Terms, Disclaimer, Privacy, Refund Policy
The Lifestyle Medicine Summit is coordinated by the Lifestyle Medicine University Foundation, a 501(c)3 non-profit organization registered in the State of Wyoming, USA with a mission to educate about Lifestyle Medicine and Root-Cause Health Coaching™ and provide scholarships to health professionals in underserved communities.
Effective: August 2, 2021
Thank you for supporting the Lifestyle Medicine University Foundation!
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST THE LIFESTYLE MEDICINE UNIVERSITY FOUNDATION. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.
Using Lifestyle Medicine University Foundation & Lifestyle Medicine Summit Services
Who May Use our Services
You may use our Services only if you can form a binding contract with Lifestyle Medicine University Foundation, and only in compliance with these Terms and all applicable laws. When you create your Lifestyle Medicine University Foundation account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Lifestyle Medicine University Foundation, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
Changes to Content Offerings
Lifestyle Medicine University Foundation offers courses and content ("Content Offerings"). While we seek to provide world-class Content Offerings, unexpected events do occur. Lifestyle Medicine University Foundation reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with its Policies. Content Offerings are subject to the Disclaimers and Limitation of Liability section.
The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with Lifestyle Medicine University Foundation, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share.
How Lifestyle Medicine University Foundation and Others May Use User Content
To the extent that you provide User Content, you grant Lifestyle Medicine University Foundation a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights Lifestyle Medicine University Foundation may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of Conduct.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Lifestyle Medicine University Foundation does not waive any rights to use similar or related Feedback previously known to Lifestyle Medicine University Foundation, developed by our employees, contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, Lifestyle Medicine University Foundation cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing firstname.lastname@example.org.
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Lifestyle Medicine University Foundation cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Lifestyle Medicine University Foundation disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.
Copyright and Trademark
Lifestyle Medicine University Foundation respects the intellectual property rights of our users and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Lifestyle Medicine University Foundation copyright and trademark Policy below in accordance with applicable law, including the Digital Millennium Copyright Act.
Lifestyle Medicine University Foundation is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
Paid Services from Lifestyle Medicine University Foundation
Lifestyle Medicine University Foundation offers paid Services (e.g., course certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for Lifestyle Medicine University Foundation and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Lifestyle Medicine University Foundation reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy below.
Modifying or Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Lifestyle Medicine University Foundation may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Lifestyle Medicine University Foundation, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Lifestyle Medicine University Foundation Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
THE INFORMATION PROVIDED ON THE LIFESTYLE MEDICINE UNIVERSITY FOUNDATION WEBSITE IS FOR EDUCATIONAL PURPOSES AND TO BE USED AS GENERAL INFORMATION ONLY. BEFORE MAKING ANY HEALTH DECISION ALWAYS SEEK PROFESSIONAL ADVICE AS APPROPRIATE. NO DIAGNOSIS, THERAPY OR ANY FORM OF TREATMENT WILL BE PROVIDED. BY ACCESSING THIS WEBSITE YOU AGREE TO ASSUME AND ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL RISKS ASSOCIATED WITH VIEWING AND USING INFORMATION PROVIDED ON THIS WEBSITE.
THE INFORMATION PRESENTED ON THIS WEBSITE IS NOT INTENDED TO REPRESENT OR BEING USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR PSYCHOLOGICAL DISORDER. ALL VIDEOS AND MATERIALS ON THIS WEBSITE ARE NOT A SUBSTITUTE FOR MEDICAL OR PSYCHOLOGICAL TREATMENT.
BY USING THIS WEBSITE OR ACCESSING ANY EVENT OR PRODUCT YOU AGREE TO ASSUME AND ACCEPT FULL RESPONSIBILITY FOR YOUR ACTIONS AND ANY AND ALL RISKS AS A RESULT OF VIEWING THIS WEBSITE. YOU UNDERSTAND THAT YOUR CHOICE TO USE ANY TRADITIONAL OR COMPLEMENTARY MODALITY FEATURED ON THIS WEBSITE IS OF YOUR OWN FREE WILL AND NOT SUBJECT TO ANY OUTSIDE PRESSURE. ANY STORIES OR TESTIMONIALS PRESENTED ON THIS WEBSITE DO NOT CONSTITUTE A WARRANTY, GUARANTEE, OR PREDICTION REGARDING THE OUTCOME OF AN INDIVIDUAL USING HEALTH COACHING FOR ANY PARTICULAR ISSUE AND ARE THE OPINION OF THE AUTHOR.
