Terms of service
Last Updated: February 22, 2022
THEREFORE, this Policy shall apply to Passion Planner and govern any and all data collection and usage thereof. Through the use of www.passionplanner.com (the “Site”) you are herein consenting to the following data procedures expressed within this agreement.
Who We Are. For the purposes of applicable data protection laws, Passion Planner, LLC is the controller of the personal data/information you provide to us ("Data Controller"). As a Data Controller, we process the personal information we maintain about you in accordance with this Policy.
Must-Read Sections. We draw your attention in particular to the sections entitled “Legal Basis for Processing,” "International Data Transfer," and “Information Choices and Changes.”
Changes to This Policy. We reserve the right to update and/or change the terms of this Policy, and as such we will post those change to our Site homepage at www.passionplanner.com so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances if any, we may disclose such information. If at any point in time Passion Planner decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated and consented to when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.
WHAT WE COLLECT
There’s a range of information we need to collect about you so that we can operate Passion Planner. This information may include:
- Voluntary Information. We may collect your name, address, email address, billing and/or credit card information, as well as other information you directly give us on Passion Planner, which may be used when you purchase products and/or services and to deliver the Services you have requested. This site shall only collect personal information that you knowingly and willingly provide consent for by way of surveys, completed membership forms, purchases, and emails.
- Information Automatically Collected. We automatically log information about you and your device. For example, when visiting our Site, automatically collected information may include third party tracking technologies and server logs. We may also gather information about your computer hardware and/or software. Such collected information may include, but may not be limited to your IP address, browser type, domain name, access time, and various website addresses.
- Cookies. We may log information using "cookies." Cookies are small data files stored on your device by a website. We may use both session cookies (used to store data for the session, such as cart content, which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them) to provide you with a more personal and interactive experience on Passion Planner. See below for the specific types of cookies we use and their respective purposes.
We use the information we collect in the following ways:
- To assist in the operation of our Site and to ensure delivery of the Services you need and request.
- To maintain and improve our Services.
- To send you promotional communications. These may include emails to inform you of other possible products and/or services that may be available to you on the Site, surveys and/or research questionnaires related to your opinion of current or possible new services that are offered or may be offered, or other newsletters depending on your settings. You may opt-out of receiving such information at any time: such marketing emails tell you how to "opt-out."
- To send you administrative communications. These may include administrative emails, confirmations, technical notices, updates, and security alerts.
- To respond to your comments and questions and provide you with user support.
- To process payments you make via Passion Planner.
- To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
HOW WE SHARE THIS INFORMATION
We may share your personal information as follows:
- Third Parties Designated by You. We may share your personal information with third parties where you have provided your consent to do so.
- Our Third-Party Service Providers. We may share your personal information with our third-party service providers (i.e. third-party processors) who provide services such as data analysis, payment processing, information technology and related infrastructure, email delivery, and other similar services. We require that our third-party service providers use your personal information only to provide the services we've requested. These third-party service providers may be located outside the European Union. Passion Planner does not now, nor will it in the future, sell, rent, or lease any of its customer lists and/or names to any third parties.
- Other Disclosures. We may share personal information as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.
LEGAL BASIS FOR PROCESSING
This section addresses the legal basis for processing your information if you reside outside the United States (within the United States, you typically provide consent when you receive notice of this Policy in a website link). Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.
We collect and process your personal information for a variety of purposes outlined in this Policy. In certain cases, separate consent is not required, including:
- FOR PERFORMANCE OF A CONTRACT. To perform our contractual obligations to you, including but not limited to fulfilling orders or purchases you have made (including the processing of payment), contacting you in relation to any issues with your order, in relation to the provision of the Services, where we need to provide your personal information to our service providers, where we need to collect personal information from third-party sources and when you access third party products and services, where we collect data from third parties, or to aggregate and centralize data for the performance of the Services.
- TO MEET LEGAL OBLIGATIONS. To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.
- FOR LEGITIMATE INTERESTS. To operate our business and provide the Services, other than in performing our contractual obligations to you for Passion Planner's "legitimate interests" for the purposes of applicable law - except where overridden by the interests or fundamental rights and freedoms that require protection of personal data.
- CONSENT AS A BASIS FOR PROCESSING. In some cases, we will ask for your consent to process your personal information. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your personal information through our Services or a form; or (ii) registering or creating an account with us.
When we use the term "anonymous data," we’re referring to data and information that doesn’t permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.
We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information, such as your name, that makes the data personally identifiable to you. We use this anonymous data to analyze usage patterns in order to make improvements to Passion Planner.
We use several types of cookies on Passion Planner:
You can typically remove and reject cookies from Passion Planner with your browser settings. For step-by-step instructions, please check your browser’s help section. Here are links for popular browsers: Chrome, Firefox, Microsoft Edge, and Internet Explorer. If you remove or reject our cookies, it could affect how Passion Planner works for you.
INFORMATION CHOICES AND CHANGES
Opt-out. You can contact us any time to opt-out of (a) email communications, newsletters, or promotional communications, (b) any new processing of your personal information that we may carry out beyond the original purpose, or (c) the transfer of your personal information outside the European Economic Area (EEA). Please note that your use of some of the Site or Services may be ineffective upon opt-out. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe and/or opt-out.
Access. You can access the information we hold about you at any time by contacting us directly.
Amend. You can also contact us to update or correct any inaccuracies in your personal information.
Move. Your personal information is portable — i.e. you have the flexibility to move your data to other service providers as you wish.
Erase and forget. In certain situations, for example, when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
If you wish to exercise any of these rights, please contact us at firstname.lastname@example.org. In your request, please make clear (a) what personal information is concerned, and (b) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting the change or deletion unless a longer retention period is required or permitted by law (for example, for regulatory purposes).
When you receive promotional emails from us, you can also unsubscribe or opt-out by clicking the link at the bottom of any of the emails. You can’t opt out of receiving administrative communications.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Passion Planner and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of stationery products. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in National City, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Passion Planner’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
INTERNATIONAL DATA TRANSFER
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using Passion Planner, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
We will only process your personal information in accordance with applicable data protection and privacy laws. We need certain personal information in order to provide you with access to Passion Planner. If you do not agree to our use of your personal information in line with this Policy, please do not use Passion Planner.
SENSITIVE PERSONAL DATA
Subject to the next paragraph, we ask that you not send us, and you do not disclose, any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through Passion Planner or otherwise to us. For example, do not send us sensitive personal data through Passion Planner’s “Share Your Story” or any other Passion Planner application process, such as our “Get One Give One” program.
OUR POLICY ON CHILDREN
Passion Planner is not directed at children under 16. If a parent or guardian becomes aware that their child has provided us with information without their consent, they should contact us at firstname.lastname@example.org, and we will delete such information as soon as reasonably practicable.
USER TESTIMONIALS AND FEEDBACK
We often receive testimonials and comments from users who have had positive experiences with our Services, and we occasionally publish them. We obtain the user’s consent prior to posting any feedback on a public area of the Site.
LINKS TO OTHER WEBSITES
Please note that this Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Our Services may provide a link or otherwise provide access to Third Party Sites. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Policy does not apply to Third-Party Sites, and any data you provide to Third-Party Sites, you provide at your own risk. We encourage you to review the privacy policies of any Third-Party Sites with that you interact with.
Passion Planner shall endeavor to take every precaution to maintain adequate physical, procedural, and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of the user's personal information under our control. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of personal data. Passion Planner is a licensee of TRUSTe. The Site is also secured by VeriSign.
ACCEPTANCE OF TERMS