Effective: January 18, 2021
Thank you for using Lifestyle Prescriptions® University!
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST LIFESTYLE PRESCRIPTIONS® UNIVERSITY. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.
Using Lifestyle Prescriptions® University
Who May Use our Services
You may use our Services only if you can form a binding contract with Lifestyle Prescriptions® University, and only in compliance with these Terms and all applicable laws. When you create your Lifestyle Prescriptions® University account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Lifestyle Prescriptions® University, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
Changes to Content Offerings
Lifestyle Prescriptions® University offers courses and content (“Content Offerings”). While we seek to provide world-class Content Offerings, unexpected events do occur. Lifestyle Prescriptions® University reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with its Policies. Content Offerings are subject to the Disclaimers and Limitation of Liability section.
The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like (“User Content”), with Lifestyle Prescriptions® University, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share.
How Lifestyle Prescriptions® University and Others May Use User Content
To the extent that you provide User Content, you grant Lifestyle Prescriptions® University a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights Lifestyle Prescriptions® University may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of Conduct.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Lifestyle Prescriptions® University does not waive any rights to use similar or related Feedback previously known to Lifestyle Prescriptions® University, developed by our employees, contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, Lifestyle Prescriptions® University cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected]
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Lifestyle Prescriptions® University cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Lifestyle Prescriptions® University disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.
Copyright and Trademark
Lifestyle Prescriptions® University respects the intellectual property rights of our users and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Lifestyle Prescriptions® University copyright and trademark Policy below in accordance with applicable law, including the Digital Millennium Copyright Act.
Lifestyle Prescriptions® University is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
Paid Services from Lifestyle Prescriptions® University
Lifestyle Prescriptions® University offers paid Services (e.g., course certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for Lifestyle Prescriptions® University and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Lifestyle Prescriptions® University reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy below.
Modifying or Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Lifestyle Prescriptions® University may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Lifestyle Prescriptions® University, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Lifestyle Prescriptions® University Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
THE INFORMATION PROVIDED ON THE LIFESTYLE PRESCRIPTIONS® UNIVERSITY WEBSITE IS FOR EDUCATIONAL PURPOSES AND TO BE USED AS GENERAL INFORMATION ONLY. BEFORE MAKING ANY HEALTH DECISION ALWAYS SEEK PROFESSIONAL ADVICE AS APPROPRIATE. NO DIAGNOSIS, THERAPY OR ANY FORM OF TREATMENT WILL BE PROVIDED. BY ACCESSING THIS WEBSITE YOU AGREE TO ASSUME AND ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL RISKS ASSOCIATED WITH VIEWING AND USING INFORMATION PROVIDED ON THIS WEBSITE.
THE INFORMATION PRESENTED ON THIS WEBSITE IS NOT INTENDED TO REPRESENT OR BEING USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR PSYCHOLOGICAL DISORDER. ALL VIDEOS AND MATERIALS ON THIS WEBSITE ARE NOT A SUBSTITUTE FOR MEDICAL OR PSYCHOLOGICAL TREATMENT.
BY USING THIS WEBSITE OR ACCESSING ANY EVENT OR PRODUCT YOU AGREE TO ASSUME AND ACCEPT FULL RESPONSIBILITY FOR YOUR ACTIONS AND ANY AND ALL RISKS AS A RESULT OF VIEWING THIS WEBSITE. YOU UNDERSTAND THAT YOUR CHOICE TO USE ANY TRADITIONAL OR COMPLIMENTARY MODALITY FEATURED ON THIS WEBSITE IS OF YOUR OWN FREE WILL AND NOT SUBJECT TO ANY OUTSIDE PRESSURE. ANY STORIES OR TESTIMONIALS PRESENTED ON THIS WEBSITE DO NOT CONSTITUTE A WARRANTY, GUARANTEE, OR PREDICTION REGARDING THE OUTCOME OF AN INDIVIDUAL USING HEALTH COACHING FOR ANY PARTICULAR ISSUE AND ARE THE OPINION OF THE AUTHOR.
LIFESTYLE PRESCRIPTIONS UNIVERSITY STAFF, FACULTY AND ITS ASSOCIATES AND PARTNERS ACCEPT NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE USE OR MISUSE OF THE INFORMATION CONTAINED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ARTICLES, VIDEOS, COURSES, TRAININGS AND RELATED ACTIVITIES. WHILE ALL MATERIALS AND LINKS TO OTHER RESOURCES ARE POSTED IN GOOD FAITH, THE ACCURACY, VALIDITY, EFFECTIVENESS, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION HEREIN, AS WITH ANY PUBLICATION, CANNOT BE GUARANTEED. WE STRONGLY ADVISE THAT YOU SEEK PROFESSIONAL ADVICE AS APPROPRIATE BEFORE MAKING ANY HEALTH DECISION.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE LIFESTYLE PRESCRIPTIONS® UNIVERSITY PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LIFESTYLE PRESCRIPTIONS® UNIVERSITY PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
YOU RECOGNIZE AND AGREE THAT WE (AND OUR AFFILIATES AND PARTNERS) HAVE MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS OR GUARANTEES WHATSOEVER TO YOU ABOUT POTENTIAL CLIENTS OR EARNINGS, OR THAT YOU WILL EARN A CERTAIN AMOUNT OF MONEY WHILE USING LPTV PRODUCTS OR TRAININGS. ANY AND ALL CLAIMS OR REPRESENTATIONS AS TO INCOME OR EARNINGS (WHETHER MONETARY OR OTHERWISE) ARE NOT TO BE CONSIDERED AS “AVERAGE EARNINGS”. THEY HAVE BEEN MERELY EXAMPLES REPORTED BY LPTV STUDENTS AND AS COMMON SENSE SUGGEST ARE DEPEND ON EACH STUDENTS ABILITY TO FOLLOW THE PLAN, TAKE ACTIONS AND PUT TIME AND ENERGY INTO MAKING A NEW BUSINESS A SUCCESS.
