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Mackness Coaching
Privacy Policy and
Terms & Conditions

www.macknesscoaching.com

Privacy Policy 

Type of website: Life Coaching Services 

Effective date: 21st day of October 2023 

 

www.macknesscoaching.com (the "Site") is owned and operated by Michelle Mackness. Michelle Mackness is the data controller and can be contacted at: 
 
michelle@macknesscoaching.com 
(604) 828-1986 
17318 106 Ave NW, Edmonton, AB T5S 1H9 

 

Purpose 

The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following: 

  • The personal data we will collect. 

  • Use of collected data. 

  • Who has access to the data collected. 

  • The rights of Site users. 

  • The Site's cookie policy. 
     

This policy applies to information we collect, use, or disclose about you:  

  • On this Site. 

  • In email, text, and other electronic messages between you and the Site. 

 

This Privacy Policy applies in addition to the terms and conditions of the Site. 

 

 

Privacy Laws adhered to by the Site 

For users in Canada, the Site adheres to the the10 fair information principles to protect personal information, which are set out in Schedule 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) (revised May 2019). 

 

Note: The Site and Mackness Coaching do not provide health or clinical counselling services and therefore the Site is exempt from provincial health information laws. 

 

For users in the EU, the Site adheres to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR).  

 

For users in the United Kingdom, the Site adheres to the GDPR as enshrined in the Data Protection Act 2018. 

 

For users in the United States, though you may be located in California, Virginia, Colorado, Utah, or Connecticut, the Site does not meet the thresholds for the applicability of the CCPA/CPRA, VCDPA, CPA, UCPA, or CTDPA and is therefore exempt from said privacy laws. The Site and Mackness Coaching do not provide any medical services to residents of the US; therefore the Site is exempt from Health Insurance Portability and Accountability Act of 1996 (HIPAA).  

 

Re Canada’s PIPEDA and the EU and UK GRDP 

In 2001, the EU recognized Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) as providing adequate protection. 

The Canada-United Kingdom Trade Continuity Agreement entered into force on April 1, 2021. 

 

 

Consent 

By using our Site users agree that they consent to:  

The conditions set out in this Privacy Policy. 

When the legal basis for the Site processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful. 

Canada: You can withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice, and the Site must inform individuals of the implications of withdrawal of consent. 

EU/UK: You have the have the right to withdraw your consent at any time. 

If you have any questions about this Site's privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact by emailing the data protection officer, Michelle Mackness, at michelle@macknesscoaching.com

 

 

Legal Basis for Processing 

Canada: The Site collects and process personal data about users in Canada only when we have a legal basis for doing so under Section 5 of PIPEDA.  

The Site relies on the following legal bases to collect and process the personal data of users in Canada. 

  • Consent: The Site may process your personal data if you have given us specific consent to do so. 

  • Contract: We may process your personal data if it is necessary for the performance of a contract to which you are a party. 

  • Legal obligation: We may process your personal data if we are required to do so by law, including under the Personal Information Protection and Electronic Documents Act (PIPEDA). 

  • Legitimate interests: We may process your personal data if it is necessary for our legitimate interests and does not override your rights and freedoms. 

  • Our legitimate interest(s) are: This Site collects your data so that I can contact you and provide non-identifying metadata to interested parties. 

 

EU/UK: The Site collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. The EU’s GDPR set a global standard for data, and the UK has now made this its own domestic standard. 
 
We rely on the following legal bases to collect and process the personal data of users in the EU/UK: 

Users have provided their consent to the processing of their data for one or more specific purposes. 

Processing of user personal data is necessary for us or a third party to pursue a legitimate interest. Our legitimate interest is not overridden by the interests or fundamental rights and freedoms of users. Our legitimate interest(s) are: This Site collects your data so that I can contact you and provide non-identifying metadata to interested parties. 
 

 

Personal Data We Collect 

We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first. 

 

Data Collected Automatically 

When you visit and use our Site, we may automatically collect and store the following information: 

  • IP address. 

  • Content viewed. 

Data Collected in a Non-Automatic Way 

  • The information we collect directly from your on or through the Site may include: 

  • Information that you voluntarily provide by filling in forms on the Site. 

  • Records and copies of your voluntary correspondence (including email addresses), if you contact us. 

  • When you voluntarily provide feedback on any of the Site's digital content or use or view our website via your browser’s cookies. 

How We Use Personal Data 

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy. 

 

Reasons we use information that we collect about you or that you provide to us, including any personal information: 

  • To present the Site and its contents to you. 

  • To provide you with information, products, or services that you request from the Site. 

  • To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it. 

 

The data we collect automatically is used for the following purposes: 

  • We receive, collect and store any information you enter on our website or provide us in any other way. 

  • We may use software tools to measure and collect session information: including page response times; length of visits to certain pages; page interaction information; methods used to browse away. 

  • The Site may provide non-identifying metadata to interested parties. 

 

The data we collect when you perform certain functions may be used for the following purposes: 

  • The Site collects your data so that we can send you information and provide non-identifying metadata to interested parties. 

 

 

With Whom We Share Personal Data 

Employees 
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy. 

