Legal & Privacy Policies

TERMS AND CONDITIONS OF WEBSITE USE

PLEASE READ THE TERMS AND CONDITIONS OF WEB SITE USE CAREFULLY BEFORE USING THE YOUR YEAR OF TRANSFORMATION WEB SITE (THE "WEB SITE"). ANY USE OF THIS WEBSITE OR THE MATERIALS OR ANY PORTION THEREOF OF THE WEBSITE SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS OF USE.

BY USING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY STATEMENT IF YOU DISAGREE OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE DO NOT USE OR ACCESS THIS WEB SITE. IN USING OUR WEBSITE, YOU ARE CONTRACTING WITH YOUR YEAR OF TRANSFORMATION FOR THE USE OF OUR SERVICES AND PRODUCTS MADE AVAILABLE UNDER THE DOMAIN NAME WWW.YOURYEAROFTRANSFORMATION.COM

WWW.YOURYEAROFTRANSFORMATION.COM RESERVES THE RIGHT AT ITS SOLE DISCRETION TO AMEND OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS OR CHANGES SHALL BE EFFECTIVE AS OF THE DATE IN WHICH THEY ARE POSTED ON THE WEBSITE. YOU AGREE TO BE BOUND BY SUCH AMENDMENTS AND CHANGES MADE FROM TIME TO TIME AND YOUR CONTINUED USE OF THE WEBSITE SHALL CONSTITUTE AGREEMENT TO BE BOUND BY THESE REVISED TERMS AND CONDITIONS OF USE.

NOTE: THIS WEBSITE MAY ALSO PROVIDE OR REFERENCE OTHER TERMS OF USE OR LICENSE AGREEMENTS SPECIFIC TO THE USE OF "FREE SELF-COACHING TOOLS", "LICENSEE LOG IN SECTION" OR PRODUCTS AND SERVICES (DEMONSTRATIONS OR ON-LINE). THESE PRODUCT OR SERVICE SPECIFIC TERMS OF USE OR LICENSE AGREEMENTS SHALL PREVAIL OVER ANY GENERAL TERMS AND CONDITIONS FOR THE WEBSITE CONTAINED HEREIN.

1. Purpose of the Web site
The purpose of this web site is to allow you, as a user of this Web site, to access our products and services. This Website is controlled and operated by Your Year of Transformation from our offices within the State of Vermont. Your Year of Transformation makes no representation that the Website and Web site Materials are appropriate or available for use in other locations. It is your responsibility to ensure that your use of the Website is in compliance with local laws and the extent to which local laws are applicable.

2. Ownership of Web site and Web site Materials
The Website, its design, images, and content are owned, operated and are the exclusive property of Your Year of Transformation and contain copyrighted material, trademarks, and other proprietary intellectual property. Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law as well as international copyright treaties and multilateral and bilateral agreements protect this Web site. Unauthorized reproduction of it, or any portion of it, may result in severe civil and criminal law penalties. Your Year of Transformation shall enforce these intellectual property rights to the fullest extent of the law.

3. Right to Use Website and Website Materials
You, as a user of this Website and the Website Materials may use this Website and Website Materials for the sole purpose of accessing Your Year of Transformation's services and products. This right to use is a non-exclusive, world-wide license. The right to use the Website and Website Materials shall not constitute any transfer of any right, title or interest in and to the Website and Website Materials and such use shall not be considered as granting, directly or indirectly, any license to use the Website or Website Materials for any other purpose for the user's benefit or the benefit of any third party without the express written consent of Your Year of Transformation.