LIFESTYLE MEDICINE UNIVERSITY FOUNDATION STAFF, FACULTY, AND ITS ASSOCIATES AND PARTNERS ACCEPT NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE USE OR MISUSE OF THE INFORMATION CONTAINED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ARTICLES, VIDEOS, COURSES, TRAININGS, AND RELATED ACTIVITIES. WHILE ALL MATERIALS AND LINKS TO OTHER RESOURCES ARE POSTED IN GOOD FAITH, THE ACCURACY, VALIDITY, EFFECTIVENESS, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION HEREIN, AS WITH ANY PUBLICATION, CANNOT BE GUARANTEED. WE STRONGLY ADVISE THAT YOU SEEK PROFESSIONAL ADVICE AS APPROPRIATE BEFORE MAKING ANY HEALTH DECISION.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE LIFESTYLE MEDICINE UNIVERSITY FOUNDATION PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LIFESTYLE MEDICINE UNIVERSITY FOUNDATION PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
YOU RECOGNIZE AND AGREE THAT WE (AND OUR AFFILIATES AND PARTNERS) HAVE MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS, OR GUARANTEES WHATSOEVER TO YOU ABOUT POTENTIAL CLIENTS OR EARNINGS, OR THAT YOU WILL EARN A CERTAIN AMOUNT OF MONEY WHILE USING LPTV PRODUCTS OR TRAININGS. ANY AND ALL CLAIMS OR REPRESENTATIONS AS TO INCOME OR EARNINGS (WHETHER MONETARY OR OTHERWISE) ARE NOT TO BE CONSIDERED AS “AVERAGE EARNINGS”. THEY HAVE BEEN MERELY EXAMPLES REPORTED BY LPTV STUDENTS AND AS COMMON SENSE SUGGEST ARE DEPEND ON EACH STUDENTS ABILITY TO FOLLOW THE PLAN, TAKE ACTIONS AND PUT TIME AND ENERGY INTO MAKING A NEW BUSINESS A SUCCESS.
Limitation of Liability
LIFESTYLE MEDICINE UNIVERSITY FOUNDATION WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE:
– TO THE EXTENT THAT THE WEBSITE IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS;
– FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR
– FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF LIFESTYLE MEDICINE UNIVERSITY FOUNDATION HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
NOTHING IN THIS WEBSITE DISCLAIMER WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT; AND NOTHING IN THIS WEBSITE DISCLAIMER WILL EXCLUDE OR LIMIT LIFESTYLE MEDICINE UNIVERSITY FOUNDATION LIABILITY IN RESPECT OF ANY:
– DEATH OR PERSONAL INJURY CAUSED BY LIFESTYLE MEDICINE UNIVERSITY FOUNDATION ’S NEGLIGENCE;
– FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF LIFESTYLE MEDICINE UNIVERSITY FOUNDATION ; OR
– MATTER WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR LIFESTYLE MEDICINE UNIVERSITY FOUNDATION TO EXCLUDE OR LIMIT, OR TO ATTEMPT OR PURPORT TO EXCLUDE OR LIMIT, ITS LIABILITY.
BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE. YOU ACCEPT THAT, AS A LIMITED LIABILITY ENTITY, LIFESTYLE MEDICINE UNIVERSITY FOUNDATION HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST LIFESTYLE MEDICINE UNIVERSITY FOUNDATION OFFICERS OR EMPLOYEES IN RESPECT OF ANY LOSSES YOU SUFFER IN CONNECTION WITH THE WEBSITE. WITHOUT PREJUDICE TO THE FOREGOING PARAGRAPH, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER WILL PROTECT LIFESTYLE MEDICINE UNIVERSITY FOUNDATION OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS LIFESTYLE MEDICINE UNIVERSITY FOUNDATION . IF ANY PROVISION OF THIS WEBSITE DISCLAIMER IS, OR IS FOUND TO BE, UNENFORCEABLE UNDER APPLICABLE LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THIS WEBSITE DISCLAIMER. TO REACH US VIA MAIL, EMAIL OR PHONE PLEASE CLICK HERE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIFESTYLE MEDICINE UNIVERSITY FOUNDATION PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE LIFESTYLE MEDICINE UNIVERSITY FOUNDATION PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL LIFESTYLE MEDICINE UNIVERSITY FOUNDATION'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY LIFESTYLE MEDICINE UNIVERSITY FOUNDATION FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the Lifestyle Medicine University Foundation Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Venue
The Services are managed by Lifestyle Medicine University Foundation, which is located at 1740 Dell Range Blvd., Suite 181, 82009 Cheyenne, WY. You agree that any dispute related to these Terms will be governed by the laws of the State of Wyoming, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and Lifestyle Medicine University Foundation will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Cheyenne County, Wyoming as the legal forum for any such dispute.
Binding Arbitration and Class Action Waiver
You and Lifestyle Medicine University Foundation agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).
Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org or by calling (800) 778-7879, and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision.
A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the Cheyenne County, Wyoming and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.
Neither you nor Lifestyle Medicine University Foundation may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Lifestyle Medicine University Foundation individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.
A court may severe any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.
THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR LIFESTYLE MEDICINE UNIVERSITY FOUNDATION WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at www.dca.ca.gov.
Acceptable Use Policy
Our mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user's access to all or part of the Services. You are prohibited from using our Services to share content that:
Please note that specific Content Offerings may have additional rules and requirements.
You also aren't allowed to:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Lifestyle Medicine University Foundation platform infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Lifestyle Medicine University Foundation also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Lifestyle Medicine University Foundation in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at donate@@lifestylemedicineuniversity.io, and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Our main goal is that all our partners and supporters are 100% satisfied . Our aim is to provide you with the best service and support humanly possible. Therefore if there is any dispute or disagreement please contact us to find an amicable solution.
No donation refunds or payment cancellations are possible after the initial 7 days refund period. No refunds are given for completed payments except required by law.
Past due accounts are subject to collection procedures or submission to a collection agency. Delinquent accounts may be subject to additional collection charges and interest from the date of debt. If payments are past due more than 60 days and we’ve received no response from you or your payment method has not been updated we’ll send the open invoice to our collection agency.
Please talk to us to make amicable arrangements. We want to help you succeed and will be flexible and help you wherever we can.
Lifestyle Medicine University Foundation reserves the right to cancel any course or training with insufficient enrolment or for reasons beyond our control. A cancelled course or training results in a full refund of tuition and course fees. If a course or training has commenced then a percentage of the tuition will be refunded (based on how much percentage of the training has been taught already). Lifestyle Medicine University Foundation may remove or update videos or articles or members content as necessary.
All users participating in Content Offerings must agree to abide by the following code:
Any violation of this code may result in your access to all or part of the Services being suspended, disabled, or terminated.
You can find information about us and how we collect, use and store your personal data in each section of this Privacy Notice:
Purpose and who we are
What Information this Privacy Notice Covers
This Privacy Notice covers information we collect from you through our Site. Some of our Site’s functionality can be used without revealing any Personal Data, but for features or Services related to the Content Offerings, Personal Data is required. In order to access certain features and benefits on our Site, you may need to submit, or we may collect, "Personal Data" (i.e., information that can be used to identify you and which may also be referred to as “personally identifiable information” or “personal information”). Personal Data can include information such as your name, email address, IP address, and device identifier, among other things. You are responsible for ensuring the accuracy of the Personal Data you submit to Lifestyle Medicine University Foundation. Inaccurate information may affect your ability to use the Site, the information you receive when using the Site, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.
What You Agree to by Using Our Site
We consider that the legal basis for using your personal information as set out in this Privacy Notice are as follows:
Which legal basis applies to a specific activity will depend on the type of personal information used and the context in which it is being used.
