Who we are

Our website address is: https://www.brandyvanderheiden.com.  It is Brandy’s policy to respect your privacy regarding any information collected while visiting this website.

 

What personal data we collect and why we collect it

 

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

 

Website Visitors

Like most website operators, Brandy Vanderheiden collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Brandy Vanderheiden’s purpose in collecting non-personally identifying information is to better understand how Brandy Vanderheiden’s visitors use its website.

Gathering of Personally-Identifying Information

Certain visitors to Brandy Vanderheiden’s websites choose to interact with Brandy Vanderheiden in ways that require Brandy Vanderheiden to gather personally-identifying information. The amount and type of information that Brandy Vanderheiden gathers depends on the nature of the interaction. For example, we ask visitors who sign up at brandyvanderheiden.com to provide a username and email address. Those who engage in transactions with Brandy Vanderheiden are asked to provide additional information, including as necessary the personal information required to process those transactions. In each case, Brandy Vanderheiden collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Brandy Vanderheiden. Brandy Vanderheiden does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

 

Media

Videos are hosed by third parties. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of such websites. Nonetheless, we seek to protect the integrity of the Site and welcome any feedback regarding these third party websites

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Brandy Vanderheiden visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Brandy Vanderheiden’s websites, with the drawback that certain features of Brandy Vanderheiden’s websites may not function properly without the aid of cookies.

 

Data Collected to Manage Your Membership

At checkout, we will collect your name, email address, username, and password. This information is used to setup your account for our site. If you are redirected to an offsite payment gateway to complete your payment, we may store this information in a temporary session variable to setup your account when you return to our site.

Your profile may also include, (if entered in your profile) your billing address and phone number.

When logged in, we use cookies to track some of your activity on our site including logins, visits, and page views.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Anonymous user browsing activity is collected to analyze browsing activity.

 

Protection of Certain Personally-Identifying Information

Brandy Vanderheiden will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Brandy Vanderheiden discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Brandy Vanderheiden’s behalf or to provide services available at Brandy Vanderheiden’s websites, and (ii) that have agreed not to disclose it to others; by using Brandy Vanderheiden’s websites, you consent to the transfer of such information to them.   Other than to its employees, contractors and affiliated organizations, as described above, Brandy Vanderheiden will disclose potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Brandy Vanderheiden believes in good faith that disclosure is reasonably necessary to protect the property or rights of Brandy Vanderheiden, third parties or the public at large. If you are a registered user of an Brandy Vanderheiden website and have supplied your email address, Brandy Vanderheiden may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Brandy Vanderheiden and our products/projects.  Brandy Vanderheiden takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

 

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Third Party Links

Occasionally, at our discretion, we may include or offer links on the Site to third party websites and their respective products or services on the Site. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of such websites. Nonetheless, we seek to protect the integrity of the Site and welcome any feedback regarding these third party websites.

 

Contact information

If there are any questions regarding this privacy policy you may contact us here

Newsletter

By becoming a member of this site/Learning Forum, you acknowledge and agree to be signed up for our newsletter which will be sent to you occasionally for New articles, special promotional offers, or when upcoming classes are being scheduled. You are free to opt-out at any time by clicking on the link provided in the newsletter. We do not give your email or personal information to any third-party companies.

How We Protect Your Data

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.We implement a variety of security measures to maintain the safety of your personal information.  We offer the use of a secure server.   No credit information is stored or processed directly on this site. Upon any knowledge of a data breach, members will be notified.

 

 

Your Consent

By using our site, you consent to our privacy policy.

 

Changes to Our Privacy Policy

This Privacy Policy is subject to occasional revision. If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.  Continued use of the Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

This policy was last modified on 05/24/2018.