4. Restrictions on Use
(a) No information or material from the Website or Website Materials may be reproduced, redistributed, republished, uploaded, posted, transmitted in any manner whatsoever except for the purpose specified in 3 above.
(b) You may not use any information or material from the Website or Website Materials for any other works including any and all trademarks or copyright works and agree not to engage in activities or provide information that infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
(c) You agree that you shall not acquire any right, title or interest in the Website and Website Materials through use of the Website and agree to abide by copyright and other proprietary notices contained therein.
(d) You agree not to copy, transfer, transmit, sublicense or assign or transmit the Website or Website Materials over a network, by telephone or electronically using any other means without the express written consent of Your Year of Transformation.
(e) You agree not to distribute to or otherwise disseminate through the Web site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or solicitation for goods and services.
(f) You agree not to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items.
(g) You agree not to provide information or participate in activities that will result in the transfer to our Website of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of our Website's systems, programs, content, information or applications.
(h) You agree not to bypass any measures that we have taken to restrict access to our Website without our express written consent and you shall not engage in activities that would interfere with the operation of our Website or Website activities.
(i) You agree not to use any robot, spider, scraper or other automated means to access our Website for any other purpose than set out in 3 above without our express written consent.
(j) You agree not to impose an unreasonable load on our Website infrastructure that would affect the operation of our Website.

5. Warranties and Representations
THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK OF USE OF THE WEBSITE OR WEBSITE MATERIALS IS WITH YOU. YOUR YEAR OF TRANSFORMATION DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE AND WEBSITE MATERIALS WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITE OR WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IN THE WEBSITE OR WEBSITE MATERIALS DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY YOUR YEAR OF TRANSFORMATION OR BY A REPRESENTATIVE OF YOUR YEAR OF TRANSFORMATION SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. YOUR YEAR OF TRANSFORMATION DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,

AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED WARRANTIES. YOUR YEAR OF TRANSFORMATION DOES NOT WARRANT THE WEBSITE OR WEBSITE MATERIALS AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITE AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS. YOUR YEAR OF TRANSFORMATION SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON WEBSITES THAT LINK WITH THIS WEBSITE OR FROM THIRD PARTIES WEBSITES.

6. Limitation of Liability
By using our Web site and Web site Materials, you assume all liability and risk for use and absolve Your Year of Transformation of any liability for use of the Web site and Web site Materials. Your Year of Transformation's entire liability and the user's entire remedy shall be to discontinue use of the Web site and Web site Materials. In no event will Your Year of Transformation's liability to you extend to any lost of profits, lost data, lost savings or other special, incidental, economic, indirect or consequential damages arising out of the use or inability to use the Web site or Web site Materials, or for any claim by any other party, even if YOUR YEAR OF TRANSFORMATION has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL YOUR YEAR OF TRANSFORMATION BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. SOME STATES AND PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

7. Indemnification
You agree to indemnify Your Year of Transformation from and against all claims, liability and expenses, including legal fees and costs arising from any unauthorized use of the Web site and Web site Materials or from your breach of the Terms and Conditions of Use. You agree to notify Your Year of Transformation immediately upon becoming aware of any unauthorized use of the Website or Web site Materials and take all reasonable steps to prevent subsequent unauthorized use. Your Year of Transformation reserves the right, in its sole discretion and at its own expense, to defend any such action or claim and you agree to co-operate fully with any such defense.

8. User Information and Privacy
Your Year of Transformation does not use our Website to collect any personal information regarding users of the Web site but may collect and retain information regarding your use of the Website. Your Year of Transformation will not sell, rent or distribute such information collected to any other third party. Please review our Privacy Statement and Privacy Code to review how Your Year of Transformation handles privacy issues (please insert link to privacy statement/code) on our Website. Our Website may use "cookies" for the purposes of maintaining proper process sequencing and information but Your Year of Transformation will not use "cookies" to surreptitiously gather information from a user's computer. By using the Web site, you are authorizing Your Year of Transformation to collect such information. To the extent that information is collected regarding your use of the Website, you authorize Your Year of Transformation to use such information for any purpose whatsoever related to the business of Coaching and Training. Should you not wish to give such authorization, then you must notify Your Year of Transformation to the contrary by emailing us at kimberly@YourYearofTransformation.com. Notwithstanding such notification, Your Year of Transformation reserves the right at all times to disclose such information about your use of our Website necessary to meet any law, regulation, government request or court order. You acknowledge and agree that Your Year of Transformation cannot ensure or guarantee your secure access or privacy on our Website given that no transmission over the Internet can be guaranteed to be 100% secure and as result any use of the Website shall be at your sole risk.