If we rely on our (or another party’s) legitimate interests for using your personal information, we will undertake a balancing test to ensure that our (or the other party’s) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information.
We may process your personal information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time as described below).
If we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent by visiting your profile page and clicking the box to remove consent and we will stop doing so. If you withdraw your consent, this may impact the ability for us to provide some of our Services to you.
What Information We Collect
We gather two types of information about users through the Site:
If you participate in a Content Offering, we may collect certain user-generated content, such as assignments you submit, peer-graded assignments, and peer grading feedback. We also collect course data, such as responses to in-video quizzes, standalone quizzes, exams, and surveys. You should not include any Personal Data or other information of a personal or sensitive nature, whether relating to you or another person, on assignments, exams, or surveys, except for information required to participate in or submit such assignments, exams, or surveys.
How We Use the Information
Retention of Personally Identifiable Information
We keep your Personal Data for no longer than necessary for the purposes for which the Personal Data is collected and processed. The length of time we retain Personal Data for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise, or defend our legal rights.
Confidentiality & Security of Personally Identifiable Information
We will use industry-standard physical, technical, and administrative security measures to keep your Personal Data confidential and secure, and will not share it with third parties, except as otherwise provided in this Privacy Notice, or unless such disclosure is necessary in special cases, such as a physical threat to you or others, as permitted by applicable law. Because the Internet is not a 100% secure environment, we cannot guarantee the security of Personal Data, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mail communications are typically not encrypted and should not be considered secure.
Updating or Deleting Your Personal Data
You have certain rights in relation to your Personal Data. You can access your Personal Data and confirm that it remains correct and up-to-date, choose whether or not you wish to receive material from us or some of our partners, and request that we delete or provide you with a copy of your personal data by logging into the Site, selecting ‘Settings’ from the dropdown in the top right, and scrolling down to find the appropriate option.
If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via email@example.com. If you reside or are located in the EEA, United Kingdom, Switzerland, or other regions that offer similar protections, you have the right to request that we:
We try to answer every request promptly where possible and provide our response within the time period stated by applicable law. Keep in mind, however, that when deleting your Personal Data there may be residual information that will remain within our databases, access logs, and other records, which may or may not contain your Personal Data. Please also note that certain Personal Data may be exempt from such requests in certain circumstances, which may include if we need to retain your Personal Data to comply with a legal obligation. When you email us with a request, we may ask that you provide us with the information necessary to confirm your identity.
If you are a resident of California, please also see our CCPA Notice.
Questions, Suggestions, and Complaints
If you have any privacy-related questions, suggestions, unresolved problems, or complaints, you may contact us via firstname.lastname@example.org. If you reside or are located in the EEA, United Kingdom, Switzerland, or other regions that offers similar protections, our Data Protection Officer and Privacy Team may assist with all queries regarding our handling of Personal Data at email@example.com. If you reside or are located in the EEA, United Kingdom, Switzerland, or other regions that offers similar protections, you may also make a complaint to our supervisory body for data protection matters (namely the UK Information Commissioner's Office or Dutch Autoriteit Persoonsgegevens) or seek a remedy through local courts if you believe that your rights have been breached.
Lifestyle Medicine University Foundation has assigned the following data protection officer. If you have questions or want to remove your personal information from our websites or have questions please contact Johannes R. Fisslinger, 1740 Dell Range Blvd., Suite 181, Cheyenne, WY 82009, USA. Email firstname.lastname@example.org. Phone +1 310 906-0366.
Shine the Light
Shine the Light Under California’s "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information, please send an email message to email@example.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
California Consumer Privacy Act
Under the California Consumer Privacy Act (“CCPA”), California residents have the right to know what personal information about them is collected, request deletion of their personal data, opt-out of the sale of their personal data, and not be discriminated against if they choose to exercise any of these rights. Lifestyle Medicine University Foundation does not sell any of the data we collect about you. If you’d like to exercise any of the other rights afforded to you, log in to your Lifestyle Medicine University Foundation account, select ‘Settings’ from the dropdown in the top right, and scroll down to find the appropriate option, or contact us at firstname.lastname@example.org.
