Acknowledgement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE PRIVACY POLICY SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE. ZEN HEN HEALING LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS TO THIS SITE. SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions.
The owner of the copyrights and trademarks are Zen Hen Healing LLC or other third party licensors; therefore, the entire Site is protected by international copyright and trademark laws. You may print and download information from this site only for personal use without deleting or modifying copyright and licensed material. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to Zen Hen Healing LLC the right to use your name in connection with the reviews for services and products. You agree that you shall have no recourse against Zen Hen Healing LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Zen Hen Healing LLC.
What data we collect and why we collect it
We may collect personal information from you in a variety of ways, including when you visit our Site, respond to a survey, complete a form, make a purchase, and in connection with other activities, services, features or resources we make available. You may be asked for name, title, organization, mailing address, email address, phone and fax numbers, credit/debit card information and other personal contact details (“Personal Information”). We also may collect information on your views and preferences as they relate to Zen Hen Healing products and services. Any and all Personal Information you provide to Zen Hen through this Site is provided on a voluntary basis, and how much you disclose is up to you. In some cases, such as profile pages, and interactive Site features, any Personal Information you provide may become publicly available to other members and the general public and is not considered confidential. When you voluntarily disclose such Personal Information, that information may be collected and used by others, resulting in unsolicited messages from others. Where you have publicly posted Personal Information, Zen Hen is free to reproduce, publish, or otherwise use such information for any purposes.
Non-Personal Information
We may collect non-personal information about you when you interact with our Site. Non-personal information may include information about the computer you are using to connect to the Internet (such as the operating system and the Internet service providers utilized and other similar information) and about your browser.
How We Use Collected Information
Zen Hen may collect and use your Personal Information for legitimate business purposes, including the following:
To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience
We may use information in the aggregate to understand how our users as a group use the services and resources provided on our Site.
To improve our Site
We may use your information and feedback to improve our
products and services.
To send periodic emails
We may use your email address to respond to inquiries, questions, and/or other requests. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, surveys, related product or service information, etc.
To provide targeted services and content
Sharing Your Personal Information
We may occasionally send you offers on behalf of third parties or promote such offers on our Site. If you do accept a third party offer or request additional information, the third party may collect other personal information directly from you. Once a third party has your personal information, it is governed by the third party’s privacy policy. We also may share generic aggregated demographic information not linked to any Personal Information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Zen Hen also may provide Personal Information to third parties if Zen Hen reasonably believes that release of information is necessary to: 1) comply with legal requirements or legal process; 2) protect or defend the rights or property of Zen Hen; or 3) protect other users of the Site or the public.
Members
Members may have been assigned or have created a username and password to be used for accessing portions of the Site. We maintain that information to allow you to access the Site and to maintain our relationship with you as a member or provide specific services to you.
Zen Hen expressly reserves the right to contact any member or other user regarding account status, renewals, or other matters relevant to subscription or service.
How We Protect Your Information
Zen Hen uses measures designed to protect against the loss, misuse, unauthorized access, or alteration of information provided over the Site. However, we cannot guarantee the absolute safety of your information. If you become aware of any breach of Site security or this Privacy Policy, please notify us immediately.
Choices You Have
You choose what information to supply to this Site. Please share only information as is needed or that you believe is appropriate. You are under no obligation to provide us with Personal Information, but without it we may not be able to respond to your request.
If you decide at any time that you no longer wish to receive communications from us, please send an emailed request to zenhenhealing@gmail.com.
Cookies
When you visit our web site, a “cookie” may be placed on your computer to track your visit and help us to improve the Site. You may set your browser to refuse or disable cookies, but if you do so, some features of the Site may not function properly.
Children’s Privacy
Zen Hen does not market its products or services to children. We do not knowingly collect information from Site users under 18 years of age.
Children’s Privacy
The Site is not intended for individuals under the age of 18.
Although this Website is not targeted toward children, we are concerned about the safety and privacy of children who use the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a child under 13 has provided us with personally identifiable information without verifiable parental consent, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without verifiable parental consent, he or she should contact us.
Information Collected from Children Under the Age of 13
The Company may collect and store persistent identifiers such as cookies or IP addresses consent for the purpose of supporting the internal operation of the Service.
We may collect and store other personal information about children if this information is submitted by a child with prior parent consent or by the parent or legal guardian of the child.
The Company may collect and store the following types of personal information about a child when submitted by a child with prior parental consent or by the parent or legal guardian:
• First and/or last name
• Date of birth
• Gender
• Email address
• Telephone number
• Notes regarding services provided
• Parent’s or guardian’s name
• Parent’s or guardian’s email address
For further details on the information We might collect, You can refer to the “Types of Data Collected” section of this Privacy Policy. We follow our standard Privacy Policy for the disclosure of personal information collected from and about children.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Payments
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
EEA Resident Rights
If you are a resident of the European Economic Area, you have the following data protection rights:
• If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “Contact Us” page or by emailing zenhenhealing@gmail.com
• In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact Us” or by emailing zenhenhealing@gmail.com.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. Registered users can manage their account settings and email marketing preferences as described in the “Choices Regarding Your Personal Information” section below. If you are an unregistered user, or to opt-out of other forms of marketing (such as postal marketing or telemarketing), you may contact us using the contact details provided under the “Contact Us” page or by emailing zenhenhealing@gmail.com.
• Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
Types of Data Collected
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
Acknowledgement of Transfer of Personal Data
Our Site is hosted on web servers in the United States. If you are located in a non-U.S. jurisdiction, for example, in the European Economic Area, you agree that by providing your Personal Information, you consent to the transfer of such information to the United States, a jurisdiction that may not provide an equivalent level of data protection to the laws in your home country.
Links to Third Party Websites
The privacy practices described in this Privacy Policy are for our Site only. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any other website(s) that you may link to through the Site. We encourage you to seek out and read the privacy policy of each website that you visit.
Changes to this Policy
Zen Hen reserves the right to make changes to this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page. Please frequently check the Privacy Policy and particularly before you submit additional Personal Information via the Site. All revisions to this Privacy Policy will be posted on the Site via link from the homepage. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
Your continued use of the Site following the posting of this Policy or any changes to this Policy is considered your acceptance of those changes.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Except as provided below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, our relationship, or your use or attempted use of the Website or any product or service offered by the Company, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association then in effect. The following terms shall apply. You, the Company, or any involved party may pursue a claim. The Company agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against the Company. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
a. Commencing Arbitration
You and the Company agree to commence any arbitration proceeding within one (1) year after the claim arises and that any arbitration proceeding commenced after one (1) year shall be forever barred.
b. Arbitration Location
The arbitration may be conducted by telephone, other electronic means or by written submissions. Otherwise, the arbitration shall be conducted in Gwinnett County, Georgia unless the Company otherwise agrees to arbitrate in another forum requested by you.
c. Organization, Rules, and the Arbitrator
We each agree that any and all claims other than those exempted below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by agreement of the Parties or, if the Parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with by the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or the Company.
d. Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. In our sole discretion, we may reimburse the fees charged by the arbitrator for claims totaling less than $500.00 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the Parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
e. Governing Law and Award
The arbitrator shall follow the substantive law of the State of Georgia without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
f. Enforceability
This provision survives termination of your account or relationship with the Company, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
g. Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1 year limitation period set forth above. This Section 4 is the entire arbitration agreement between you and the Company and shall not be modified except in writing by the Company.
h. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and the Company both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. The Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in [Georgia, with the Parties forever waiving any challenge to said court’s jurisdiction and venue: (i) any dispute, controversy, or claim, including a claim for injunctive relief and damages, relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by the Company for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “h” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
