PROGRAMMA OVEREENKOMST VOOR DEELNEMERS
TERMS AND CONDITIONS
This agreement is entered into by and between Stichting Art of Living Nederland on behalf of itself and its affiliates and licensors (“Organization”), and you as user of this website and potential participant in one or more programs of learning administered by the Organization (the “program” or “programs”).
I understand that any benefits derived from this program depend upon the extent of my participation. I accept full responsibility for the outcome of taking the program and I willingly agree to follow all instructions and participate fully.
I will not disclose the content of the program to anyone. I will not attempt to instruct others in the techniques used in the program unless and until I have received the relevant Organization teacher training and have been certified by the Organization to teach this program.
I acknowledge that I am not authorized to release the contents of any programs or any parts thereof provided to me by the Organization to any third party without the written authorization of the Organization. I confirm that the Organization’s techniques and exercises I learn constitute private and confidential information and I will neither (1) share this information with or teach this information to others except with the prior written permission of the Organization, nor (2) practice the techniques and exercises outside of the Organization program environment except as otherwise instructed by my Organization teacher. I further acknowledge that the contents of Organization programs constitute the intellectual property of the Organization, and that I may be liable under applicable law for any unlawful use, disclosure, copying, modification or creation of derivative works of such contents except as explicitly authorized by the Organization.
Notwithstanding anything stated to the contrary in the foregoing, nothing contained herein shall apply to any confidential information, program content or technique of Organization which is or subsequently becomes readily available to the public other than by breach by the receiving party of the undertakings in this User Agreement; or is approved for release by written authorization of the Organization.
I grant unrestricted rights to the Organization to use my image, name, voice and likeness for written, audio and/or visual presentations on behalf of the Organization. I understand that the written, audio and/or visual presentations may be used in print, broadcast and online promotions to advance the purposes of the Organization around the world. If I wish to withhold or withdraw this grant of rights, I may do so by writing to the Organization at email@example.com.
This agreement is governed by the laws of Netherlands and shall be subject to the exclusive jurisdiction of the Courts in Netherlands. Any failure to enforce any provision of this agreement shall not constitute a waiver thereof or of any other provision hereof.
Refund and Transfer Policy
After the start of the course, the course fee is non-refundable. The following administrative fees will be charged for all refund requests received prior to the start of a course except when courses are canceled or rescheduled:
Happiness Program: EUR 35
Art of Meditation Course: EUR 35
YES Plus: EUR 35
YES: EUR 35
Art of Silence Course: EUR 150
If a participant cannot attend the course, the course registration and full course fee can be transferred to another course of the same course type within 90 days after the end of the course originally registered for. The course is not transferrable to another person.
Waiver of Liability, Assumption of Risk, Indemnity Agreement, and Release
As a condition for, and in consideration of the right to participate in any way in any program provided by the Organization (as defined above), I, for myself, my personal representatives, assigns, heirs, and next of kin acknowledge and agree as follows:
- The nature of Organization programs requires me to be qualified, in good health, and in proper physical condition to participate in such programs. If, at any time, I believe or am advised that the conditions of an Organization program may be unsafe for me, I will immediately discontinue further participation.
- Organization programs involve risk of personal injury which may be caused by my own actions or inactions, the actions or inactions of others participating in the programs, the conditions in which the programs take place, or the acts or omissions of others, and that there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time (“Risks”);
- I fully accept and assume all Risks and all responsibility for losses, costs, and damages I may incur as a result of my participation in Organization programs.
I hereby release, discharge, and covenant not to sue or hold responsible in any manner whatsoever, the Organization, its affiliates, administrators, directors, agents, officers, members, volunteers, and employees, other participants, officials, owners and lessees of premises on which the programs are conducted (the “Released Parties”), from all liability, claims, demands, losses, or damages on my account caused, or alleged to be caused, in whole or in part by the acts, omissions or negligence of any of the Released Parties and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of them from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
By selecting the box marked “yes” and agreeing to this Waiver, I acknowledge that I am at least 18 years of age, have carefully read and fully understand this waiver of liability, assumption of risk, indemnity agreement and release, understand that I have given up substantial rights by agreeing to this waiver,, have agreed to it freely and without any inducement or assurance of any nature, and intend this to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
The organization understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits our website and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and our obligations under the law.
We have adopted the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”). The GDPR governs the way in which we collect, use, disclose, store, secure and dispose of your personal information.
III. APPLICATION OF NATIONAL LAWS
Our website is not intended for individuals under 18 years of age, without the valid consent of their parent or guardian. If we learn that we have collected or received personal information from an individual under age 18 without verification of legal guardian or parental consent, we will delete that information. If you believe that we might have any information from or about a child under age 18, please contact us at firstname.lastname@example.org.
