Public Persona - Terms and Privacy Policy

BASIC TRANSLATION OF THE FINE PRINT BELOW:

●      You respect our creativity, work, and products, and won’t copy and/or use our work as your own.

●      You value us (and my site) too much to use it for illegal activity.

●      We value you and the information that you share with me, and will never share or use it inappropriately, illegally, or without your permission.

●      We provide this site to help you (and have covered all my legal bases to protect that).

●      If you have any questions, please contact us at hello@public-persona.com *Due to email volume, response times to your inquiries can range from 1 - 3 business days.

PUBLIC PERSONA HOURS OF OPERATION:

●      Monday - Friday 10 am to 6 pm EST.

●      We are officially closed on the following days: January 01, Martin Luther King Jr. Day, Memorial Day, July 03, July 04, Labor Day, Thanksgiving, December 24, December 25, and December 31.

TERMS & CONDITIONS

To access or use www.publicpersona.com (the “Site”), and to purchase services from the Site, you must be at least 18 years of age or older and have the requisite power and authority to agree to be bound by these Terms and Conditions. Anyone under the age of 18 is strictly prohibited from using the Site.

BY VISITING, VIEWING, AND/OR PURCHASING PRODUCTS OR SERVICES FROM THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THE FOLLOWING TERMS AND CONDITIONS.

USE OF SITE

The Site is provided solely for the use of customers and clients of Public Persona to provide you with information about us, to enable you to purchase our products and/or services. Any other use of the Site is strictly prohibited.  Information provided on the Site is related to branding, brand strategy, small business tips, style, fashion, and beauty tips, as well as marketing. Public Persona makes no guarantee that the information provided on the Site (the “Content”), regardless of its source , is complete, accurate, reliable, error-free, or current. Public Persona does not warrant the accuracy, correctness, or completeness of the Content, and disclaims all liability for any inaccuracy, error or incompleteness in the Content .

CONTENT AND OWNERSHIP

The information contained on this Site, including without limitation, all images, designs, photographs, writings, graphs, data, and other content (the “MATERIALS”) are the property of Public Persona and are protected by copyrights, trademarks, trade secrets, and/or other proprietary rights.Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this Site  for the authorized uses described above. In doing so, you must provide correct attribution to Public Persona.

AFFILIATE DISCLAIMER

Public Persona selectively participates in affiliate relationships. Through direct recommendations provided by Public Persona and/or by clicking on certain links on the Site, you may be directed to an affiliate or its website, where Public Persona may receive a pre-arranged benefit for recommending certain products and/or services. Public Persona only participates in affiliate relationships with products and/or services that Public Persona has itself  used; however, Public Persona’s recommendation of an affiliate in no way provides any guarantee of your experience with the recommended affiliate’s products and/or services.By agreeing to these Terms and Conditions, you agree that Public Persona is not liable for any negative outcome you may experience from utilizing a recommended affiliate’s products or services. 

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, agreement, payment, or assent you transmit through this Site , including but not limited to any consent you give to receive communications from Public Persona solely through electronic transmission. You agree that when you click on an “I agree,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer or mobile device, your agreement and/or consent will be considered legally binding and enforceable and the legal equivalent of your handwritten or electronic signature

LIMITATION OF LIABILITY

YOU AGREE THAT PUBLIC PERSONA  SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PUBLIC PERSONA  BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

1.    IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

2.    IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.

3.    SERVICE PROVIDER SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, THIRD PARTY VENDORS OR SUB-CONTRACTORS, USED IN CONNECTION WITH THE SERVICES OR THE PROJECT. 

4.    OUR LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICES THAT WE PROVIDE, ANY ADVICE THAT WE DISPENSE, OR ANY OTHER MATERIALS PROVIDED AS PART OF OUR SERVICES, IS LIMITED TO CORRECTION OF THE SERVICES OR MATERIALS. IF CORRECTION IS NOT POSSIBLE OR IMPRACTICAL, THEN OUR LIABILITY IS LIMITED TO A REFUND OF ANY FEES PAID TO DRAFT BY YOU UNDER THIS AGREEMENT. THIS LIABILITY LIMIT APPLIES TO ANY LEGAL THEORY OF DAMAGES, INCLUDING NEGLIGENCE, CONTRACT, WARRANTY, OR OTHERWISE AS MAY BE APPLICABLE. WE WON’T BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Public Persona , its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of these Terms and Conditions , violation of any law or regulation, or violation of any proprietary or privacy right.