Limitation of Liability
LIFESTYLE PRESCRIPTIONS UNIVERSITY WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE:
– TO THE EXTENT THAT THE WEBSITE IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS;
– FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR
– FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF LIFESTYLE PRESCRIPTIONS UNIVERSITY HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
NOTHING IN THIS WEBSITE DISCLAIMER WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT; AND NOTHING IN THIS WEBSITE DISCLAIMER WILL EXCLUDE OR LIMIT LIFESTYLE PRESCRIPTIONS UNIVERSITY LIABILITY IN RESPECT OF ANY:
– DEATH OR PERSONAL INJURY CAUSED BY LIFESTYLE PRESCRIPTIONS UNIVERSITY ’S NEGLIGENCE;
– FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF LIFESTYLE PRESCRIPTIONS UNIVERSITY ; OR
– MATTER WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR LIFESTYLE PRESCRIPTIONS UNIVERSITY TO EXCLUDE OR LIMIT, OR TO ATTEMPT OR PURPORT TO EXCLUDE OR LIMIT, ITS LIABILITY.
BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE. YOU ACCEPT THAT, AS A LIMITED LIABILITY ENTITY, LIFESTYLE PRESCRIPTIONS UNIVERSITY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST LIFESTYLE PRESCRIPTIONS UNIVERSITY OFFICERS OR EMPLOYEES IN RESPECT OF ANY LOSSES YOU SUFFER IN CONNECTION WITH THE WEBSITE. WITHOUT PREJUDICE TO THE FOREGOING PARAGRAPH, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER WILL PROTECT LIFESTYLE PRESCRIPTIONS UNIVERSITY OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS LIFESTYLE PRESCRIPTIONS UNIVERSITY . IF ANY PROVISION OF THIS WEBSITE DISCLAIMER IS, OR IS FOUND TO BE, UNENFORCEABLE UNDER APPLICABLE LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THIS WEBSITE DISCLAIMER. TO REACH US VIA MAIL, EMAIL OR PHONE PLEASE CLICK HERE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIFESTYLE PRESCRIPTIONS® UNIVERSITY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE LIFESTYLE PRESCRIPTIONS® UNIVERSITY PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL LIFESTYLE PRESCRIPTIONS® UNIVERSITY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY LIFESTYLE PRESCRIPTIONS® UNIVERSITY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the Lifestyle Prescriptions® University Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Venue
The Services are managed by Lifestyle Prescriptions® University, which is located at 1740 Dell Range Blvd., Suite 181, 82009 Cheyenne, WY. You agree that any dispute related to these Terms will be governed by the laws of the State of Wyoming, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and Lifestyle Prescriptions® University will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Cheyenne County, Wyoming as the legal forum for any such dispute.
Binding Arbitration and Class Action Waiver
You and Lifestyle Prescriptions® University agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).
Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org or by calling (800) 778-7879, and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision.
A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the Cheyenne County, Wyoming and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.
Neither you nor Lifestyle Prescriptions® University may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Lifestyle Prescriptions® University individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.
A court may severe any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.
THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR LIFESTYLE PRESCRIPTIONS® UNIVERSITY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at www.dca.ca.gov.
Acceptable Use Policy
Our mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user’s access to all or part of the Services. You are prohibited from using our Services to share content that:
- Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that users who are as young as 13 use Lifestyle Prescriptions® University, and we do not allow content that is inappropriate for these younger users.
- Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
- Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
- Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Please note that specific Content Offerings may have additional rules and requirements.
You also aren’t allowed to:
- Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone besides yourself access your account, or do anything that might put your account at risk.
- Attempt to access any other user’s account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Use our Services or any functionality of the Lifestyle Prescriptions® University platform for anything other than for completing online courses or for pedagogical purposes.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
Copyright & Trademark Policy
Lifestyle Prescriptions® is a registered trademark (since 2013) and internationally used and owned by the Lifestyle Prescriptions® University and may not be used without prior approval by the Lifestyle Prescriptions® University..
Lifestyle Prescriptions® University respects the intellectual property rights of our instructors, users, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Lifestyle Prescriptions® University platform infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
- the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the platform are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Lifestyle Prescriptions® University to locate the material on the platform;
- the name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material 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 complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
- via mail: Lifestyle Prescriptions University, 1740 Dell Range Blvd., Suite 181, Cheyenne, WY 82009, USA
- via email: [email protected]
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Lifestyle Prescriptions® University also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Lifestyle Prescriptions® University in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at [email protected], and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Our main goal is that all our students and members are 100% satisfied with their product purchases, courses, trainings and memberships. Our aim is to provide you with the best service and support humanly possible. Therefore if there is any dispute or disagreement please contact us to find an amicable solution. Unless specifically noted on a course or product pages we offer the following refund possibilities:
- Lifestyle Prescriptions® Individual Courses: 30 days money back guarantee
- Certification Training: 7 days money back guarantee (no refund possible once the Organ-Mind-Brain Chart Set shipping address has been confirmed and the charts have been shipped).
- Degree Programs: See LPU student catalog
- ThermoBuzzer System: See product page
No refunds or payment cancellations are possible after the initial refund period. No refunds are given for completed payments except required by law.
Past due accounts are subject to collection procedures or submission to a collection agency. Delinquent accounts may be subject to additional collection charges and interest from the date of debt. If payments are past due more than 60 days and we’ve received no response from you or your payment method has not been updated we’ll send the open invoice to our collection agency.
Please talk to us to make amicable arrangements. We want to help you succeed and will be flexible and help you wherever we can.
