Privacy policy - Terms and conditions

​1. Definitions

"You”: A legal person acting as an individual or on behalf of an entity
“I”, “me”, “my”:  Michaela Kettner as the owner of this Site and the offered Services
“Site”: This website https://www.michaela-kettner.coach/ including any sub-domains, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto
“Services”: Offered services by me personally and in which you actively participate by individual engagement. This means my offered coaching programs, mentorings and online courses.
“Content”: All source code, functionality, software, website designs, audio, video, text, photographs, names and graphics of this Site and my Services.

2. Application

 These terms and conditions apply for each individual access and usage of Site and as well as each individual engagement and participation for and in all of my offered Services. These Terms and Conditions constitute a legally binding agreement made between you and me.

3. Agreement to terms

You agree that by accessing the Site and/or by using my Services, you have read, understood, and agree to be bound by all of these Terms and Conditions . Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. I reserve the right, in my sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason . Should you use my Services during a material change to these Terms and Conditions, you have the possibility to decline the change for the time of using my Services.

4. Intellectual property rights

The information provided on the Site or by my offered Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 
Unless otherwise indicated, the Site and my offered Services are my proprietary intellectual property. All content is owned and controlled by me..
The Content is provided on the Site and via the Services “AS IS” and “AS AVAILABLE” for your information and personal use only. No part of the Site, no Content and no material that I provide you additionally on request in the frame of my Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.

5. Modifications and corrections 

I reserve the right to change, modify, or remove the contents of the Site and/or the contents of my Services at any time or for any reason at my sole discretion without notice. However, I have no obligation to update any information on this Site. I also reserve the right to modify or discontinue all or part of the Site without notice at any time. Should you use my Services during a material change applied to it, you have the possibility to decline the change for the time of using my Services.
I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site and/or the Services.        
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

6. Usage of this Site

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for any offered services at this Site.
You may not access or use the Site for any purpose other than that for which I make the Site available.
By using this Site, you warrant that all registration information you submit will be true, accurate, current, and complete. By submitting your information to this Site, you agree with the Privacy Policy. You must inform me immediately of any changes to the information that you provide when registering by updating your personal details to ensure I can communicate with you effectively.
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. You will not use the Site for any illegal or unauthorized purpose.
You must not to use the Site as part of any effort to compete  with me or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
You agree not to use this Site in a manner contrary  with any applicable laws or regulations.
 

7. Processing and scope of Services

On this Site I offer Services to you and the possibility to register for one (1) free consultation. You can register for the free consultation by selecting the Services from the range I offer on the Site and submitting the related contact request (see 6. Usage of this Site).
After receiving your contact request, you and me will agree on a date and timeslot for the free consultation. I will do so by replying to the e-mail address provided with the request. The consultation itself will then be held as an online meeting via Zoom. In this free consultation I will make you an offer about my offered Services. If you accept the offer verbally in this free consultation and agree on purchasing my Service, we will agree on a start date of the coaching program and the Service agreement is concluded by a confirmation e-mail from me to you. After receiving the confirmation, you also receive the invoice for the Service also via e-mail from the platform ukko.fi. The invoice contains the fee for the entire coaching program and must be paid before the start of the program . By paying the fee you agree on the participation in my Services.
The detailed designation and a list of the scope of the Services are provided on the Site and other media used. The coaching program itself is a combination of media provided via my website (or sub-domains of it), that are made accessible to you during the coaching program, and personal coaching. The access to the media will still be possible for you after completing the coaching program. The personal coaching takes place via online meetings via Zoom within the frame and schedule that are agreed with the customer on an individual basis. The frame and schedule of the coaching program are also detailed in the invoice that you receive.

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There is no fundamental right to participate in my provided Services. I reserve the right to reject offers and registrations without giving reasons.
The contract is concluded in English language. All media, personal support and communication during this coaching programme are in English language as well.
 
The Service itself contain the content as described on this Site and/or as agreed  in the free consultation and listed on the invoice. The Service is provided as a combination of digital and personal manner for private individuals. All digital content is provided via this Site. The personal service is provided online via my personal Zoom meeting room.

8. Prices and terms of payment 

The prices of the Services valid on the day of booking apply, as shown on the Site. The prices displayed on the Site are given in euros and do include the applicable statutory value-added tax (VAT).
All payments are due immediately after receipt of the invoice without any deductions. You are not allowed to pay for the Services by sending cash or checks.
You agree to receive invoices electronically.
The invoicing and payment process is managed via ukko.fi.

9. Time of the provision of the service

The time at which the Service is provided is agreed between you and me and begins after receipt of the customer’s payment. In the event of delays in the time of provision of the service, I will inform you immediately.  In case of serious delays in the sense of “force majeure”, you have the right to determinate the agreement. In this case you will receive a proportional refund of money.