NOTE: THE USE OF CERTAIN PRODUCTS OF YOUR YEAR OF TRANSFORMATION MAY REQUIRE THE COLLECTION OF PERSONAL INFORMATION OF THE USER, THE PROVISIONS OF THE PRODUCT SPECIFIC TERMS OF USE OR LICENSE AGREEMENT APPLY TO THE COLLECTION OF ANY SUCH PERSONAL INFORMATION.

9. Survival of Obligations
The obligations pursuant to the provisions of 2, 4, 6 and 7 survive the termination of these Terms and Conditions of Use.

10. Termination
Your right to use this Web site and Web site Materials is subject to your continued compliance with these Terms and Conditions. This right shall terminate automatically without notice should you breach of these Terms and Conditions. In the event that these Terms and Conditions are terminated, you agree to destroy all materials obtained by you from the Web site and any and all copies thereof.

11. General Terms
Any disputes under these Terms and Conditions of Use shall be governed by the laws of the State of Vermont and laws of the United States of America where applicable, without giving effect to any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of the State of Vermont and the United States of America, or any other jurisdiction or courts as may be determined by Your Year of Transformation.

In the event of a dispute These Terms and Conditions of Use and any directions, policies, rules or guidelines posted on the Web site shall constitute the entire agreement between you and Your Year of Transformation. Should Your Year of Transformation waive a provision or right under the Agreement, such waiver does not constitute a waiver of any other provision of the Agreement or any subsequent waiver of a right or provision under this Agreement.
If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction, after appeals therefrom have been exhausted, to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect.

PRIVACY CODE

The Your Year of Transformation Privacy Code sets out our privacy commitment to the protection of our employees, customers and client's personal information. This Privacy Code is built on the ten principles of the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information which was published in March 1996 as a National Standard of Canada that have now been incorporated into both Federal and Provincial privacy laws.

Definitions

"contact information" means information to enable an individual at a place of business or at a residence to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual employee personal information" means personal information about an individual that is collected, used or disclosed solely for the purposes reasonably required to establish, manage or terminate an employment relationship between the organization and that individual, but does not include personal information that is not about an individual's employment."organization" means a person, an unincorporated association, a trade union, a trust or a not for profit organization, but does not include:

(a) an individual acting in a personal or domestic capacity or acting as an employee;
(b) a public body;
(c) the Provincial Court, the Supreme Court or the Court of Appeal;

"personal information" means information about an identifiable individual and includes employee personal information but does not include contact information or work product information.

"YOUR YEAR OF TRANSFORMATION" means Your Year of Transformation

"work product information" means information prepared or collected by an individual or group of individuals as part of the individual's or group's responsibilities or activities related to the individual's or group's employment or business but does not include personal information about the individual who did not prepare or collect the personal information.

Introduction

Your Year of Transformation is an American company providing HR Research & Development, Proprietary Program Licensing, Executive & Whole-Life Coaching Services, Coaching Certification and Corporate Training. As a mutli-faceted Coaching and Training company focusing extensively on R&D and Licensing, privacy of personal information is a critical customer criteria and priority.

This Privacy Code is intended to set out our commitment to our customers regarding the protection of personal information provided by our employees and customer as reflected in the following principles, policies and procedures. It is also intended to set out the choices available for individuals regarding our collection, use or disclosure of their personal information.

The purpose of this Privacy Code is to articulate clearly our privacy practices respecting the management of personal information collected and used by our Company and to ensure compliance with the federal and provincial privacy laws. It is the intention of this Privacy Code to recognize the needs of our Company to collect, use or disclose personal information versus the right of individuals to protect their personal information. The standard for the collection of personal information by our Company is one of what a reasonable persona would consider appropriate in the circumstances.

YOUR YEAR OF TRANSFORMATION is further committed to a continual review and updating of our Privacy Code to ensure that we are keeping pace with changes in technology and industry practices and meets the on-going needs of our employees and customers.

Guiding Principles

The following ten principles are the basis of the YOUR YEAR OF TRANSFORMATION's Privacy Code and shall guide YOUR YEAR OF TRANSFORMATION's management of personal information and its privacy practices together with the statutory requirements of the BC Personal Information Protection Act.