Lifestyle Prescriptions University reserves the right to cancel any course or training with insufficient enrolment or for reasons beyond our control. A cancelled course or training results in a full refund of tuition and course fees. If a course or training has commenced then a percentage of the tuition will be refunded (based on how much percentage of the training has been taught already). Lifestyle Prescriptions University may remove or update videos or articles or members content as necessary.
All users participating in Content Offerings must agree to abide by the following code:
- I will register for only one account, unless expressly permitted to register for additional accounts by Lifestyle Prescriptions® University.
- My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration) as specified in the Lifestyle Prescriptions® University Plagiarism Policy.
- I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
- I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.
Any violation of this code may result in your access to all or part of the Services being suspended, disabled, or terminated.
- Lifestyle Prescriptions® University, is the data controller of the personal information we collect about you (i.e., the entity that determines the means and purposes of collecting, using, and disclosing the personal information).
- We collect the personal information set out in the “What Information We Collect” section of this Privacy Notice below, including account registration details such as name and email, details of Content Offerings you undertake, survey information (where you provide it), identity verification data, and information about your use of our site and Services.
- We use your personal information for the purposes set out in the “How We Use the Information” section of this Privacy Notice below, including providing our site and Services to you, ensuring the security and performance of our site, conducting research relating to Content Offerings, direct marketing, and performing statistical analysis of the use of our site and Services.
- You have a number of rights that you can exercise in relation to our use of your personal information, as set out in the “Updating or Deleting Your Personally Identifiable Information” section of this Privacy Notice below.
You can find information about us and how we collect, use and store your personal data in each section of this Privacy Notice:
Purpose and who we are
What Information this Privacy Notice Covers
This Privacy Notice covers information we collect from you through our Site. Some of our Site’s functionality can be used without revealing any Personal Data, but for features or Services related to the Content Offerings, Personal Data is required. In order to access certain features and benefits on our Site, you may need to submit, or we may collect, “Personal Data” (i.e., information that can be used to identify you and which may also be referred to as “personally identifiable information” or “personal information”). Personal Data can include information such as your name, email address, IP address, and device identifier, among other things. You are responsible for ensuring the accuracy of the Personal Data you submit to Lifestyle Prescriptions® University. Inaccurate information may affect your ability to use the Site, the information you receive when using the Site, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.
What You Agree to by Using Our Site
We consider that the legal basis for using your personal information as set out in this Privacy Notice are as follows:
- our use of your personal information is necessary for complying with our legal obligations; or
- use of your personal information is necessary for our legitimate interests or the legitimate interests of others. Our legitimate interests are to:
- run, grow and develop our business;
- operate our Site and provide our Services;
- select appropriately skilled and qualified suppliers;
- build relationships with partners and academic institutions;
- carry out research and statistical analysis;
- carry out marketing and business development; and
- for internal administrative and auditing purposes.
- consent, to send you certain communications or where you submit certain information to us, or where required to rely upon consent by local law.
Which legal basis applies to a specific activity will depend on the type of personal information used and the context in which it is being used.
If we rely on our (or another party’s) legitimate interests for using your personal information, we will undertake a balancing test to ensure that our (or the other party’s) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information.
We may process your personal information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time as described below).
If we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent by visiting your profile page and clicking the box to remove consent and we will stop doing so. If you withdraw your consent, this may impact the ability for us to provide some of our Services to you.
What Information We Collect
We gather two types of information about users through the Site:
- Personal Data provided directly by you or via third parties. We collect Personal Data that you provide to us when you register for an account, update or change information for your account, purchase products or Services, complete a survey, sign-up for email updates, participate in our public forums, send us email messages, and/or participate in Content Offerings or other Services on our Site. We may use the Personal Data that you provide to respond to your questions, provide you the specific Content Offering and/or Services you select, send you updates about Content Offerings or other Lifestyle Prescriptions® University events, and send you email messages about Site maintenance or updates.
- Account Registration. If you register for an account on our Site, you may be required to provide us with Personal Data such as your name and email address.
- Updates. Lifestyle Prescriptions® University may offer you the ability to receive updates either via email or by posting on portions of the Site only accessible to registered users. In order to subscribe to these Services, you may be required to provide us with Personal Data such as your name and email address.
- Participation in Content Offerings. Lifestyle Prescriptions® University offers users the opportunity to participate in Content Offerings on or through the Site. If you desire to participate in a Content Offering, you will be asked to provide us with certain information necessary to conduct such a Content Offering. This information may include, among other things, your name and email address.
If you participate in a Content Offering, we may collect certain user-generated content, such as assignments you submit, peer-graded assignments, and peer grading feedback. We also collect course data, such as responses to in-video quizzes, standalone quizzes, exams, and surveys. You should not include any Personal Data or other information of a personal or sensitive nature, whether relating to you or another person, on assignments, exams, or surveys, except for information required to participate in or submit such assignments, exams, or surveys.
- Identity Verification. Lifestyle Prescriptions® University may offer you the ability to verify your identity for select Services. In order to enroll for these Services, you may be required to provide us or our third-party identity verification vendor with Personal Data such as your name, address, date of birth, a headshot taken using a webcam, and a photo identification document. Additionally, if you apply for financial aid in connection with these Services, you may be required to provide information regarding your income.
- Communications with Lifestyle Prescriptions® University. We may receive Personal Data when you send us an email message or otherwise contact us.
- Third Party Sites. We may receive Personal Data when you access or log-in to a third party site, e.g., Facebook, from our Sites. This may include the text and/or images of your Personal Data available from the third party site.
- Surveys. We may receive Personal Data when you provide information in response to a survey operated by us.