For more information about how we process the personal information of California residents and the rights that California residents have under the CCPA, please review our full CCPA Notice.
International Privacy Practices
Our Sites are primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, you may be sending your Personal Data outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Personal Data may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Data. We are committed to protecting the privacy and confidentiality of Personal Data when it is transferred. If you reside or are located within the EEA, United Kingdom, Switzerland, or other regions that offer similar protections, and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EEA or other regions to the extent feasible under applicable law. We participate in and commit to adhering to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks when transferring data from the EEA or Switzerland to the United States. Please see our Privacy Shield Notice below for further information.
Changing Our Privacy Notice
Please note that we review our privacy practices from time to time and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Site. We will notify you of any material change to this Privacy Notice by posting a notice on our Site’s homepage for a reasonable period of time following such update or by sending an email to the email address associated with your user account, and by changing the effective date (located at the top and bottom of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Notice.
No Information from Children Under 13
Lifestyle Medicine University Foundation strongly believes in protecting the privacy of children. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions. In line with this belief, we do not knowingly collect or maintain Personal Data on our Site from persons under 13 years of age, and no part of our Site is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Site at any time or in any manner. We will take appropriate steps to delete any Personal Data of persons less than 13 years of age that has been collected on our Site without verified parental consent upon learning of the existence of such Personal Data.
Lifestyle Medicine University Foundation, Inc. (referred to as "we," "us," or "our"), believes in protecting your privacy.
We participate in and commit to adhering to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks which includes the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement (the "Principles") for all transfers of personal data from the EEA, Switzerland, or the United Kingdom to the U.S. To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website: https://www.privacyshield.gov/. When we use the term "Personal Information" in this Privacy Shield Notice, we are referring to any information that (i) is recorded in any form; (ii) is about an identified or identifiable individual; and (iii) is received by us from the EEA, Switzerland, or the United Kingdom.
When we use the term "Sensitive Personal Information" in this Privacy Shield Notice, we are referring to a particular subset of an individual’s Personal Information that provides details of his or her race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership or that concerns his or her health.
The purpose of this Privacy Shield Notice is to outline our general practices for implementing the Principles with respect to the Personal Information we collect. If you would like to obtain additional information regarding our privacy practices in connection with information collected on this website in general, please refer to our online Privacy Notice.
Where we process personal data on behalf of our business partners, we will work with them to ensure you are offered appropriate choices (and means to exercise those choices) for limiting the use or disclosure of your personal data (where appropriate).
Notwithstanding the foregoing, you agree that we may disclose Personal Information under the following circumstances without offering you an opportunity to opt-out of such disclosure: (i) to our service providers that we have retained to perform requested Services on our behalf; (ii) if we are required to do so by law or legal process; (iii) pursuant to valid requests by law enforcement or other government authorities (which we are legally required to respond to); and (iv) when we believe disclosure is necessary to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. In addition, we reserve the right to transfer Personal Information in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use the Personal Information in a manner consistent with this Privacy Shield Notice.
Where we have knowledge that a third party to whom we have provided Personal Information is processing that Personal Information in a manner contrary to this Privacy Shield Notice or the Principles, we will take reasonable steps to prevent or terminate processing by the third party until such time the third party can process Personal Information in compliance with this Privacy Shield Notice and the Principles. Under certain circumstances, we may be potentially liable if these requirements are not met.
Contact Us. Please contact us with any questions or comments about this Privacy Shield Notice, transfer of your personal information from the EEA, Switzerland, or the United Kingdom to the U.S., our privacy practices, or your consent choices by email at email@example.com.
This notice addresses the specific disclosure requirements under the California Consumer Privacy Act of 2018 (“CCPA”). It is incorporated into the Lifestyle Medicine University Foundation Privacy Notice and applies to personal information about California residents using our Site and Services (“Consumers,” “You,” or “Your”) that we collected over the previous 12 months. For purposes of the CCPA, personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
In the event of a conflict between this CCPA Notice and any of our other privacy notices, this CCPA Notice shall control only with respect to the personal information of California residents.
For more information about the data we collect and how we use it, please review our Privacy Notice.