ACCOUNT CREATION

In order to purchase a product and/or service, you will be required to provide information about yourself and/or your business including your name, email address, and other personal information. You agree that any registration information you give to Public Persona will always be accurate, correct and current. . You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. Public Persona reserves the right to refuse service based on your provision of inaccurate account information.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and Service, , violate any laws in your jurisdiction. ou agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services and/or products through the Site for non-commercial, legitimate purposes only.

RIGHT OF REFUSAL

Public Persona reserves the unlimited right to refuse service to any order, person or entity without obligation to assign reason for doing so. Public Persona also reserves the right to limit the number of participants in any given  workshop or online course. Public Persona may at any time change or discontinue any aspect or feature of the Site or Service.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. If you have signed up for a subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during introductory period).  Price may change at the end of your subscription period.  Your subscription will start as soon as your credit card is successfully charged.

If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.

CANCELLATIONS, REFUNDS AND RETURNS

All sales of digital products are final. All live online workshops, courses and  trainings being given during a specific time period are eligible for refunds for up to 3 days from the first day of class, and after that time period has passed, no refunds will be given. If you would  like to cancel a subscription you have with us, you can do so at any time, and you will not be charged effective the following billing period. Current payments for that period will not be refunded.   All pre-order digital products are refundable at any time prior to delivery. After the digital product has been delivered, the sale is final and no refunds will be processed. Refunds are not offered for consulting sessions, however, should you wish to postpone your session, we will honor it for up to 1 year after purchase.

INTELLECTUAL PROPERTY

All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of Public Persona. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and  to pursue all available legal remedies against you if you violate this intellectual property policy.

PRODUCT/SERVICE DESCRIPTION

We endeavor to describe and display the Product and/or Service as accurately as possible. While we try to be as clear as possible in explaining the Product and/or Service, by using the Site you acknowledge that the Product and/or Service descriptions may not be  entirely accurate, current, or error-free.

AMENDMENTS TO TERMS AND CONDITIONS

Public Persona reserves the right to amend these Terms and Conditions from time to time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HOM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

No Guarantee of Results: We provide information as-is; it's up to you to act on it. Your organization needs to be structured such that it can accept our advice and use it meaningfully. Additionally, we make no guarantee about the number of leads, sales, or any return on investment resulting from our work with you.

General Disclaimer.

1. Client agrees and acknowledges that Public Persona is not a business coach or health (mental or physical) coach and the Services are not intended to be a substitute for any professional advice, whether financial, legal, health related, or otherwise.  Please consult a licensed professional should you need advice relating to your business or your personal health.  Public Persona does not guarantee the quality, accuracy, completeness or timelines of the information provided to Client in connection with the Services.  All information provided to Client is only an estimate and may contain errors. By using the Services you agree that Public Persona shall not be responsible for any direct, indirect, special, incidental or consequential damages or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of Services or in reliance on the information made available to the Client in connection with the Services, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action.

1.    Force Majeure. The Public Persona shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Public Persona including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

2.    Assignment. Client shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Public Persona. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Client of any of its obligations under this Agreement.

3.    Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

4.     ACCEPTANCE OF TERMS. The action of viewing and accepting of this agreement via electronic method will hold both parties in acceptance of these terms. Public Persona, as sender and the Client /Customer as recipient will acknowledge the acceptance of these terms through acceptance at the time of purchase.  Upon payment of specified amount and acknowledgement of terms and conditions be considered legal and binding.

Entire Agreement: This is our entire Agreement. It supersedes all other discussions, understandings, and negotiations between us, if any.

PRIVACY POLICY

Your privacy is important to Public Persona, LLC.  Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

1.   Who We Are

Public Persona, LLC (doing business as Public Persona and Mirror Brand) collects, uses and is responsible for certain personal information about you.

2.  Children’s Online Privacy Protection Act

This website and any products and services offered herein are not intended for persons under the age of 13. Public Persona, LLC does not knowingly collect information from anyone under 13 years of age. Public Persona, LLC prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Public Persona, LLC will not knowingly collect personally identifiable information from children under 13. If Public Persona, LLC learns it has any information or content from anyone under the age of 13, it will delete that information.