- Partner sites. Partner sites providing Content Offering-related tools and services to Lifestyle Prescriptions® University users may collect nonfinancial individual-level user data regarding the individual’s use of that partner site while the partner sites provide those services to Lifestyle Prescriptions® University. The partner sites may share that data with Lifestyle Prescriptions® University for the purpose of improving our Services, the partner site’s services, and the individual’s education experience. This data includes information such as the amount of time spent on the partner site and pages viewed.
- Third Party Payment Processing. Lifestyle Prescriptions® University provides you with the ability to pay for Content Offerings and other Services using a credit card or other methods through a third party payment processing service provider. Please note that our service provider – not Lifestyle Prescriptions® University – collects and processes your financial information.
How We Use the Information
- Information relating to your use of our Site. We use information relating to your use of the Site to build higher quality, more useful Services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use this information to ensure the security of our Services and the Site.
- Personally Identifiable Information provided directly by you or via third parties. Except as set forth in this Privacy Notice or as specifically agreed to by you, Lifestyle Prescriptions® University will not disclose any of your Personal Data. In addition to the other uses set forth in this Privacy Notice, we may disclose and otherwise use Personal Data as described below.
- Providing the Site and our Services. We use Personal Data which you provide to us in order to allow you to access and use the Site and in order to provide any information, products, or Services that you request from us.
- Technical support and security. We may use Personal Data to provide technical support to you, where required, and to ensure the security of our Services and the Site.
- Updates. We use Personal Data collected when you sign-up for our various email or update services to send you the messages in connection with the Site or Content Offerings. We may also archive this information and/or use it for future communications with you, where we are legally entitled to do so.
- Forums. You should not post any personally identifiable information or other information of a personal or sensitive nature, whether relating to you or another person, within a Forum post. If you choose to post personally identifiable information, such personally identifiable information may be collected during your use of the Forums. We may publish this information via extensions of our platform that use third-party services, like mobile applications. We reserve the right to reuse Forum posts that contain personally identifiable information in future versions of the Content Offerings, and to enhance future Content Offerings. We may archive this information and/or use it for future communications with you and/or your designee(s), and/or provide it to the business partners, or the instructor(s) associated with the courses you have taken. We may also use or publish posts submitted on the Forums without using personally identifiable information.
- Participation in Content Offerings. We use the Personal Data that we collect from you when you participate in a Content Offering through the Site for processing purposes, including but not limited to tracking attendance, progress, and completion of the Content Offerings. We may also share your Personal Data and your performance in a given Content Offering with the instructor or instructors who taught it, with teaching assistants or other individuals designated by the instructor or instructors to assist with the creation, modification, or operation of the Content Offering. We may also use the information generated when taking a Content Offering or using the Services for predictive analysis of your performance in the Content Offerings. Also, we may archive this information and/or use it for future communications with you, where we are legally entitled to do so.
- Identity Verification. For Services that require identity verification, we may use the Personal Data that we collect for verifying your identity, and for authenticating that submissions made on the Site were made by you. This service may be provided through a third-party identity verification vendor. Your photo identification document will be deleted after successful verification of your profile information.
- Communications with or from Lifestyle Prescriptions® University. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Notice. We may also archive this information and/or use it for future communications with you where we are legally entitled to do so. Where we send you emails, we may track the way that you interact with these emails (such as when you open an email or click on a link inside an email). We use this information for the purposes of optimizing and better tailoring our communications to you.
- Disclosure to Lifestyle Prescriptions® University Operations and Maintenance Contractors. We use various service providers, vendors, and contractors (collectively, “Contractors”) to assist us in providing our Services to you. Our Contractors may have limited access to your Personal Data in the course of providing their products or services to us, so that we in turn can provide our Services to you. These Contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Site or the Content Offerings. Access to your Personal Data by these Contractors is limited to the information reasonably necessary for the Contractor to perform its limited function for us.
- Disclosure to Acquirers. Lifestyle Prescriptions® University may disclose and/or transfer your Personal Data to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business, or assets of Lifestyle Prescriptions® University to which your Personal Data relates.
- e-Readers. If we receive any Personal Data related to the extent to which you use designated e-Readers or other devices to access Lifestyle Prescriptions® University materials, we may archive it, and use it for research, business, or other purposes.
Retention of Personally Identifiable Information
We keep your Personal Data for no longer than necessary for the purposes for which the Personal Data is collected and processed. The length of time we retain Personal Data for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise, or defend our legal rights.
Confidentiality & Security of Personally Identifiable Information
We will use industry standard physical, technical, and administrative security measures to keep your Personal Data confidential and secure, and will not share it with third parties, except as otherwise provided in this Privacy Notice, or unless such disclosure is necessary in special cases, such as a physical threat to you or others, as permitted by applicable law. Because the Internet is not a 100% secure environment, we cannot guarantee the security of Personal Data, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mail communications are typically not encrypted and should not be considered secure.
Updating or Deleting Your Personal Data
You have certain rights in relation to your Personal Data. You can access your Personal Data and confirm that it remains correct and up-to-date, choose whether or not you wish to receive material from us or some of our partners, and request that we delete or provide you with a copy of your personal data by logging into the Site, selecting ‘Settings’ from the dropdown in the top right, and scrolling down to find the appropriate option.
If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via [email protected] If you reside or are located in the EEA, United Kingdom, Switzerland, or other region that offers similar protections, you have the right to request that we:
- provide access to any Personal Data we hold about you;
- prevent the processing of your Personal Data for direct-marketing purposes;
- update any Personal Data which is out of date or incorrect;
- delete any Personal Data which we are holding about you;
- restrict the way that we process your Personal Data;
- provide your Personal Data to a third party provider of services; or
- provide you with a copy of any Personal Data which we hold about you.