10. Cancellation and rebooking

Registration for any type of event, consultation or mentoring program is binding. Each participant is responsible for their own participation. Entry fees are non-refundable in the event of no-show from your side. In the event of a no-show, rebooking or cancellation of service during its provision time, the entire fee will be charged without deduction.
I reserve the right to cancel a service on short notice in severe circumstances such as illness. In this case I will try to organize an alternative date for providing the service. If you and me cannot agree on an alternative date, the entire fee will be refund.

11. General information to the provided Services

The Services are based on cooperation. Participation in the coaching programmes requires independent willingness to learn. I will provide all my knowledge and experience to ensure you the most positive result according to the specification of the Services on my Site. I can however not guarantee a particular success for these processes. I am your process companion and provide assistance, samples and instructions. The realization of my tools, instructions and exercises are your sole responsibility.
The Content I use and provide are samples that you have to adapt to your needs. No liability is assumed for the completeness and currency of the Content. 
I reserve the right to optimize and adapt the content at any time.
You are fully responsible for your physical and mental health during the time of the provided service. All measures that you may take based on the Content of the Site and the instructions given in the coaching programme are your own responsibility. If you have a mental illness / have been diagnosed by a doctor, ask your doctor whether my service is the right choice for you. I reserve the right to refuse you as a participant in my Services in case of medical objections.

12. Confidentiality by both parties

I undertake to maintain confidentiality about all confidential information from you for the duration and also after the end of the programme and the provided services.
You are obliged to maintain silence about all information that is to be treated as confidential and of which you gain knowledge during the programme and to only use it with third parties with the prior written consent of me. This also applies to all documents that you receive from me or that you have access to as part of the coaching programme.

13. Miscellaneous

These Terms and Conditions posted by me on the Site constitute the entire agreement and understanding between you and me.  These Terms and Conditions operate to the fullest extent permissible by law. I may assign any or all of my rights and obligations to others at any time. I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond my reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and me as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against me by virtue of having drafted them.

14. Privacy policy

This Privacy Policy explains my practices regarding the collection, use and disclosure of your information through your use of my Content and Services when you access the Services through your devices.
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Please read the privacy policy carefully and make sure you fully understand my practices in relation to your data before using my services. If you have read this policy, fully understood it and do not agree with my approach, you must stop using Content  and Services. By using my Services, you accept the terms of this privacy policy. Further use of the Services constitutes your acceptance of this privacy policy and all changes to it.
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This data protection declaration applies to all sub-pages of this Site, regardless of how you access or use the pages, including access via mobile devices. I can change this data protection declaration at any time by publishing the changed version including the date on this page.
The operators of this Site take the protection of your personal data very seriously. I treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
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My Site can usually be used without providing personal data. Insofar as personal data (e.g. name, address or email address) is collected on this Site, this is always done on a voluntary basis.
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I would like to point out that data transmission over the Internet (e.g. when communicating by email) can have security gaps. A complete protection of the data against access by third parties is not possible.

15. What data is collected?

• Unidentified and unidentifiable information that you provide during the registration process or that is collected through the use of my services ("non-personal data"). Non-personal data does not allow any conclusions to be drawn about who collected it. Non-personal information that I collect consists primarily of technical and aggregate usage information.

• Individually identifiable information, i.e. all those through which you can be identified or could be identified with reasonable effort (“personal data”). The personal information I collect through my services may include information that is requested from time to time, such as names, email addresses, addresses, phone numbers, IP addresses, and more. If I combine personal data with non-personal data, I will treat these as personal data as long as they exist in combination.

16. How is the data collected?

• I collect data when you use my services. So when you visit my digital assets and use services, I can collect, record and store the usage, sessions and related information.

• I collect data that you provide to me yourself, for example when you contact me directly via a communication channel (via the contact formular of this Site or an email with a comment or feedback).

17. Why is data collected?

• to provide and operate my services;

• to develop, customize and improve my services;

• to respond to your feedback, inquiries and requests and offer help;

• to analyse requirement and usage patterns;

• for other internal, statistical and research purposes;

• to improve my data security and fraud prevention capabilities;

• to investigate violations and to enforce my terms and conditions and to comply with applicable law, regulations or government orders;

• to provide you with updates, news, promotional materials and other information related to my services. In the case of promotional emails, you can decide for yourself whether you want to continue receiving them. If not, just click the unsubscribe link in those emails.