3.  The Personal Information We Collect and Use

a. Information Collected by Us

Public Persona, LLC may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails, courses, programs or free gifts, fill out any type of form, access private membership pages, or otherwise contact Public Persona, LLC via an online form or e-mail. The information collected may include your name, e-mail, address, phone number, and/or billing information. You are not required to provide any personally identifiable information to merely access or visit this website. 

If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.

b.   Information Collected from Other Sources

We also obtain you name and email from other sources, such as Calendly or Acuity.

c. How we use your personal information

Public Persona, LLC collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, and improve website performance and customer service.

d.  Who We Share Your Personal Information With

Public Persona, LLC respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.

We do, however, disclose your personal information to our third party service providers who perform services on our behalf (such as our web hosting provider, credit card processors and shipping companies). Where we use service providers who might have access to your personal information, we require them to have privacy and security standards that are comparable to ours. We use contracts and other measures with our service providers to maintain the confidentiality and security of your personal information and to prevent it from being used for any other purpose.Some of our service providers who we disclose your personal information to as contemplated in, and in accordance with, this privacy policy may be located in jurisdictions outside the United States. As a result, your personal information may be used, stored and/or accessed in countries outside of the US, including without limitation to Israel. However, all such personal information will be protected in accordance with this privacy policy. Please note that when your personal information is located outside of the United States it will be subject to the laws of the country in which it is situated and these jurisdictions may not have an equivalent level of data protection laws as those in your country. The third-party recipients are based outside the European Economic Area — for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.

Public Persona, LLC may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.

If you give Public Persona, LLC your permission, it may also use personal identification information for internal or external marketing and promotional purposes.

On occasion, Public Persona, LLC may collect personal identification information from you in connection with optional contests, special offers or promotions. Public Persona, LLC will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.

We will not share your personal information with any other third party.

e. Whether Information Has to Be Provided by You and Why

The provision of name and e-mail is required from you to enable us to send your free downloads and/or purchase products or services from the site. We do not require you to provide any personal data in order to simply visit the site. We will inform you when we collect it whether you are required to provide the information to us.

f.  How Long Your Personal Information Will Be Kept

We will only retain your personal information (e.g. name, address and contact details) as long as is necessary for the fulfillment of the purposes for which it was collected or as required by law. Your personal information is securely stored until such time as it is no longer required, after which it is destroyed, rendering it unable to identify you.

g.   Reasons We Can Collect and Use Your Personal Information

Public Persona, LLC collects and uses your personal information to further the following legitimate interests] : send e-mails, fulfill orders, deliver services and products and complete customer transactions.

4.   Use and Transfer of Your Information Out of the EEA

This website is operated in the United States and third parties with whom we might share your personal information as explained above are [also] located in the United States and Israel.  If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that the United States and Israel provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

If you would like further information, see “How to contact us” below.  We will not otherwise transfer your personal data to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

5. Your Rights

If you want to unsubscribe from receiving e-mails from Public Persona, LLC, you may do so at any time. Each e-mail from Public Persona LLC. includes instructions for unsubscribing from these e-mail communications.

If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:

• Fair processing of information and transparency over how we use your use personal information

• Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address

• Require us to correct any mistakes in your information which we hold

• Require the erasure of personal information concerning you in certain situations

• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

• Object at any time to processing of personal information concerning you for direct marketing

• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

• Object in certain other situations to our continued processing of your personal information

• Otherwise restrict our processing of your personal information in certain circumstances

You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ .

If you would like to exercise any of those rights, please:

• Email, call, or write to us

• Provide us enough information to identify you (name and email address)

• Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill)

• Provide us with the information to which your request relates (including any account or reference numbers, if you have them)

6. Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

Please note that any comments or information that you post on the website, including the Public Persona membership sites and social media pages, become public and third parties may use your information. Public Persona LLC. is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.

7. Links to Other Sites

You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties.  Any products or services reached through a third-party link are subject to separate privacy policies. Public Persona LLC. is not responsible for or liable for any content on or actions taken by such third-party websites.

8. How to Complain

We hope that we can resolve any question or concern you raise about our use of your information.

If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

9.  Changes to This Privacy Notice

This policy is effective as of August 1, 2018.  We may change, modify or update this Privacy Policy at any time and will notify you of any such changes by email or postal mail.

10.  How to Contact Us

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact Sarah Ancalmo Ashman at hello@public-persona.com

11.  Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

THE END