We try to answer every request promptly where possible, and provide our response within the time period stated by applicable law. Keep in mind, however, that when deleting your Personal Data there may be residual information that will remain within our databases, access logs, and other records, which may or may not contain your Personal Data. Please also note that certain Personal Data may be exempt from such requests in certain circumstances, which may include if we need to retain your Personal Data to comply with a legal obligation. When you email us with a request, we may ask that you provide us with information necessary to confirm your identity.
If you are a resident of California, please also see our CCPA Notice.
Questions, Suggestions, and Complaints
If you have any privacy-related questions, suggestions, unresolved problems, or complaints, you may contact us via [email protected] If you reside or are located in the EEA, United Kingdom, Switzerland, or other region that offers similar protections, our Data Protection Officer and Privacy Team may assist with all queries regarding our handling of Personal Data at [email protected] If you reside or are located in the EEA, United Kingdom, Switzerland, or other region that offers similar protections, you may also make a complaint to our supervisory body for data protection matters (namely the UK Information Commissioner’s Office or Dutch Autoriteit Persoonsgegevens) or seek a remedy through local courts if you believe that your rights have been breached.
Lifestyle Prescriptions University has assigned the following data protection officer. If you have questions or want to remove your personal information from our websites or have questions please contact: Johannes R. Fisslinger, 1740 Dell Range Blvd., Suite 181, Cheyenne, WY 82009, USA. Email [email protected] Phone +1 310 906-0366.
California Privacy Rights
Shine the Light
Shine the Light Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information, please send an email message to [email protected] with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
California Consumer Privacy Act
Under the California Consumer Privacy Act (“CCPA”), California residents have the right to know what personal information about them is collected, request deletion of their personal data, opt-out of the sale of their personal data, and not be discriminated against if they choose to exercise any of these rights. Lifestyle Prescriptions® University does not sell any of the data we collect about you. If you’d like to exercise any of the other rights afforded to you, log in to your Lifestyle Prescriptions® University account, select ‘Settings’ from the dropdown in the top right, and scroll down to find the appropriate option, or contact us at [email protected]
For more information about how we process the personal information of California residents and the rights that California residents have under the CCPA, please review our full CCPA Notice.
International Privacy Practices
Our Sites are primarily operated and managed on servers located and operated within the United States. In order to provide our products and Services to you, you may be sending your Personal Data outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Personal Data may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Data. We are committed to protecting the privacy and confidentiality of Personal Data when it is transferred. If you reside or are located within the EEA, United Kingdom, Switzerland, or other region that offers similar protections, and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EEA or other regions to the extent feasible under applicable law. We participate in and commit to adhering to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks when transferring data from the EEA or Switzerland to the United States. Please see our Privacy Shield Notice below for further information.
Changing Our Privacy Notice
Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Site. We will notify you of any material change to this Privacy Notice by posting a notice on our Site’s homepage for a reasonable period of time following such update or by sending an email to the email address associated with your user account, and by changing the effective date (located at the top and bottom of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Notice.
No Information from Children Under 13
Lifestyle Prescriptions® University strongly believes in protecting the privacy of children. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions. In line with this belief, we do not knowingly collect or maintain Personal Data on our Site from persons under 13 years of age, and no part of our Site is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Site at any time or in any manner. We will take appropriate steps to delete any Personal Data of persons less than 13 years of age that has been collected on our Site without verified parental consent upon learning of the existence of such Personal Data.
Privacy Shield Notice
Lifestyle Prescriptions® University, Inc. (referred to as “we,” “us,” or “our”), believes in protecting your privacy.
We participate in and commit to adhering to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks which includes the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement (the “Principles”) for all transfers of personal data from the EEA, Switzerland, or the United Kingdom to the U.S. To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website: https://www.privacyshield.gov/. When we use the term “Personal Information” in this Privacy Shield Notice, we are referring to any information that (i) is recorded in any form; (ii) is about an identified or identifiable individual; and (iii) is received by us from the EEA, Switzerland, or the United Kingdom.
When we use the term “Sensitive Personal Information” in this Privacy Shield Notice, we are referring to a particular subset of an individual’s Personal Information that provides details of his or her race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership or that concerns his or her health.
The purpose of this Privacy Shield Notice is to outline our general practices for implementing the Principles with respect to the Personal Information we collect. If you would like to obtain additional information regarding our privacy practices in connection with information collected on this website in general, please refer to our online Privacy Notice.
- Choice. We will offer you the opportunity to opt-out of your Personal Information (or to provide explicit consent for Sensitive Personal Information) being: (i) disclosed to a third party (other than a service provider as set forth below); or (ii) used for a purpose materially different from the purpose for which it was originally collected (as set out in our Privacy Notice), or subsequently authorized by you, when the circumstances arise. You also have the ability to opt out at any time from the use of your Personal Information for direct marketing purposes. To exercise this right, please check your settings options. If you have further questions related to the above, you can also contact us at [email protected]
Where we process personal data on behalf of our business partners, we will work with them to ensure you are offered appropriate choices (and means to exercise those choices) for limiting use or disclosure of your personal data (where appropriate).
Notwithstanding the foregoing, you agree that we may disclose Personal Information under the following circumstances without offering you an opportunity to opt out of such disclosure: (i) to our service providers that we have retained to perform requested Services on our behalf; (ii) if we are required to do so by law or legal process; (iii) pursuant to valid requests by law enforcement or other government authorities (which we are legally required to respond to); and (iv) when we believe disclosure is necessary to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. In addition, we reserve the right to transfer Personal Information in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use the Personal Information in a manner consistent with this Privacy Shield Notice.
- Onward Transfers (Transfer to Third Parties). We will only transfer Personal Information to third parties where the third party: (i) has provided satisfactory assurances to us that it will protect the Personal Information in accordance with this Privacy Shield Notice and the Principles; (ii) is located in the EU or a country considered “adequate” for privacy by the EU Commission, and therefore is required to comply with the EU data protection laws or substantially equivalent privacy laws; or (iii) has certified to Privacy Shield, and is independently responsible for complying with the Principles.