Personal Information Purposes of Processing
This section describes the purposes for which we collect and use personal information. We collect and use personal information regarding California residents for the purposes described below:
We do not sell your personal information and we do not have actual knowledge that we sell the personal information of minors under 16 years of age. We may disclose personal information to other parties as follows:
We may disclose personal information to our service providers in order to have them perform services that assist us in fulfilling the purposes listed above. Our service providers provide us with a range of services including hosting our Site, processing payments, legal and accounting professional services, postal and email delivery, conducting analysis to improve our products and Site, fulfilling requests you make, managing payments, and answering your questions. We don’t allow our service providers to retain, use, or otherwise handle the data we provide to them for their own purposes.
We may disclose personal information to our partners and service providers in order to audit interactions and transactions for legal compliance and other purposes.
We may disclose personal information to our service providers in order to improve our Site and Services, such as to identify bugs, repair errors, or ensure that services function as intended, or conduct internal research and analysis to improve our technology.
We may disclose personal information to third parties at your direction.
Personal Information Categories
Our Privacy Notice covers our personal information collection and usage more fully. The chart below describes the categories of personal information we collect and the sources from which we collect the personal information, organized into the categories specified by the CCPA.
Personal Information Category Sources
The personal information described in Cal. Civ. Code §1798.80(e)(such as name, address, telephone number, education, employment history, credit card or debit card number)
Information you provide directly or through your interactions with our Services Information from our partners or customers
Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers)
Characteristics of protected classifications under California or Federal law (e.g., your gender or age) (“Characteristics of Protected Classifications”)
Information you provide to us directly
Commercial information (e.g., information regarding products or services purchased, obtained, or considered)
Information you provide to us directly, such as purchasing a standalone course or subscription Your interactions with our Site and Services Information from our partners and customers
Internet or Other Electronic Network Activity Information (e.g., browsing history, search history, and information regarding your interactions with our Services)
Your interactions with our Site and Services
Information you provide to us directly or through your interactions with our Site and Services
Professional or Employment-Related Information
Information you provide to us directly Information from our customers, partners, or your employer
Information you provide to us directly or through your interactions with our Site and Services Information from our partners and customers
Audio, electronic, visual or similar information
Information you provide directly or through your interactions with our Services, customers or partners
We use this personal information for the purposes outlined in our Privacy Notice.
California Residents' Privacy Rights
California residents have rights to request access to or deletion of their personal information and may not be discriminated against because they exercise any of their rights under the California Consumer Privacy Act in violation of Cal. Civ. Code §1798.125. You can make requests as follows: (1) use our self-serve access and deletion tools available in your account settings or (2) send an email to firstname.lastname@example.org with details of your specific request. We may ask that you provide certain information to verify your identity, and the information we request from you will depend on your prior interactions with us and the sensitivity of the personal information at issue. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
You may designate an authorized agent to make a request under the CCPA on your behalf if: (1) the authorized agent is a natural person or a business entity registered with the Secretary of State of California; and (2) you sign a written declaration that you authorize the authorized agent to act on your behalf. We may ask that you provide certain information to verify your identity and that you authorized the authorized agent to act on your behalf. If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.
California residents also have the right to opt out of the sale of their personal information; Lifestyle Medicine University Foundation does not provide this option as we do not sell your personal information. If you have any questions or concerns regarding this CCPA Notice, please email email@example.com.
What are cookies
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Site or a third party to recognize you and make your next visit easier and the Site more useful to you. Essentially, cookies are a user’s identification card for the Lifestyle Medicine University Foundation servers. Web beacons are small graphic files linked to the servers that allow us to track your use of our Site and related functionalities. Cookies and web beacons allow Lifestyle Medicine University Foundation to serve you better and more efficiently, and to personalize your experience on our Site.
Cookies can be "persistent" or "session" cookies.
When you use and access the Site, we may place a number of cookies files in your web browser.
We use both session and persistent cookies on the Site and we use different types of cookies to run the Site:
In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Site and refine marketing efforts.
What are your choices regarding cookies
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use some or all of the features we offer. You may not be able to log in, store your preferences, and some of our pages might not display properly.