18. Who do I share this data with?

Insofar as personal data (name, email address and contact details) is collected on my Site, this is always done by you on a voluntary basis. With providing your personal data (name, email address and contact details) via the contact formular of this Site, you agree that this data is transferred to third parties for the usage of digital services (email and data storage).
Without your express consent, personal data will not be passed on to third parties for any other reason than the mentioned digital services,, except of the following circumstances

• to investigate, detect, prevent or take action against illegal activities or other misconduct;

• to establish or exercise my rights of defence;

• to protect my rights, property, or personal safety, and the safety of my users or the public

To avoid misunderstandings, I would like to point out that I can transfer or pass on or otherwise use non-personal data to third parties at my own discretion.
I will not pass on your email address or other personal data to advertising companies or advertising networks without your consen

19. Usage of cookies

When you visit or access my services, I authorize third parties to use web beacons, cookies, pixel tags, scripts and other technologies and analysis services (“tracking technologies”). These tracking technologies can enable third parties to automatically collect your data in order to improve the navigation experience on my digital assets, to optimize their performance and to ensure a tailor-made user experience, as well as for security and fraud prevention purposes. 
As the user of this Site you can consent or decline to use non-essential cookies for marketing and analytics purposes.

20. Where do I store the data?

Please note that my companies, as well as my trusted partners and service providers, are located around the world. For the purposes outlined in this privacy policy, I store and process all non-personal data that I collect in different legal systems.
Personal data may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel and to the extent necessary for the proper provision of my services and / or required by law (as further explained below) in other jurisdictions. 

21. How long will the data be kept?  

Please note that I keep the collected data for as long as is necessary to provide my services, to comply with my legal and contractual obligations to you, to resolve disputes and to enforce my agreements. I can correct, add or delete incorrect or incomplete data at my own discretion at any time.

22. How do I protect the data?

The hosting service for my digital assets provides me with the online platform through which I can offer you my services. Your data can be stored via the data storage, databases and general applications of my hosting provider. It stores your data on secure servers behind a firewall and offers secure HTTPS access to most areas of its services.
I would like to ask you to not provide me with confidential information, the disclosure of which, in your opinion, could cause you significant or lasting damage. Since email and instant messaging are not considered secure forms of communication, I also ask you not to pass on any confidential information via any of these communication channels.

23. How do I deal with minors?

The services are not intended for users who have not yet reached the legal age of majority. I will not knowingly collect information from persons younger than 18 years. If you are under 18 years old, you should not use this Site, my offered Services or provide any information to me.
I reserve the right to request proof of age at any time so that I can verify that minors are not using my services. In the event that I become aware that a minor is using my services, I can prohibit these users from accessing my services and block them, and I can delete all data stored by me about this user. If you have reasons to believe that a minor has disclosed data to me, please contact me as explained below.

I will only use your personal data for the purposes set out in the privacy policy and only if I am convinced that:

• the use of your personal data is necessary to perform or conclude a contract (e.g. to provide you with my offered services or technical support);

• the use of your personal data is necessary to comply with relevant legal or regulatory obligations, or the use of your personal data is necessary to support my legitimate business interests (provided that this is done at all times in a manner that is proportionate and respects your data protection rights).

24. As an EU resident, you can:

• request confirmation as to whether or not personal data relating to you is being processed and request access to your stored personal data and certain additional information;

• request the receipt of personal data that you have provided to me in a structured, common and machine-readable format;

• request the correction of your personal data that is stored by me;

• request the deletion of your personal data;

• object to the processing of your personal data by me;

• request the restriction of the processing of your personal data, or submit a complaint to a supervisory authority.

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If you have general questions about the personal information I collect and how I use it, please contact me as detailed below. In the course of providing the services, I can transfer data across borders to affiliated companies or other third parties and from your country / legal system to other countries / legal systems worldwide. By using the services, you consent to the transfer of your data outside of the EEA . If you are based in the EEA, your personal data will only be transferred to locations outside the EEA if I am convinced that there is an adequate or comparable level of protection of personal data. I will take appropriate steps to ensure that I have adequate contractual arrangements with my third parties to ensure that appropriate security measures are in place so that the risk of unlawful use, alteration, deletion, loss or theft of your personal data is minimized and that these third parties act in accordance with applicable law at all times.

25. Updates or changes to the privacy policy

I may revise this data protection guideline from time to time at my own discretion; the version published on the Site is always up-to-date (see information on the "status"). I ask you to check this data protection guideline regularly for changes. In the event of significant changes, I will publish a notice on my Site. If you continue to use the services after being notified of changes to my Site, this will be considered as your confirmation and consent to the changes to the privacy policy and your consent to be bound by the terms of these changes.

26. Contact

If you have general questions about the Services or the information I collect about you and how I use it, please contact me at:
Michaela Kettner
info@michaela-kettner.coach
© 2024 by Michaela Kettner