1. Accountability - YOUR YEAR OF TRANSFORMATION is responsible for personal information under its control including personal information not in the custody of YOUR YEAR OF TRANSFORMATION. YOUR YEAR OF TRANSFORMATION shall designate one or more individuals to be responsible for ensuring that YOUR YEAR OF TRANSFORMATION complies with this Privacy Code and shall make the position name or title and contact information of each individual so designated.

2. Identifying Purposes for Collection of Personal Information - YOUR YEAR OF TRANSFORMATION shall identify the purposes for which personal information is collected or before personal information is collected.

3. Obtaining Consent for Collection, Use or Disclosure of Personal Information - YOUR YEAR OF TRANSFORMATION shall ensure that consent is obtained from each individual for the collection, use or disclosure of their personal information unless inappropriate. YOUR YEAR OF TRANSFORMATION shall recognize and act on any withdrawal of consent by an individual to collect their personal information.

4. Limiting Collection of Personal Information - YOUR YEAR OF TRANSFORMATION shall limit the collection of personal information to the purposes identified by YOUR YEAR OF TRANSFORMATION and shall only collect personal information using appropriate, fair and lawful means.

5. Limiting Use, Disclosure and Retention of Personal Information - YOUR YEAR OF TRANSFORMATION shall not use or disclose personal information for purposes other than for the purpose it was collected unless YOUR YEAR OF TRANSFORMATION has the consent of the individual or as provided by law. YOUR YEAR OF TRANSFORMATION shall retain personal information for only as long as necessary to meet the purposes of the collection of the personal information.

6. Accuracy of Personal Information - YOUR YEAR OF TRANSFORMATION shall ensure that personal information collected, used and disclosed shall be as accurate, complete and up-to date as possible for the purposes for which it has been collected, used and disclosed.

7. Security Safeguards - YOUR YEAR OF TRANSFORMATION shall take all appropriate steps to protect the personal information collected, used and disclosed and use security measures appropriate to sensitivity of the personal information.

8. Openness Concerning Policies and Practices - YOUR YEAR OF TRANSFORMATION shall ensure that information is made available to employees and customers regarding this Privacy Code and our privacy practices regarding personal information.

9. Customer and Employee Access to Personal Information - YOUR YEAR OF TRANSFORMATION shall inform an individual of the collection, use and disclosure of his/her personal information at the individual's request and shall grant access to the individual to such personal information. An individual shall be entitled to challenge the accuracy and completeness of the personal information collected, used or disclosed by YOUR YEAR OF TRANSFORMATION and have it amended and or corrected as necessary or appropriate.

10. Challenging Compliance - This Privacy Code and our privacy practices shall include a clear process for responding to complaints that may arise with respect to our handling and managing of personal information of customers and employees. A customer or employee may make a complaint regarding YOUR YEAR OF TRANSFORMATION's compliance with its privacy policies and practices to the designated individual in accordance with our complaint process.

Application of the Privacy Code

1.1 YOUR YEAR OF TRANSFORMATION meets the definition of organization for the purposes of the BC Personal Information Protection Act. Our Privacy Code is therefore subject to the requirements and regulations of the BC Personal Information Protection Act and our Code applies to personal information of our customers and employees collected, used and disclosed by YOUR YEAR OF TRANSFORMATION and to our practices in managing such personal information whether collected, used or disclosed orally, electronically or in writing.

1.2 This Privacy Code does not protect contact information or work product information as defined above.

1.3 There is certain personal information in which this Privacy Code does not apply to:

(a) personal information collected, used or disclosed for personal or domestic purposes,
(b) journalistic, artistic or literary purposes,
(c) for federal act purposes,
(d) for provincial Freedom of Information and Protection of Privacy Act purposes,
(e) personal information in a note, communication or draft decision of decision maker in an administrative proceedings or personal information that relates to the exercise of functions of member or officer of Legislature or Legislative Assembly,
(f) personal information from a document related to a prosecution if all proceedings related to the prosecution have not been completed,
(g) collection of personal information collected before BC Personal Information Protection Act.

Accountability

2.1 In order to meet its responsibilities for personal information under its possession or control, YOUR YEAR OF TRANSFORMATION appoints the Vice President and or his/her designate to be accountable for YOUR YEAR OF TRANSFORMATION's compliance with this Privacy Code and its statutory requirements under the Personal Information Protection Act. The Vice President and or his/her designate may appoint one or more persons to act on their behalf with respect to the responsibility for day-to-day management, collection and processing of personal information.