Where we have knowledge that a third party to whom we have provided Personal Information is processing that Personal Information in a manner contrary to this Privacy Shield Notice or the Principles, we will take reasonable steps to prevent or terminate processing by the third party until such time the third party can process Personal Information in compliance with this Privacy Shield Notice and the Principles. Under certain circumstances, we may be potentially liable if these requirements are not met.
- Data Security. We will take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure Personal Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
- Data Integrity and Purpose Limitation. We will process Personal Information in a manner that is compatible with and relevant to the purpose for which it was collected or authorized by you. To the extent necessary for those purposes, we will take reasonable steps to ensure that Personal Information is accurate, complete, current, and reliable for its intended use.
- Access. Upon request, we will provide you with reasonable access to the Personal Information about you that we hold. We will also take reasonable steps to correct, update, amend, or delete any information that is demonstrated to be inaccurate, except where the burden or expense of doing so would be disproportionate to the risks to your privacy in the case in question or where the rights of third parties would be violated. Where we process personal data on behalf of our business partners, we will work with them in complying with such requests in accordance with applicable law.
- Recourse; Enforcement. We will regularly review our compliance with the statements set forth in this Privacy Shield Notice, and we will provide an independent way to resolve complaints about our privacy practices. We encourage interested persons to first contact us (contact information provided below) and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles. If your inquiry is not satisfactorily addressed by us, we have registered with the International Centre for Dispute Resolution (“ICDR”), a division of the American Arbitration Association, to provide independent third party dispute resolution (free of charge) to you. To contact ICDR and/or learn more about the company’s dispute resolution services, including complaint submission, please visit: http://go.adr.org/privacyshield.html. There may also be circumstances when disputes can be resolved through the Privacy Shield binding arbitration process. Please see the Privacy Shield website for further information. For residents of Switzerland, the Swiss Federal Data Protection and Information Commissioner’s authority will replace that of the EU bodies. For residents of the United Kingdom, the Information Commissioner’s Office will serve this role.
- Jurisdiction. As part of our participation in Privacy Shield, we are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission and other authorized statutory bodies.
We may amend this Privacy Shield Notice from time-to-time in accordance with the requirements of the EU-U.S. or Swiss-U.S. Privacy Shield Framework. The most recent version of the Privacy Shield Notice will always be posted to this website. Anytime that we do make such changes, we will also update the effective date listed at the top of the Privacy Shield Notice. Please be sure to review the most recent version of the Privacy Shield Notice each time that you visit this website so that you are aware of how we collect, use, and retain personal information.
Please contact us with any questions or comments about this Privacy Shield Notice, transfer of your personal information from the EEA, Switzerland, or the United Kingdom to the U.S., our privacy practices, or your consent choices by email at [email protected]
California Consumer Privacy Act Notice
This notice addresses the specific disclosure requirements under the California Consumer Privacy Act of 2018 (“CCPA”). It is incorporated into the Lifestyle Prescriptions® University Privacy Notice and applies to personal information about California residents using our Site and Services (“Consumers,” “You,” or “Your”) that we collected over the previous 12 months. For purposes of the CCPA, personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
In the event of a conflict between this CCPA Notice and any of our other privacy notices, this CCPA Notice shall control only with respect to the personal information of California residents.
For more information about the data we collect and how we use it, please review our Privacy Notice.
Personal Information Purposes of Processing
This section describes the purposes for which we collect and use personal information. We collect and use personal information regarding California residents for the purposes described below:
- run, grow and develop our business;
- operate our Site and provide our Services;
- select appropriately skilled and qualified suppliers;
- build relationships with partners and academic institutions;
- carry out research and statistical analysis;
- carry out marketing and business development; and
- for internal administrative and auditing purposes.
We do not sell your personal information and we do not have actual knowledge that we sell the personal information of minors under 16 years of age. We may disclose personal information to other parties as follows:
We may disclose personal information to our service providers in order to have them perform services that assist us in fulfilling the purposes listed above. Our service providers provide us with a range of services including: hosting our Site, processing payments, legal and accounting professional services, postal and email delivery, conducting analysis to improve our products and Site, fulfilling requests you make, managing payments, and answering your questions. We don’t allow our service providers to retain, use, or otherwise handle the data we provide to them for their own purposes.
We may disclose personal information to our partners and service providers in order to audit interactions and transactions for legal compliance and other purposes.
We may disclose personal information to our service providers in order to improve our Site and Services, such as to identify bugs, repair errors, or ensure that services function as intended, or conduct internal research and analysis to improve our technology.
We may disclose personal information to third parties at your direction.
Personal Information Categories
Our Privacy Notice covers our personal information collection and usage more fully. The chart below describes the categories of personal information we collect and the sources from which we collect the personal information, organized into the categories specified by the CCPA.
Personal Information Category
Personal information described in Cal. Civ. Code §1798.80(e)(such as name, address, telephone number, education, employment history, credit card or debit card number)
Information you provide directly or through your interactions with our Services Information from our partners or customers
Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers)
Characteristics of protected classifications under California or Federal law (e.g., your gender or age) (“Characteristics of Protected Classifications”)
Information you provide to us directly
Commercial information (e.g., information regarding products or services purchased, obtained, or considered)
Information you provide to us directly, such as purchasing a standalone course or subscription Your interactions with our Site and Services Information from our partners and customers
Internet or Other Electronic Network Activity Information (e.g., browsing history, search history, and information regarding your interactions with our Services)
Your interactions with our Site and Services
Information you provide to us directly or through your interactions with our Site and Services
Professional or Employment-Related Information
Information you provide to us directly Information from our customers, partners, or your employer
Information you provide to us directly or through your interactions with our Site and Services Information from our partners and customers
Audio, electronic, visual or similar information
Information you provide directly or through your interactions with our Services, customers or partners
We use this personal information for the purposes outlined in our Privacy Notice.
