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PRIVACY POLICY

 

Last Updated: March 31, 2024

 

PLEASE NOTE: THE UNAUTHORIZED USE OR COPYING OF THIS DOCUMENT IS IN DIRECT VIOLATION OF INTELLECTUAL PROPERTY LAWS AND IS STRICTLY PROHIBITED!

 

PLEASE CAREFULLY READ THIS PRIVACY POLICY BEFORE VIEWING AND USE OF THIS WEBSITE.

 

PRIVACY POLICY CONSENT

The website www.thischrisirwin.com (the “Website”) and its content are owned by RARE SENSE LLC (the “Company,” “we,” or “us”). The term “you” refers to the user and/or viewer of this Website. You agree to and acknowledge to be bound by the following terms of this Privacy Policy, and any information you contribute or provide to the Company is subject to the terms of this Privacy Policy.

 

The purpose of this Privacy Policy is to inform you how we collect, use, process, and distribute your personal information as defined within the terms of this Privacy Policy. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use, if applicable.

 

The use of any personal information or contribution you provide to us or that is collected by us on or through our Website, or this Privacy Policy governs its content. By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.

 

INFORMATION WE COLLECT

Personal information collected includes that which you provide voluntarily by “opting in” to receive a free resource, subscribing to our email list or newsletter, purchasing a product or service, or contacting us via our Website, as well as all information automatically collected from you based upon your activity on our Website.

 

The personal information we collect may include but is not limited to the following: name(s), email address(es), telephone number, billing information, physical address(es), PO Box information, and credit card information (“Personal Information” and “Personal Data”).

 

This information may be collected through the following or for the following but is not limited to submitting Personal Information to receive a free resource (“freebie”) or newsletter, to purchase an eBook, course(s), and/or program(s) for billing information so that we can maintain our contractual obligation to our payment processing software, through our contact form to ask a question, receive marketing emails or request a return email from a member of the Company, or information obtained to gain information on a co-branded offer, program, or course.

 

Personal Information collected is given to us voluntarily, and as such, you are giving us consent to use, collect, and process such Personal Information. If you choose not to provide us with certain Personal Data, you may not be able to participate in or access certain aspects of our Website or content.

 

You acknowledge that whenever you voluntarily make your Personal Information available for viewing by others online through, but not limited to, this Website, its content, blog, commenting on such blog, posting or commenting on social media, within programs, or coaching calls, it may be seen, collected, and used by others. The Company shall not be responsible for any unauthorized or improper use of the information you voluntarily share.

 

HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

You understand that your decision to provide us with any information is voluntary and constitutes your explicit consent to allow us to collect, process, and retain it.

 

Should you elect to “opt-in” to receive and should you wish to receive any freebies or other information, the Company shall ask for your Personal Information, you shall provide us with your Personal Information, and we may collect such information that you provide, which may include, but is not limited to, your name, email address, and phone number.

 

Should you elect to fill out our contact form on our Website or provide us with any other communication, including, but not limited to, information provided via email, social media messaging, posts, text messages, or social media comments, we may collect such information that you provide, which may include but is not limited to, your name, email address, phone number, and any other information that is contained on your social media platform. The Company’s policy is that this data is retained and processed simply to communicate with you, answer any questions/concerns, and keep a record of such communication.

 

Should you elect to purchase any eBooks, courses, programs (group or one-on-one) or work privately with any members, employees, or coaches of the Company to carry out and complete such purchase or sale of goods or services, the Company shall collect Personal Information including but not limited to your name, email address, billing address, credit card or payment information, and any other information necessary to complete the purchase of the product or service you elect to buy. We will collect and process this data to fulfill our contractual obligation to complete your order and will not retain the information any longer than necessary. We use third-party data processors to take and complete payments, and we will not retain nor have access to your payment information.

 

By voluntarily providing the Company with your Personal Information on our blogs, social media pages, or any other online forum, we may use that Personal Information for any future marketing materials, promotional materials, targeted advertisements, or testimonials. The Company assures you that using such Personal Information for testimonials shall require a separate document to be signed by the Company and yourself.

 

Should you elect to be added to our email list or newsletter, we may use your data to send you targeted social media advertisements or use/upload your Personal Information into our social media account to create lookalike audiences. To ensure compliance with the CAN-SPAM Act, all emails from us will clearly state the sender of the email and provide instructions on how to unsubscribe from our list or contact us with any questions or concerns.

 

The Company may track your future interactions with our content and use your Personal Information to inform you about the products and services you have elected to receive and any linked or similar products or services we think you may be interested in. We will collect the information following your choice to manually enter it and click to be added to our list. No such information will be collected without your taking action to be added to our list or in exchange for a free resource.

