Information to contact you for marketing or solicitation purposes (excluding notices about your existing account), you may request that such contact cease. When writing to us, please specify which contact methods (phone calls, mail, bill inserts, or email messages) you would prefer that we do not use to communicate to you for the purposes outlined above. Keep in mind that restricting contact methods may make it more difficult for us to keep you informed about new products and services that can be of benefit to you. You can revoke these options at any time by contacting us and clearly communicating your revocation.
These choices do not apply to the display of online advertising or the receipt of mandatory service communications that are considered part of certain DLCC services, which you may receive periodically unless you cancel the service.
If you request to not be contacted by phone for marketing or sales purposes, please note that the DLCC Do Not Call List restricts these types of phone contacts from DLCC only, so you may continue to receive calls from other companies. If you would like to add your number to the National Do Not Call List, you may do so by calling 1-888-382-1222 or going online at www.donotcall.gov.
Security of Your Personal Information
DLCC takes security safeguards it deems reasonable to protect against such risks as loss or unauthorized access, destruction, use, modification, or disclosure of Personal Information.
We generally restrict access to Personal Information to DLCC employees, employees of our Affiliates, and authorized Third Parties who need to know that information in order to operate, develop or improve our services. These individuals may subject to confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Because, however, no security system can be perfect or impregnable, we do not and cannot guaranty the security of data or information. The limitations of liability set forth above and in our Disclaimer and Terms of Service apply, for avoidance of doubt, to any disclosure of information not otherwise protected by law or separate contract.
Indemnity
You agree to defend, indemnify and hold harmless DLCC and its members, subsidiaries and affiliates, and their respective owners, members, employees, agents, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney fees and costs) arising out of your use of the Website, your breach or alleged breach of any of the terms of this Privacy Policy, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our services and customer feedback. We encourage you to periodically review this Privacy Policy to be kept informed about DLCC ‘s privacy practices.
Contacting Us
DLCC welcomes your comments regarding this Privacy Policy. If you have questions about this Privacy Policy or believe that we have not adhered to it, please contact us at dlcc@darcyluoma.com.