California Residents’ Privacy Rights
California residents have rights to request access to or deletion of their personal information and may not be discriminated against because they exercise any of their rights under the California Consumer Privacy Act in violation of Cal. Civ. Code §1798.125. You can make requests as follows: (1) use our self-serve access and deletion tools available in your account settings or (2) send an email to [email protected] with details of your specific request. We may ask that you provide certain information to verify your identity, and the information we request from you will depend on your prior interactions with us and the sensitivity of the personal information at issue. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
You may designate an authorized agent to make a request under the CCPA on your behalf if: (1) the authorized agent is a natural person or a business entity registered with the Secretary of State of California; and (2) you sign a written declaration that you authorize the authorized agent to act on your behalf. We may ask that you provide certain information to verify your identity and that you authorized the authorized agent to act on your behalf. If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.
California residents also have the right to opt out of the sale of their personal information; Lifestyle Prescriptions® University does not provide this option as we do not sell your personal information. If you have any questions or concerns regarding this CCPA Notice, please email [email protected]
What are cookies
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Site or a third-party to recognize you and make your next visit easier and the Site more useful to you. Essentially, cookies are a user’s identification card for the Lifestyle Prescriptions® University servers. Web beacons are small graphic files linked to our servers that allow us to track your use of our Site and related functionalities. Cookies and web beacons allow Lifestyle Prescriptions® University to serve you better and more efficiently, and to personalize your experience on our Site.
Cookies can be “persistent” or “session” cookies.
When you use and access the Site, we may place a number of cookies files in your web browser.
We use both session and persistent cookies on the Site and we use different types of cookies to run the Site:
- Essential cookies. Necessary for the operation of the Site. We may use essential cookies to authenticate users, prevent fraudulent use of user accounts, or offer Site features.
- Analytical/performance cookies. Allow us to recognize and count the number of visitors and see how visitors move around the Site when using it. This helps us improve the way the Site works.
- Functionality cookies. Used to recognise you when you return to the Site. This enables us to personalise our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
- Targeting cookies. Record your visit to the Site, the pages you have visited, and the links you have followed. We will use this information to make the Site and the content more relevant to your interests. We may also share this information with third parties for this purpose.
In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Site and refine marketing efforts.
- Tracking cookies. Follow on-site behavior and tie it to other metrics allowing better understanding of usage habits.
- Optimization cookies. Allow real-time tracking of user conversion from different marketing channels to evaluate their effectiveness.
- Partner cookies. Provide marketing conversion metrics to our partners so they can optimize their paid marketing efforts.
What are your choices regarding cookies
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use some or all of the features we offer. You may not be able to log in, store your preferences, and some of our pages might not display properly.
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there is currently no industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.
Data Protection Addendum
“Data Protection Laws” means any laws and regulations in any relevant jurisdiction, relating to privacy or the use or processing of data relating to natural persons, including without limitation: (a) EU Regulation 2016/679 (“GDPR”) and any laws or regulations ratifying, implementing, adopting, supplementing, or replacing GDPR; and (b) the California Consumer Privacy Act of 2018 (“CCPA”) and any laws or regulations ratifying, implementing, adopting, supplementing, or replacing the CCPA; in each case, to the extent in force, and as such are updated, amended, or replaced from time to time.
“DP Regulator” means any governmental or regulatory body or authority with responsibility for monitoring or enforcing compliance with the Data Protection Laws. “Privacy Shield” means the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as administered by the U.S. Department of Commerce.
1.1 The terms “Data Subject”, “Data Controller”, “Personal Data” and “processing” shall have the meanings set out in in GDPR, except to the extent that any personal data or information applies to a California resident, in which case the equivalent and/or additional meanings (including for “Business”, “Service Provider”, and “Resident”) set out in the CCPA, shall apply.
1.2 The parties shall comply with the provisions and obligations imposed on them by the Data Protection Laws at all times when processing Personal Data in connection with this Agreement.
1.3 Each party shall maintain records of all processing operations under its responsibility that contain at least the minimum information required by the Data Protection Laws, and shall make such information available to any DP Regulator on request.
1.4 For avoidance of doubt, Lifestyle Prescriptions® University is the processor of the Personal Data you/your organization provides, in order to invite users to the Lifestyle Prescriptions® University platform (such as name and email address) or any additional profile information (such as title, team, manager, location, and others) that your organization may provide (collectively the “Invitation Data”). Lifestyle Prescriptions® University is the controller of user data, information that is confirmed, inputted, or generated by users on the Lifestyle Prescriptions® University platform.
(a) Lifestyle Prescriptions® University, in its capacity as a processor of Invitation Data, uses the following sub processors to carry out its processing activities: Siteground and Amazon S3 hosting.
(b) Your organization grants Lifestyle Prescriptions® University permission to use the above named sub-processors (that may change from time to time) in order to send invitation messages to the employees you designate to Lifestyle Prescriptions® University.
