Website Terms of Use & Privacy Policy

Last Modified: 11/3/22


1. INTRODUCTION. Cheyenne Consulting LLC, DBA Rooted Therapy (“Company”) respects your privacy. This Privacy Policy sets forth Rooted Therapy’s policy with respect to the types of information we may collect from you or that you may provide when you visit Rooted Therapy (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, and courses (“the Services”). If you do not agree with our Privacy Policy, your choice is to not use our Website. By accessing or using this Website, you agree to this Privacy Policy and the Terms of Use.

2. CHILDREN UNDER THE AGE OF 16. All website users must be at least 16 years of age. If we learn we have received information from a child under 16 we will delete the information. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through the Website or Services, please contact us and we will endeavor to delete the information from our database. If we learn a user is under 16 years of age, we will not disclose any personal information to any third parties unless the user has given opt-in consent. If you have reason to believe that a user is under 16 years of age, notify the Company in order to prevent disclosure of any personal data without opt-in consent.

3. WHEN WE COLLECT INFORMATION FROM YOU. We collect data and process data when you access our Website, fill out forms on our Website, register, make a purchase, sign up for our newsletter, respond to a survey, surf the Website, or use or view our Website via your browser’s cookies.

4. WHAT TYPES OF INFORMATION WE COLLECT FROM YOU.

A. Voluntary Information
A. When you visit our website or use our Services we collect certain types of information from you. This includes your name, email address, mailing address, phone number, credit card information, or other information you provide to us.

B. Automatic Data Collection
A. We also collect information automatically through cookies and other tracking technologies such as information about your internet connection, your IP address, traffic and location data, logs, and other information. The information we automatically collect helps us to improve our website and deliver a better service.

5. HOW WE COLLECT INFORMATION FROM YOU. This website collects data, such as visitor location and times, in order to help us analyze user data and better serve our users. From time to time, our website may collect data such as cookies, pixel tags, clickstreams, and other modern technology to collect information such as browser type, web pages viewed, links clicked, and other actions you may take either on our website or via social media accounts and e-mails associated with us. This information may be used from time to time to help us personalize your experience or for security purposes. Cookies are pieces of data from a web server to your web browser and saved on your hard drive. Cookies do not contain personally identifiable information, such as your name or contact information. You may adjust your browser settings with regards to the collection of internet cookies - for example, you may delete, block and/or refuse cookies, or you may elect to be notified before cookies are placed.

6. HOW WE USE YOUR INFORMATION. Processing of your information is necessary for the purpose of legitimate interests and does not infringe on any fundamental rights and freedoms. Some of those legitimate interests include: direct marketing, processing of client data, ensuring network and information security, and fraud prevention, We use your information to understand and store information about visitor’s preferences, to compile aggregate data about site traffic and site interactions, to provide you with information, products, or services that you request from us or that we think you may like, to provide you with notices about your account, to carry out billing and collection, for customer support, for marketing purposes, and in any other way we describe when you provide information to us. We do not use automated decision-making in processing your personal information for some services and products. You can request a manual review of the accuracy of an automatic if you are unhappy with it. We do not sell personal information or consumer data for monetary gain or valuable consideration.

7. THIRD PARTY DISCLOSURES. Some content or applications on the Website are served by third parties. Third-Party Information - From time to time, we may receive information from third-party programs or plugins, such as Stripe, Google, WordPress, or through social media platforms.

8. HOW WE DISCLOSE YOUR INFORMATION.

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

B. We may disclose personal information that we collect or you provide as described in this Privacy Policy to certain third parties, including the following subsidiaries, affiliates, service providers, and contractors:

C. We use your provided data to prevent fraudulent purchases by sharing your data with credit reference agencies.

D. We will release information when it is appropriate to comply with the law or enforce our site policies.

E. Do Not Track Policy: Our site honors Do Not Track (“DNT”) browser settings. We do not track your online browsing activity on any other online service.

F. We do not transfer personal data collected from you to third party processors located internationally. Please be aware that such counties may not have the same level of data protection; however, our collection, storage and use of your personal data will continue to be governed by this Privacy Policy.

9. HOW WE STORE AND PROTECT USER INFORMATION.

A. Company securely stores your data at/on a secure database. We have implemented security measures designed to protect your visit to the Website.

A. All payment information is encrypted.
B. All information you provide to us is stored on our secure servers behind firewalls.
C. We use regular Malware Scanning.
D. No transmission over the internet or email is completely secure or error free. Please keep this in mind when disclosing personal information over the internet.


10. YOUR CALIFORNIA PRIVACY RIGHTS.

A. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa
B. Under the CCPA, California residents have the right to opt-out of the sale of personal information about them or their household, such as their name, postal or email address, and other personal identifying information. The right is subject to certain exceptions. For example, it does not apply to information that we share with certain third-party service providers so they can perform business functions for us or on our behalf. You may opt out by emailing Cheyenne@rootedtherapystl.com
C. In the preceding twelve months, we have not sold personal information. Our policy is that we do not and will not sell your personal information, unless you give us your consent or direct us to do so.

11. RIGHT TO OPT OUT. You have agreed to receive marketing material from the Company and have consented to the Company disclosing your information to third parties for marketing purposes. You may opt out at any time. If you no longer wish to be contacted for marketing purposes. Please reach out via email to opt out.