 

USE OF PERSONAL INFORMATION COLLECTED THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGY (“COOKIES”)

The Company may also collect Personal Information through Automatic Data Collection Technology, such as through the standard “cookies” feature of available web browsers. The Company does not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. We may use both session cookies and persistent cookies.

 

It is your choice to accept, decline, or disable cookies through your web browser’s settings. However, disabling this function may diminish your experience on our Website, and some features may not work as intended. Our Website does not respond to Do Not Track signals your browser sends.

 

We may also collect data about how you use the Website, your browsing actions or patterns, computer equipment, IP address, internet connection, and other similar choices you make, including via Google Analytics and Facebook Pixels, to obtain statistical data, improve our Website and offerings, and ensure you receive information relevant to you. If we utilize this technology, we will use it in compliance with all policies of these third-party companies. We may receive personal data from third parties, including Google, social media platforms, search engines, Paypal, Stripe, and other third-party payment processing companies.

 

We may also receive data from third parties like Google Analytics, Facebook, and other advertising platforms, providers of technical or payment services as needed, and other similar third parties. We do our best only to utilize third parties deemed GDPR and LGPD-compliant, with whom we have either completed a data processing agreement or have reviewed and confirmed their policies regarding data processing to ensure compliance.

 

The Company may share your Personal Information with trusted third parties to contact you via email, process payments, and run advertisements to our affiliates. The Company agrees not to share your Personal Information with third parties for profit.

 

ANONYMOUS DATA COLLECTED AND USE

To maintain the quality of our Website, we may use your IP address to diagnose issues with our server and/or with our Website’s pages or content. The Company shall not use your IP address to identify you personally but may use it for marketing purposes and to improve our services and Website performance. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.

 

GENERAL DATA PROTECTION REGULATION (“GDPR”)

The Company ensures compliance with the European Union’s General Data Protection Regulation (“GDPR”) and confirms that we have lawful grounds for processing the information we collect from you. Should you provide Personal Information via our contact form or send any other electronic communication, we will process your data based on our legitimate interest in responding to user or customer inquiries. If you elect to receive communication from us by “opting in” and providing us with your name and email address in exchange for a free resource, training, eBook, webinar, or electronic deliverable, or if you purchase from us any courses, programs, eBooks or coaching packages, we will process your data for the purpose it was collected based on your affirmative consent to do so. We may periodically send you additional email marketing based on our legitimate interest in marketing to those who have shown an interest in our products or services. We may also give you the option to be added to our email list to receive our newsletter, information about our products and services, and other information we believe may be of interest to you based on your decision to opt-in to one or more of our free resources and will obtain your consent to do so. You may withdraw consent at any time by contacting us at chris@raresense.com and requesting that your information be edited, updated, or deleted. We do not collect sensitive data or information regarding criminal offenses or convictions.

GENERAL LAW FOR THE PROTECTION OF PERSONAL DATA (“LGPD”)

The Company ensures compliance with Brazil’s Lei Geral de Proteção de Dados Pessoais (“LGPD”) and confirms that we have lawful grounds for processing the information we collect from you. The Company has an assigned Controller, Operator, and Officer who oversees the Company’s data processing. Should you provide Personal Information via our contact form or send any other form of electronic communication, we will process your data based on our legitimate interest in responding to user or customer inquiries. If you elect to receive communication from us by “opting in” and providing us with your name and email address in exchange for a free resource, training, eBook, webinar, or electronic deliverable, or if you purchase from us any courses, programs, eBooks or coaching packages, we will process your data for the purpose it was collected based on your affirmative consent to do so. We may periodically send you additional email marketing based on our legitimate interest in marketing to those who have shown an interest in our products or services. We may also give you the option to be added to our email list to receive our newsletter, information about our products and services, and other information we believe may be of interest to you based on your decision to opt-in to one or more of our free resources and will obtain your consent to do so. We do not collect sensitive data or information regarding criminal offenses or convictions. Should you request confirmation of the existence of your Personal Data in our database, you may send a request to chris@raresense.com to do the following:

  1. Confirm the existence of data;

  2. Access such data;

  3. Correct incomplete, inaccurate, or outdated data;

  4. Anonyme, block, or eliminate unnecessary, excessive, or treated data in discrepancy with the provisions of this law;

  5. Data portability to another service provider or product, upon express request and observance of commercial and industrial secrets, in accordance with the regulations of the controlling body and the national authority regulations;