1.5 To the extent that Lifestyle Prescriptions® University (the “Receiving Party”) receives Invitation Data from the other party (the “Providing Party”), the Receiving Party, acting as a new Data Processor/Service Provider of such Invitation Data, shall:
(a) comply with the provisions and obligations imposed on it as a Data Processor/Service Provider by Data Protection Laws at all times;
(b) take reasonable steps to ensure the reliability of all its personnel who have access to such Invitation Data, and ensure that any such personnel are committed to binding obligations of confidentiality when processing such Invitation Data;
(c) implement and maintain technical and organizational measures and procedures to ensure an appropriate level of security for such Invitation Data, including protecting such Invitation Data against the risks of accidental, unlawful or unauthorized destruction, loss, alteration, disclosure, dissemination or access;
(d) not transfer such Invitation Data outside the European Economic Area unless in accordance with applicable Data Protection Laws and, as applicable, in accordance with;
(i) the Privacy Shield framework; or
(ii) Standard Contractual Clauses;
(e) inform the Providing Party within 48 hours of becoming aware that any such Invitation Data is (while within the Receiving Party or its sub-processor’ or affiliates’ possession or control) subject to a personal data breach (as defined in Article 4 of GDPR) or is lost or destroyed or becomes damaged, corrupted or unusable;
(f) provide to the Providing Party and any DP Regulator all information and assistance necessary or desirable to demonstrate or ensure compliance with the obligations in this clause and/or Data Protection Laws;
(g) notify the Providing Party within two (2) business days if it receives a request from a Data Subject to exercise their rights under the Data Protection Laws in relation to that Data Subject’s Invitation Data; and
(h) provide the Providing Party with its full co-operation and assistance in relation to any request made by a Data Subject to exercise their rights under the Data Protection Laws in relation to that Data Subject’s Invitation Data.
1.6 To the extent that a Receiving Party receives any Personal Data from the Providing Party, the Providing Party warrants and represents that is has the right under applicable Data Protection Laws to share such Personal Data with the Receiving Party and that, where applicable, it has obtained all necessary consents from the Data Subjects whose Personal Data is being shared to do so.
1.7 If either party receives any complaint, notice, or communication which relates directly or indirectly to the processing of Personal Data by the other party or to either party’s compliance with the Data Protection Laws, it shall as soon as reasonably practicable notify the other party and it shall provide the other party with reasonable co-operation and assistance in relation to any such complaint, notice or communication.
1.8 To the extent that a party is a Service Provider, as that term is defined in the CCPA, that party certifies that it shall not (a) sell the Invitation Data, (b) retain, use, or disclose the Invitation Data for any purpose other than for the specific purpose of performing its obligations under the Agreement, or (c) retain, use, or disclose the Invitation Data outside of the direct business relationship between the parties.
1.9 Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting.
STANDARD CONTRACTUAL CLAUSES (Processors)
For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection
Siteground, Amazing Hosting (the data exporter) and Lifestyle Prescriptions® University, Inc. Address: 1740 Dell Range Blvd #181, Cheyenne, WY 82009, United States. Phone: +1 310-906-0366, Email: [email protected] (the data importer) each a “party”; together “the parties”,
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.
For the purposes of the Clauses:
(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
(b) ‘the data exporter’ means the controller who transfers the personal data;
(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) ‘the subprocessor’ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
Third-party beneficiary clause
- The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
- The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
- The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
- The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.
Obligations of the data exporter
The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (i).
Obligations of the data importer
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
(d) that it will promptly notify the data exporter about:
(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,
(ii) any accidental or unauthorised access, and
(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(f) at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
(h) that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.
- The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.
- If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.
- If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.
Mediation and jurisdiction
- The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject: (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority; (b) to refer the dispute to the courts in the Member State in which the data exporter is established.
- The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Cooperation with supervisory authorities
- The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
- The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
- The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).
The Clauses shall be governed by the law of the Member State in which the data exporter is established, namely the location of the data exporter.
Variation of the contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
- The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor’s obligations under such agreement.
- The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
- The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely the location of the data exporter.
- The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.
Obligation after the termination of personal data processing services
- The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
- The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.
APPENDIX 1 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses and must be completed and signed by the parties
The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix
Data exporter The data exporter is: The Organization that will be using the data importer’s learning platform.
Data importer The data importer is: An online learning and training platform.
Data subjects The personal data transferred concern the following categories of data subjects: Employees or affiliates of the data exporter
Categories of data The personal data transferred concern the following categories of data: Primarily name and email address, potentially other fields such as employee ID to properly send invitations.
Special categories of data (if appropriate) The personal data transferred concern the following special categories of data: None
Processing operations The personal data transferred will be subject to the following basic processing activities: Inviting data subjects to the data importer’s platform.
APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses and must be completed and signed by the parties. Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c):
INFORMATION, PHYSICAL, AND ORGANISATIONAL SECURITY STANDARDS
Data Importer maintains a risk-based approach to security assessments and will provide adequate and appropriate administrative, physical, technical, and organizational safeguards to uphold the protection, confidentiality, integrity, availability, and security of information covered by these Standard Contractual Clauses. Data Importer will not materially decrease the security standards contemplated at the time of contracting.
Security measures will be designed to:
- deny unauthorized persons access to equipment used for processing personal data;
- prevent unauthorized reading, copying, modification, or removal of media containing personal data;
- prevent unauthorized input of personal data and unauthorized inspection, modification, or deletion of personal data;
- prevent use of automated data-processing systems by unauthorized persons;
- provide that persons authorized to use an automated data-processing system only have access to the personal data covered by their access authorization;
- enable Data Importer to verify and establish what personal data has been or may be transmitted or made available; and
- include commercially reasonable disaster recovery procedures to provide for the continuation of services under the Agreement and backup of personal data.
Where appropriate, data will be encrypted in transmission and at rest, using industry-standard cryptographic techniques and secure management of keys.
Data Importer will take reasonable steps to ensure the reliability of its employees and other personnel having access to personal data covered by these Standard Contractual Clauses, and will limit access to such data to those personnel who have a business need to have access to such data, and have received reasonable training regarding the handling of personal data and pursuant to relevant Data Protection Laws.
Contact: Lifestyle Prescriptions University, 1740 Dell Range Blvd., Suite 181, Cheyenne, WY 82009, USA, Email: [email protected]