12. YOUR DATA PROTECTION RIGHTS.

A. The Right to be Informed: This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.

B. The Right to Access: This is your right to see what data is held about you by a Data Controller.

C. The Right to Rectification: You have the right to have your data corrected and amended if what is held is incorrect in some way. You can request that we correct any information that you believe is inaccurate or request that we complete information that you believe is incomplete.

D. The Right to Erasure: Under certain circumstances you can ask for your personal data to be deleted. This is also called “The Right to be Forgotten.” This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.

E. The Right to Restrict Processing: This gives the you the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.

F. The Right of Portability: you have the right to ask for any data supplied directly to the Data Controller by you, to be provided in a structured, commonly used, and machine-readable format. You may request copies of your personal data from us. You may request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. We may charge a small fee for this service or for any copies requested.

G. The Right to Object: You have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.

H. Rights in Relation to Automated Decision-making and Profiling: You have the right not to be subject to a decision based solely on automated processing.

I. Right Not to be Subject to Discrimination for the Exercise of Rights: The Company will not refuse goods or services to individuals who exercise their consumer rights.

If you would like to exercise these rights, please contact us at Cheyenne@rootedtherapystl.com.


13. CHANGES TO PRIVACY POLICY. The date the Privacy Policy was last revised is identified on the first page of the Privacy Policy. We reserve to update this policy and if we make material changes to how we treat our users’ personal information we will notify you by email. You are responsible for periodically visiting our Website and Privacy Policy to check for any changes.


14. COMPLAINTS. Should you wish to report a complaint or if you feel that our Company has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s office (if an individual located in the United Kingdom) or the European Data Protection Board.

15. INDIVIDUALS LOCATED WITHIN THE UNITED KINGDOM.

A. Restricted Transfers: Our Company may make a restricted transfer if the receiver is located in a third country or territory or is an international organization, covered by UK “adequacy regulations.” If there are no adequacy regulations about the country, territory or sector for the restricted transfer, our Company should then find out whether you can make the transfer subject to ‘appropriate safeguards’ as listed in the UK GDPR. Before we rely on an appropriate safeguard to make a restricted transfer, we must be satisfied that the data subjects of the transferred data continue to have a level of protection essentially equivalent to that under the UK data protection regime. We do this by undertaking a risk assessment, which takes into account the protections contained in that appropriate safeguard and the legal framework of the destination country (including laws governing public authority access to the data). If our assessment is that the appropriate safeguard does not provide the required level of protection, we will include additional measures. Appropriate safeguards may be: (1) A legally binding and enforceable instrument between public authorities or bodies; (2) binding corporate rules as defined in Article 47 of the UK GDPR; (3) a contract incorporating standard data protection clauses recognized or issued in accordance with the UK data protection regime; (4) a code of conduct approved by the ICO; (4) Certification under an approved certification scheme; (5) a bespoke contract governing a specific restricted transfer which has been individually authorized by the ICO; or (6) Administrative arrangements between public authorities or bodies. If none of the criteria above apply for the transfer, we may still make the transfer if the transfer is covered by an ‘exception’ set out in Article 49 of the UK GDPR.

B. CHILDREN UNDER THE AGE OF 13: All website users located in the United Kingdom must be at least 13 years of age. If we learn we have received information from a child under 13 we will delete the information. If you have reason to believe that a child under the age of 13 located in the United Kingdom has provided Personal Data to us through the Website or Services, please contact us and we will endeavor to delete the information from our database. If we learn a user is under 13 years of age, we will not disclose any personal information to any third parties unless the user has given opt-in consent. If you have reason to believe that a user is under 13 years of age, notify the Company in order to prevent disclosure of any personal data without opt-in consent.

C. Local Representative in United Kingdom: We do not either offer goods or services to individuals in the UK; or monitor the behavior of individuals in the UK

16. GOVERNING LAW & VENUE

Cheyenne Bauman and Cheyenne Consulting, LLC, DBA Rooted Therapy is located in the United States and is subject to the applicable laws governing the State of Missouri. The governing law for this agreement is the law of the State of Missouri.

17. INTELLECTUAL PROPERTY & STOCK PHOTOGRAPHY

A. Stock Photography - This website may use free stock photography as part of its design. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.
B. Intellectual Property - This website, content and products contain intellectual property owned by us. and by third-parties that license some intellectual property to us. This Agreement is intellectual property owned by us. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: service marks, layout, logos, business name, design, text, written copy, certain images, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by us and the third-parties described within this Section in either whole or part without prior written consent.
C. Amendments - We reserve the right to amend this Agreement from time to time. You are bound by any changes made after the publication of the changes on our website. We will take reasonable efforts to notify you of any changes that are made.
D. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
E. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
F. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.

18. SPECIFIC PRODUCT TERMS OF USE
A. GENERAL TERMS OF USE

A. Refund Policy - Due to the nature of the products and Services provided, and the electronic transmission of same, you hereby agree and acknowledge that all sales are final. You agree and acknowledge that your purchase of any product or service is non-refundable, under any circumstances.
B. Limited License - You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or Services that you purchase or download from our website, without prior written consent or unless provided otherwise. We grant you a limited, personal, non-exclusive and non-transferable license to use the Products for your personal and internal business use.

19. CONTACT. You may send us an email to inquire about our Terms of use and Privacy Policy or to request access to, correct, or delete any personal information that you have provided to us at: Cheyenn@rootedtherapystl.com