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there is currently no industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.
"Data Protection Laws" means any laws and regulations in any relevant jurisdiction, relating to privacy or the use or processing of data relating to natural persons, including without limitation: (a) EU Regulation 2016/679 ("GDPR") and any laws or regulations ratifying, implementing, adopting, supplementing, or replacing GDPR; and (b) the California Consumer Privacy Act of 2018 (“CCPA”) and any laws or regulations ratifying, implementing, adopting, supplementing, or replacing the CCPA; in each case, to the extent in force, and as such are updated, amended, or replaced from time to time.
"DP Regulator" means any governmental or regulatory body or authority with responsibility for monitoring or enforcing compliance with the Data Protection Laws. "Privacy Shield" means the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as administered by the U.S. Department of Commerce.
1.1 The terms "Data Subject", "Data Controller", "Personal Data" and "processing" shall have the meanings set out in in GDPR, except to the extent that any personal data or information applies to a California resident, in which case the equivalent and/or additional meanings (including for “Business”, “Service Provider”, and “Resident”) set out in the CCPA, shall apply.
1.2 The parties shall comply with the provisions and obligations imposed on them by the Data Protection Laws at all times when processing Personal Data in connection with this Agreement.
1.3 Each party shall maintain records of all processing operations under its responsibility that contain at least the minimum information required by the Data Protection Laws, and shall make such information available to any DP Regulator on request.
1.4 For avoidance of doubt, Lifestyle Medicine University Foundation is the processor of the Personal Data you/your organization provides, in order to invite users to the Lifestyle Medicine University Foundation platform (such as name and email address) or any additional profile information (such as title, team, manager, location, and others) that your organization may provide (collectively the “Invitation Data”). Lifestyle Medicine University Foundation is the controller of user data, information that is confirmed, inputted, or generated by users on the Lifestyle Medicine University Foundation platform.
(a) Lifestyle Medicine University Foundation, in its capacity as a processor of Invitation Data, uses the following sub processors to carry out its processing activities: Siteground and Amazon S3 hosting.
(b) Your organization grants Lifestyle Medicine University Foundation permission to use the above named sub-processors (that may change from time to time) in order to send invitation messages to the employees you designate to Lifestyle Medicine University Foundation.
1.5 To the extent that Lifestyle Medicine University Foundation (the "Receiving Party") receives Invitation Data from the other party (the "Providing Party"), the Receiving Party, acting as a new Data Processor/Service Provider of such Invitation Data, shall:
(a) comply with the provisions and obligations imposed on it as a Data Processor/Service Provider by Data Protection Laws at all times;
(b) take reasonable steps to ensure the reliability of all its personnel who have access to such Invitation Data, and ensure that any such personnel are committed to binding obligations of confidentiality when processing such Invitation Data;
(c) implement and maintain technical and organizational measures and procedures to ensure an appropriate level of security for such Invitation Data, including protecting such Invitation Data against the risks of accidental, unlawful or unauthorized destruction, loss, alteration, disclosure, dissemination or access;
(d) not transfer such Invitation Data outside the European Economic Area unless in accordance with applicable Data Protection Laws and, as applicable, in accordance with;
(i) the Privacy Shield framework; or
(ii) Standard Contractual Clauses;
(e) inform the Providing Party within 48 hours of becoming aware that any such Invitation Data is (while within the Receiving Party or its sub-processor’ or affiliates’ possession or control) subject to a personal data breach (as defined in Article 4 of GDPR) or is lost or destroyed or becomes damaged, corrupted or unusable;
(f) provide to the Providing Party and any DP Regulator all information and assistance necessary or desirable to demonstrate or ensure compliance with the obligations in this clause and/or Data Protection Laws;
(g) notify the Providing Party within two (2) business days if it receives a request from a Data Subject to exercise their rights under the Data Protection Laws in relation to that Data Subject's Invitation Data; and
(h) provide the Providing Party with its full co-operation and assistance in relation to any request made by a Data Subject to exercise their rights under the Data Protection Laws in relation to that Data Subject's Invitation Data.
