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Privacy Policy

This Privacy Policy requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limits the remedies available to you in the event of a dispute. You fully understand and agree that by using our Website and its Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Please read this Privacy Policy carefully before using this Website.

Privacy Policy Consent

The Website and its Content is owned by Tough Roots LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of toughrootswellness.com (“Website”).

This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) provided to us or otherwise used to access this Website.

Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let you know via email and / or a prominent notice on our Website.

Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy.  By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.

Information We May Collect

We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content.   Examples of the information we may collect include the following:

  1. An email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing the email address to our contact forms.
  2. Billing information including name, address, and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
  3. A name and an email address if you complete our contact form with a question. We may send you marketing emails based on this information, either with your consent or if we believe we have a legitimate interest to contact you based on your question or other information provided in the contact form.

Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at katie@toughrootswellness.com, however, doing so will mean that we will not be able to provide any services or products to you which require use of such Personal Information, including information for payment purposes.

If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.

Other Information We May Collect

  • Anonymous Data Collection and Use

To maintain our Website’s high quality, we may use your IP address and other information about the computer or other device you use to access the Website. We use this information to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.

  • Use of “Cookies”

We may use the standard “cookies” feature of major web browsers. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.

What We Do with Information We Collect

  • Contact You or Provide Services to You

We may contact you with information that you provide to us for the following purposes:

  1. Consent. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
  2. Contract.  We will contact you under our contractual obligation to deliver goods or services you purchase from us.
  3. Legitimate Interest.  We may contact you if we feel you have a legitimate interest in hearing from us.  For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar.  You will always have the option to opt out of any of our emails.
  4. Process Payments

We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We process payments using a third party payment processor, and use of any payment service is subject to the terms and conditions of that service provider.

  • Share with Third Parties

We may share your information with third parties who provide services to us, such as our email newsletter provider or our payment processor to process payments.

Viewing by Others

If you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting on our social media pages, sharing details on a group coaching call, etc.).

Submission, Storage, Sharing and Transferring of Personal Data

For users in the European Union, please be aware that we store and transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to this storage and transfer in accordance with this Privacy Policy.

Confidentiality

We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.

Unsubscribe

You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at katie@toughrootswellness.com.

Third Party Websites

We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.

Children’s Online Privacy Protection Act Compliance

We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.

Notification of Changes

We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy.  Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.

Data Controller and Processors

We are the data controllers as we are collecting and using your Personal Data.  We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR-compliant.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your concerns to Tough Roots LLC via e-mail in attempt to resolve the situation prior to resorting to arbitration. By agreeing to this Privacy Policy, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Sheridan County, Wyoming, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement. These Terms shall be construed according to the laws of the State of Wyoming. If these Terms or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the Terms which shall be given full force and effect.

If you have any questions about this Privacy Policy, please contact us at katie@toughrootswellness.com. Our preferred mailing address is Tough Roots LLC, 1309 Coffeen Ave, Suite 1200, Sheridan WY 82801.