Terms of Service:

The following terms and conditions govern all use of the brandyvanderheiden.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Brandy Vanderheiden (“Brandy Vanderheiden”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Brandy Vanderheiden’s Privacy Policy) and procedures that may be published from time to time on this Site by Brandy Vanderheiden (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Brandy Vanderheiden, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

  1. Your brandyvanderheiden.com Account and Site.If you become a member on the Website, you are responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not behave in an unlawful manner, including in a manner intended to trade on the name or reputation of others, and Brandy Vanderheiden may change or remove any discussion or considered inappropriate or unlawful, or otherwise likely to cause Brandy Vanderheiden liability. You must immediately notify Brandy Vanderheiden of any unauthorized uses of your account or any other breaches of security. Brandy Vanderheiden will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors.If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your ID or name is not the full name of a person other than yourself or company other than your own.
    • Without limiting any of those representations or warranties, Brandy Vanderheiden has the right (though not the obligation) to, in Brandy Vanderheiden’s sole discretion (i) refuse or remove any content that, in Brandy Vanderheiden’s reasonable opinion, violates any Brandy Vanderheiden policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Brandy Vanderheiden’s sole discretion. Brandy Vanderheiden will have no obligation to provide a refund of any amounts previously paid.
  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay Brandy Vanderheiden the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable, but may be done at Brandy’s discretion.
    • Automatic Renewal. 
      Unless you notify Brandy Vanderheiden before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Brandy Vanderheiden in writing.
    • Fees; Payment. By signing up for a Services account you agree to pay Brandy Vanderheiden the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Brandy Vanderheiden reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Brandy Vanderheiden.
  2. Responsibility of Website Visitors.Brandy Vanderheiden has not reviewed, and cannot review, all of the material, posted by users other than herself to the Website, and cannot therefore be responsible for that material’s content, use or effects.
  3. Content Posted on Other Websites. By linking to a non-Brandy Vanderheiden website or webpage, Brandy Vanderheiden does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Brandy Vanderheiden disclaims any responsibility for any harm resulting from your use of non-Brandy Vanderheiden websites and webpages.
  4. Copyright Infringement and DMCA Policy.As Brandy Vanderheiden asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by brandyvanderheiden.com violates your copyright, you are encouraged to notify Brandy Vanderheiden in accordance with Brandy Vanderheiden’s Digital Millennium Copyright Act (“DMCA”) Policy. Brandy Vanderheiden will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Brandy Vanderheiden will terminate a member’s access to and use of the Website if, under appropriate circumstances, the member is determined to be a repeat infringer of the copyrights or other intellectual property rights of Brandy Vanderheiden or others. In the case of such termination, Brandy Vanderheiden will have no obligation to provide a refund of any amounts previously paid to Brandy Vanderheiden.
  5. Intellectual Property.This Agreement does not transfer from Brandy Vanderheiden to you any Brandy Vanderheiden or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Brandy Vanderheiden. Brandy Vanderheiden, brandyvanderheiden.com, the brandyvanderheiden.com logo, and all other trademarks, service marks, graphics and logos used in connection with brandyvanderheiden.com, or the Website are trademarks or registered trademarks of Brandy Vanderheiden or Brandy Vanderheiden’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Brandy Vanderheiden or third-party trademarks.
  6. Brandy Vanderheiden reserves the right to display advertisements.
  7. Brandy Vanderheiden reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Brandy Vanderheiden may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  8. Brandy Vanderheiden may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your brandyvanderheiden.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Brandy Vanderheiden if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Brandy Vanderheiden’s notice to you thereof; provided that, Brandy Vanderheiden can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. Disclaimer of Warranties.The Website is provided “as is”. Brandy Vanderheiden and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Brandy Vanderheiden nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  10. Limitation of Liability.In no event will Brandy Vanderheiden, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Brandy Vanderheiden under this agreement during the twelve (12) month period prior to the cause of action. Brandy Vanderheiden shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty.You represent and warrant that (i) your use of the Website will be in strict accordance with the Brandy Vanderheiden Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. You agree to indemnify and hold harmless Brandy Vanderheiden, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  13. This Agreement constitutes the entire agreement between Brandy Vanderheiden and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Brandy Vanderheiden, or by the posting by Brandy Vanderheiden of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Clara County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Brandy Vanderheiden may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

This policy was last modified on 05/24/2018.

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