Terms of Service
Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
• To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.It won’t affect the user’s experience that make your site experience more efficient and may not function properly.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
We have implemented the following:
• Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By logging in to your account
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 1 business day
We will notify the users via in-site notification
• Within 1 business day
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
Terms and Services
The terms and conditions below apply to all services (consulting, coaching, educational, etc.) as provided by Paolina Milana of Madness To Magic, to any individual or organization. In these terms (“the Terms”), “we”/“us”/“our” means Paolina Milana, and “your”/“your”/“yours” means you, the client. Purchasing any Services from us constitutes acceptance of the Terms. The Terms shall not be varied in any way whatsoever unless agreed in advance in writing between the parties. The term “coaching” as here used covers life coaching and educational services in the nature of workshops and courses for personal and professional development in the fields of career, self-help, and relationships. Services also extend to writing and business-related projects contracted for hire.
DEFINITIONS “Fee” means the sum payable by you to us for the Services. ”Services” means such coaching services (including but not limited to individual one-to-one sessions over Skype or telephone, and coaching programs made of numerous sessions) as requested by you. It also means such services related to writing, ghostwriting, marketing communications and other business-related projects. ”Session” means a coaching session (length of which is determined by individual’s needs).
1. Appointment
1.1 We agree to supply the Services to you and you agree to pay the Fee for the same subject to these Terms.
1.2 The exact date and time of our supply of the Services is agreed when you book one of the session slots in the Acuity Scheduling system, or both parties confirm a date and time via email.
1.3 The amount of the Fee shall be agreed in advance between the parties when you select one of the Services. By selecting a specific Service, you are agreeing to pay the Fee in full at booking or in instalments as stated in the booking form.
1.4 No variation to these Terms shall be binding unless agreed in writing and signed by both parties.
2. Independent contractor status
Paolina Milana is engaged as an independent contractor. Nothing herein will be deemed or construed to create an employer-employee, joint venture, partnership, or agency relationship between Paolina Milana and you for any purpose whatsoever.
3. Your Status
3.1 By purchasing Services from us, you warrant that: (i) You are legally capable of entering into binding contracts; and (ii) You are at least 18 years old.
3.2 You understand that your results are dependent on your actions. You enter into this agreement with the full understanding that you are wholly responsible for creating your own results.
3.3 You understand and agree that the Services provided by us are in no way to be construed as psychological counselling or therapy.
4. Our obligations
4.1 We shall strive to provide the Services in accordance with these Terms.
4.2 In the event that we cancel the Services or a Session, as applicable, for any reason, we shall offer you a new date for the Services or the Session and no additional Fee shall be payable by you or to you.
4.3 We acknowledge that anything you share with us is completely confidential. We undertake not to disclose any information you share with us in any session in any way whatsoever (unless in the unlikely event we are required to do so by law).
5. Your obligations
5.1 You shall: (i) co-operate with us as reasonably necessary in order to enable us to provide the Services; and (ii) notify us of if you have any special requirements relating to the Services prior to us providing the Services.
5.2 You understand that for our work to be effective it’s important for you to be as honest, open and at ease as possible.
5.3 You shall notify us if and when: (i) you say or do anything in a session that you don’t feel comfortable with; and (ii) you have any concern at all with the way we are working.
6. Payment
6.1 For all services and sessions payment of the Fee by you to us shall be by Paypal or card a minimum of 48 hours before your first Session.
6.2 Payment of all sums shall be made in US Currency through the ‘Buy now’ buttons on the appropriate Madness To Magic product page(s).
6.3 You understand and agree that, in the event that if you fail to comply with this Clause, we reserve the right to: (i) charge interest on any late payment in accordance with US Laws from (and including) the date on which payment was due until (and excluding) the date on which payment in full is made; and (ii) claim compensation for any reasonable debt recovery costs incurred by us from you should any action be undertaken to obtain settlement of the account.
7. Cancellation Policy
7.1 In the event you decide to cancel your Services and no longer wish to use them, the Fee is not refundable and you are still liable for the remainder payments if you purchased Services through installment payments. You do however have the right to transfer the Services to someone you know as long as you provide this notice to us in writing over email.
7.2 In the event that you notify us that you wish to postpone the Services or the Session prior to the time of commencement of the same, you shall do so 48 hours (2 business days) or more in advance of the next scheduled Session. If you notify us less than 48 hours (2 business days) in advance of the next scheduled Session, the Fee is not refundable.
7.3 In the event that you notify us that you wish to postpone the Services or the Session, you acknowledge and agree that we cannot guarantee to reschedule the same for your preferred date and time.
7.4 In the event that you notify us that you wish to postpone the Services or the Session, you acknowledge and agree that you have up to 60 days to use a one off coaching session, up to 90 days to use a three session pack, and up to 160 days to use a six session program.
8. Refunds Policy
8.1 You understand and agree that, in the event that if you are unhappy with any part of our services, you shall notify us within 48 hours of having had the Session.
8.2 In the event you wish to ask for a refund of that particular Session, you should give us a written notification within 48 hours of the Session outlining in 200 words or more your reason for dissatisfaction.
8.3 If a refund is granted, both parties have the right to terminate the coaching agreement from there onwards in writing, and we shall not be liable to you to provide any future Services and you shall not be liable for any future instalments due provided you no longer wish to have any more Sessions.
9. Limitation of liability
9.1 We shall not be liable to you (excluding for personal injury or death, fraud, or willful default) for any loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, and whether in tort (including without limitation negligence, contract or otherwise) that may result in connection with the Services.
9.2 Our liability to you shall at all times be limited to the amount paid, if any, by you for the Services.
10. Notices
All notices to be given under these Terms will be in writing (which may include email). Any notice given by email shall be deemed served when dispatched via standard US Postal Service delivery.
11. Force majeure
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to the Services, if the delay or failure was due to any cause beyond our reasonable control.
12. Waiver
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
13. Severability
If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
14. Entire agreement
These Terms together with our booking confirmation constitute the entire agreement between the parties and shall exclude of any other agreement, or understanding of any kind, whether oral or written, relating to the Services. That said, any additional contract for services or projects related to writing or business-related needs will be considered an amendment and addition to these Terms.
15. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with US law and the parties hereby agree to submit to the exclusive jurisdiction of the US courts.