2.2 The contact information of persons designated to be accountable for YOUR YEAR OF TRANSFORMATION's compliance shall be made known upon request.

2.3 YOUR YEAR OF TRANSFORMATION does not currently provide personal information to third parties. In the event, that YOUR YEAR OF TRANSFORMATION does provide personal information to third parties, YOUR YEAR OF TRANSFORMATION shall ensure that such third parties have policies and practices in place that provide similar or comparable protection for personal information as YOUR YEAR OF TRANSFORMATION.

2.4 YOUR YEAR OF TRANSFORMATION shall put in place procedures and practices to give effect to this Privacy Code and shall include:

2.4.1.1 Procedures and practices to protect personal information and to oversee compliance with this Privacy Code;
2.4.1.2 Procedures and practices to receive and respond to requests for personal information, inquiries and complaints
2.4.1.3 Methods and means for training and communicating our privacy procedures and practices to employees; and
2.4.1.4 Methods and means for communicating our privacy procedures and practices to our customers and the public.

Purposes of Collection

3.1 YOUR YEAR OF TRANSFORMATION shall only collect, use and disclose personal information of customers and employees for purposes that a reasonable person would consider appropriate in the circumstances and that fulfill the purposes that YOUR YEAR OF TRANSFORMATION has disclosed to the individual.

3.2 YOUR YEAR OF TRANSFORMATION shall identify and specify orally, electronically or in writing to the employee or customer the purposes for which personal information is collected, used and disclosed at or before the time the personal information is collected.

3.3 YOUR YEAR OF TRANSFORMATION collects, uses and discloses personal information only for the following purposes:

Completion of website transactions
Access to restricted website areas
Normal business operations
Other requirements that may appear from time to time

3.4 Designated persons collecting personal information on behalf of YOUR YEAR OF TRANSFORMATION shall upon request advise an individual of the purposes for such collection or refer the individual to the Vice President and or his/her designate to provide an explanation.

3.5 YOUR YEAR OF TRANSFORMATION shall not collect, disclose or use personal information for any purpose not identified or specified to an individual without obtaining their consent.

Consent

4.1 Subject to the exceptions in 2.2 and 2.3 above and 4.3 below, YOUR YEAR OF TRANSFORMATION will obtain consent from an individual when collecting, using or disclosing personal information from its customers or employees for the purposes outlined above.

4.2 Consent may be explicit (orally or in writing) or implied. Consent may be implied by YOUR YEAR OF TRANSFORMATION where at the time consent is deemed:

4.2.1 the purpose would be considered obvious to a reasonable person;
4.2.2 the individual has voluntarily provided the personal information for that purpose; or
4.2.3 YOUR YEAR OF TRANSFORMATION has given notice of the collection of personal information for a specified period in a form that can be reasonably understood of its intention to collect, use or disclose the personal information and the individual is given a reasonable period of time to decline and does not decline and it is reasonable to collect, use or disclose having regard to the sensitivity of the personal information.

4.3 Consent is not required for the following personal information which is permitted to be collected and used from an individual or from a source other than an individual without limitations:

4.3.1 is clearly in the interest of the individual and consent cannot be obtained in a timely way;
4.3.2 is necessary for medical treatment of the individual and individual is unable to give consent;
4.3.3 it is reasonable to expect that the collection or use with the consent of individual would compromise the availability or accuracy of the personal information and the collection is reasonable for an investigation or a proceeding;
4.3.4 where collection or use occurs by observation at a performance, a sports meet or a similar event at which individual voluntarily appears and is open to the public;
4.3.5 is necessary to determine individual's suitability to receive an honour, award or similar benefit such as honorary degree, scholarship or bursary or selected for an athletic or artistic purpose;
4.3.6 organization is credit reporting agency and collection is for a credit report and individual consents at the time the original collection occurs;
4.3.7 is required or authorized by law;
4.3.8 personal information is necessary to facilitate collection of debt owed or payment of debt to an organization; and
4.3.9 collection or use of employee personal information is reasonable for establishing, managing or terminating an employment relationship

 

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