V. DATA COLLECTION
Some data will be collected automatically by our website, other data will only be collected if you voluntarily submit it and consent to us using it for the purposes set out herein. Automatically collected data includes: (1) Information about the browser type and version used; (2) your operating system; (3) your Internet service provider; (4) your IP address; (5) Date and time of access. In the event of abuse, we may block certain IP addresses.
VI. USE OF DATA
a) All personal data is stored securely in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
b) We use your data to provide the best possible services to you. This includes: (i) Providing and managing your account; (ii) Providing and managing your access to our website; (iii) Personalising and tailoring your experience on our website; (iv) Supplying our products and services to you; (v) Personalising and tailoring our products and services for you; (vi) Responding to communications from you; (vii) Supplying you with newsletters, alerts etc. via email, that you may have subscribed to and that you may unsubscribe or opt-out at any time by clicking on the unsubscribe link from such emails or from your account profile; (viii) Market research and (ix) Analysing your use of our website and gathering feedback to enable us to continually improve our website and your user experience.
c) In some cases, the collection of data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you without your consent for us to be able to use such data.
d) With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email, telephone, text message, post and/or messaging services with information, news and offers on our products and/or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the applicable relevant laws.
f) Legal basis: Under GDPR, we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies: (i) you have given consent to the processing of your personal data for one or more specific purposes; (ii) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract; (iii) processing is necessary for compliance with a legal obligation to which we are subject; (iv) processing is necessary to protect the vital interests of you or of another natural person; (v) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller and/or processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
g) Sensitive Information: Sensitive information is defined in the GDPR. Sensitive information will be used by us only: (i) For the primary purpose for which it was obtained; (ii) For a secondary purpose that is directly related to the primary purpose; and/or (iii) With your consent; or where required or authorised by law.
VII. STORAGE OF DATA
a) We only keep your data for as long as we need to in order to use it as described in the above section (Use of Data), and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your data.
b) Some or all of your data may be stored or transferred outside of the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein. You are deemed to accept and agree to this by using our website and submitting information to us. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage and the use of the EU-approved Model Contractual Arrangements.
c) Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our website.
Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting data to us via the internet.
VIII. SHARING OF DATA
a) We may share your data within the Organization and we may contract with third parties to supply products and services to you on our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under applicable relevant law.
b) We may compile statistics about the use of our website including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties. Data will only be shared and used within the bounds of the law.
In certain circumstances we may be legally required to share certain data held by us, which may include your personal information, for example, where we are involved in legal proceedings, where we are complying with the requirements of legislation, a court order, or a governmental authority. we do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of us.
IX. USER OPTIONS
a) When you submit information via our website, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and by managing your account preferences).
b) you may also wish to sign up to one or more of the preference services operating in your country. These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
c) It is important to us that your data is up to date. We will take reasonable steps to make sure that your data is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
X. RIGHT TO WITHDRAW INFORMATION
a) You may access certain areas of our website without providing any data at all. However, to use all features and functions available on our website you may be required to submit or allow for the collection of certain data.
c) You may withdraw your consent for us to use your personal data at any time by deleting your account or by contacting us using the details set out herein below, and we will delete your data from our systems. However, you acknowledge this may limit our ability to provide the best possible products and services to you.
XI. ACCESS TO DATA
You may access your personal data we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your personal data, please access it through your account.
On request by you, we will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your personal data, unless otherwise requested by you, the information shall be provided in a commonly used electronic form.
In order to protect your personal data, we may require identification from you before releasing the requested information.
XII. SUMMARY RIGHTS UNDER GDPR
Under the GDPR, you have: (i) the right to request access to, deletion of or correction of, your personal data held by us; (ii) the right to complain to a supervisory authority; (iii) be informed of what data processing is taking place; (iii) the right to restrict processing; (iv) the right to data portability; (v) object to processing of your personal data; (vi) rights with respect to automated decision-making and profiling.
XIII. AUTOMATED DECISION-MAKING AND PROFILING
a) In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
b) The right described in the section above, does not apply in the following circumstances: (i) The decision is necessary for the entry into, or performance of, a contract between you and us; (ii) The decision is authorised by law; or (iii) you have given your explicit consent.
c) Where we use your personal data for profiling purposes, the following shall apply: (i) Clear information explaining the profiling will be provided, including its significance and the likely consequences; (ii) Appropriate mathematical or statistical procedures will be used; (iii) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and (iv) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
XIV. CONTACT US
b) If, after contacting us, you feel that your concerns have not been addressed to your satisfaction, you can contact our data protection officer at email@example.com. (This is only applicable for EEA).