 

Other Disclosures 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

 

The Site may disclose personal information that it collects, or you provide as described in this privacy policy: 

  • In accordance with applicable law. 

  • To fulfill the purpose for which you provide it. 

  • For any other purpose disclosed by us when you provide the information. 

  • With your consent. 

 

The Site will not sell or share your data with other third parties, except in the following cases: 

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law. 

  • To enforce or apply our terms of use. 

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of you or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection. 

  • To buyers or potential buyers of this company in the event that the Site seeks to sell the company. 

 

If you follow hyperlinks from our Site to another site, please note that we are not responsible for and have no control over their privacy policies and practices. 

 

 

How Long We Store Personal Data 

User data will be stored until the purpose the data was collected for has been achieved. 
 
You will be notified if your data is kept for longer than this period. 

 

 

How We Protect Your Personal Data 

The security of your personal information is very important to the Site. The Site uses physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  

 

The Site is hosted on the Wix.com platform. Wix.com provides the platform through which the Site informs you of our services and enables you to make bookings and payments. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 
 

While the Site takes all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore, we are unable to guarantee the security of user data beyond what is reasonably practical. 

 

 

International Data Transfers 

We transfer user personal data to the following countries: Canada, USA, UK, EU 

When we transfer user personal data we will protect that data as described in this Privacy Policy and comply with applicable legal requirements for transferring personal data internationally. 

 

If you are located in the United Kingdom or the European Union, we will only transfer your personal data if: 

  • The country your personal data is being transferred to has been deemed to have adequate data protection by the European Commission or, if you are in the United Kingdom, by the United Kingdom adequacy regulations, which Canada has (see Privacy Laws adhered to by the Site above) 

  • As per the EU-U.S. Data Privacy Framework, the European Commission concludes that the United States ensures an adequate level of protection – comparable to that of the European Union – for personal data transferred from the EU to US companies under the new framework. 
     

 

Your Rights as a User 

The Site follow the 10 fair information principles to protect personal information, which are set out in Schedule 1 of PIPEDA: 

  • Accountability 

  • Identifying Purposes 

  • Consent 

  • Limiting Collection 

  • Limiting Use, Disclosure, and Retention 

  • Accuracy 

  • Safeguards 

  • Openness 

  • Individual Access 

  • Challenging Compliance 

 
Under the GDPR (EU or UK) you have the following rights: 

  • Right to be informed. 

  • Right of access. 

  • Right to rectification. 

  • Right to erasure. 

  • Right to restrict processing; 

  • Right to data portability. 

  • Right to object. 
     

 

Children 

We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our data protection officer. 

 

 

How to Access, Modify, Delete, or Challenge the Data Collected 

If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to whom we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under JPIPEDA or the GDPR, please contact our data protection officer here: 
 
Michelle Mackness 
michelle@macknesscoaching.com 
(604) 828-1986 
17318 106 Ave. NW, Edmonton, AB, T5S1H9 

 

 

Do Not Track Notice 

Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals. 

 

 

Cookie Policy 

A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience. 

We use the following types of cookies on the Site: 

  • Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits. 

  • Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc. 

  • Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalize the information you see on our Site for you. 
     

 

Modifications 

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy, we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy. 

 

 

Complaints 

If you have any complaints about how the Site processes your personal data, please contact us through the contact methods listed in the Contact Information (below) section so that we can, where possible, resolve the issue.  

If you feel we have not addressed your concern in a satisfactory manner, you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Office of the Privacy Commissioner of Canada. 

 

 

Contact Information 

If you have any questions, concerns or complaints, you can contact the Site’s data protection officer, Michelle Mackness, at: 
michelle@macknesscoaching.com 
(604) 828-1986 
17318 106 Ave. NW, Edmonton, AB, T5S 1H9 

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Mackness Coaching | TERMS AND CONDITIONS 

These terms and conditions (the "Terms and Conditions") govern the use of www.macknesscoaching.com (the "Site"). This Site is owned and operated by Mackness Ltd. This Site is a life coaching site. 
 
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. 

 

Intellectual Property 

All content published and made available on our Site is the property of Mackness Ltd., Michelle Mackness, and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. 

 

Acceptable Use 

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: 

  • Harass or mistreat other users of our Site. 

  • Violate the rights of other users of our Site. 

  • Violate the intellectual property rights of the Site owners or any third party to the Site. 

  • Hack into the account of another user of the Site. 

  • Act in any way that could be considered fraudulent. 

  • Post any material that may be deemed inappropriate or offensive. 

 

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site. 

 

Limitation of Liability 

Mackness Ltd. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. 

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 

 

 

Indemnity 

Except where prohibited by law, by using this Site you indemnify and hold harmless Mackness Ltd., Michelle Mackness and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. 

 

Applicable Law 

These Terms and Conditions are governed by the laws of the Province of Alberta. 

 

Additional Terms 

If you have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Site. 

 
 

Severability 

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. 

 

Changes 

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site. 

 

Contact Details 

Please contact us if you have any questions or concerns. Our contact details are as follows: 
 
(604) 828-1986 
mackness.coaching@gmail.com 
Edmonton, AB 

 

You can also contact us through the Contact Me form available on our Site. 

 

Effective Date: 24th day of October, 2023 

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