1.6 To the extent that a Receiving Party receives any Personal Data from the Providing Party, the Providing Party warrants and represents that is has the right under applicable Data Protection Laws to share such Personal Data with the Receiving Party and that, where applicable, it has obtained all necessary consents from the Data Subjects whose Personal Data is being shared to do so.
1.7 If either party receives any complaint, notice, or communication which relates directly or indirectly to the processing of Personal Data by the other party or to either party's compliance with the Data Protection Laws, it shall as soon as reasonably practicable notify the other party and it shall provide the other party with reasonable co-operation and assistance in relation to any such complaint, notice or communication.
1.8 To the extent that a party is a Service Provider, as that term is defined in the CCPA, that party certifies that it shall not (a) sell the Invitation Data, (b) retain, use, or disclose the Invitation Data for any purpose other than for the specific purpose of performing its obligations under the Agreement, or (c) retain, use, or disclose the Invitation Data outside of the direct business relationship between the parties.
1.9 Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting.
STANDARD CONTRACTUAL CLAUSES (Processors)
For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection
Siteground, Amazing Hosting (the data exporter) and Lifestyle Medicine University Foundation, Inc. Address: 1740 Dell Range Blvd #181, Cheyenne, WY 82009, United States. Phone: +1 310-906-0366, Email: firstname.lastname@example.org (the data importer) each a “party”; together “the parties”,
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.
For the purposes of the Clauses:
(a) ‘personal data, ‘special categories of data, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
(b) ‘the data exporter’ means the controller who transfers the personal data;
(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) ‘the subprocessor’ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
Third-party beneficiary clause
Obligations of the data exporter
The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data, has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (I).
Obligations of the data importer
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred;
(d) that it will promptly notify the data exporter about:
(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,
(ii) any accidental or unauthorized access, and
(iii) any request received directly from the data subjects without responding to that request unless it has been otherwise authorized to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(f) at the request of the data, exporter to submit its data processing facilities for an audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.
Mediation and jurisdiction
Cooperation with supervisory authorities
The Clauses shall be governed by the law of the Member State in which the data exporter is established, namely the location of the data exporter.
Variation of the contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
Obligation after the termination of personal data processing services
APPENDIX 1 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses and must be completed and signed by the parties
The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix
Data exporter The data exporter is The Organization that will be using the data importer’s learning platform.
Data importer The data importer is An online learning and training platform.
Data subjects The personal data transferred concerns the following categories of data subjects: Employees or affiliates of the data exporter
Categories of data The personal data transferred concern the following categories of data: Primarily name and email address, potentially other fields such as employee ID to properly send invitations.
Special categories of data (if appropriate) The personal data transferred concern the following special categories of data: None
Processing operations The personal data transferred will be subject to the following basic processing activities: Inviting data subjects to the data importer’s platform.
APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses and must be completed and signed by the parties. Description of the technical and organizational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c):
INFORMATION, PHYSICAL, AND ORGANISATIONAL SECURITY STANDARDS
Data Importer maintains a risk-based approach to security assessments and will provide adequate and appropriate administrative, physical, technical, and organizational safeguards to uphold the protection, confidentiality, integrity, availability, and security of information covered by these Standard Contractual Clauses. Data Importer will not materially decrease the security standards contemplated at the time of contracting.
Security measures will be designed to:
Where appropriate, data will be encrypted in transmission and at rest, using industry-standard cryptographic techniques and secure management of keys.
Data Importer will take reasonable steps to ensure the reliability of its employees and other personnel having access to personal data covered by these Standard Contractual Clauses, and will limit access to such data to that personnel who have a business need to have access to such data, and have received reasonable training regarding the handling of personal data and pursuant to relevant Data Protection Laws.
Host & Partners
The Lifestyle Medicine Summit is hosted and organized by the Lifestyle Medicine University Foundation, a 501(c)3 non-profit volunteer charity organization with the mission to inspire healthy and conscious living through national or global awareness campaigns and scholarships in partnership with our affiliate, media, and institutional partners. Our partners may receive commission payments. Summit proceeds benefit Lifestyle Medicine Leadership in Healthcare by providing degree program scholarships to health professionals in disadvantaged communities.
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