  6. Eliminate personal data processed with the consent of the holder, except in the cases provided for in Article 16 of the law;

  7. Gain information on any public and private entities with which the Company’s Controller has made shared use of data;

  8. Gain information on the possibility of not providing consent and on the consequences of refusal;

  9. Revoke or withdraw consent at any time.

 

HOW INFORMATION IS STORED AND SHARED

The Company stores and processes Personal Information through a data management system. The Company takes important and appropriate measures to keep all Personal Information collected confidential. The Company maintains that there are limited purposes for which it shall share personal and confidential information, including, but not limited to, processing any billing or providing technical support for our Website to members of our team/employees/management/personnel for legal or accounting purposes only. Any parties with access to your information will keep it confidential and never share it with any unrelated parties to the best of our abilities. Information you provide will never be shared, sold, or given to any other company or person without your consent, other than what is required to complete a purchase or request you have made unless required by law or by any governmental requirements. We require all such third parties to treat your Personal Information in accordance with the law and only allow them to process your Personal Data for specific, necessary purposes.

 

The Company utilizes a third-party company as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third-party data processors we use have advised us that they also comply with the GDPR.

 

The Company may be required to disclose such Personal Information as provided by law, or should there be a good faith belief that such disclosure is necessary to protect the rights of the Company, this Website, any member of our Company or our property, the property of our users or licensees, should any portion of this Privacy Policy, our Terms and Conditions, Terms of Use, or Website Disclosure are being violated, to prevent or mitigate a crime that is or may be committed, or to protect that safety or rights of our other users or the public.

 

This Website and the servers and parties that made this Website available on a global scale are located within and operate within the United States. The laws of the United States and Montana govern any matters relating to the internet and this Website, including content, as well as the principles of the GDPR and the LGPD as they apply to residents of the European Union. Any information you choose to provide through this Website, including subscribing to a newsletter, opting in to receive a free gift, or purchasing something, will be transferred to the United States for processing. That information may then be transferred within the United States or back out of the United States to other countries outside your country of residence, depending on the type of information and how we store it. If transferred to another country, it may not have data protection laws that are as comprehensive or protective as those in your country of residence; however, this Privacy Policy will always govern our collection, storage, and use of your Personal Information. By visiting our Website, you acknowledge this information, and by submitting any Personal Information onto our Website, you hereby authorize this transfer and processing of information.

 

The Company also retains the right to share such Personal Information as a result of a sale of the Company or any branch of the Company, as well as with any joint venture partners or affiliate marketers, should we deem it necessary to share such information. We will always take all reasonable measures to protect and safeguard your information.

 

We retain the minimum amount of Personal Information required for the minimum amount of time necessary to provide you with the information and/or services that you requested from us. We may include certain Personal Data for longer periods if required for legal, contractual, and accounting obligations. Such information includes name, email address, and behavior tracking, as long as you elect to remain on our mailing list, and any additional Personal Information as long as it is needed to fulfill the purpose for which it was initially collected, such as completing a purchase. We will also retain and use collected information as necessary to comply with legal obligations, resolve disputes, or as otherwise reasonably determined. If at any point you elect to be removed from our database, your information will be deleted and no longer retained.

 

PASSWORD PROTECTION AND USE

The Company may require you to create a username and password to use certain Website features or content. The Company is not responsible for maintaining the confidentiality of the username and password you create. You are solely responsible for all activities that occur under your username or password and within your account, whether by you or others. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password, or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.

 

You shall agree to immediately notify the Company of any unauthorized or improper use of your username or password or any breach of security by sending an email to chris@raresense.com immediately after recognizing such breach or improper use. The Company suggests logging out of each session to protect against unauthorized or inappropriate use.

 

The Company shall use its best efforts to maintain the confidentiality and privacy of your username(s) and password(s). We shall not share such information without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is required to identify, contact, or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

 

CONFIDENTIALITY, SECURITY, AND INFORMATION PROTECTION

The Company uses commercially responsible methods to safeguard all Personal Information, including information voluntarily provided to us and automatically collected, by using reasonable online security measures and sharing your data with reputable third-party vendors compliant with generally accepted security and safety measures. We utilize a Secure Sockets Layer (SSL) on our Website to assist in the secure transfer of information. The Company cannot guarantee the complete safeguarding of all Personal Information; however, should we become aware that a data breach has occurred, we will notify the necessary parties as soon as possible with as much available information as possible.

 

While our team does our best to protect the information we collect and prevent any misuse, unauthorized access, or disclosure, you understand that we cannot be responsible should an unauthorized third party access our information without our consent. Should our website be tampered with, you understand that these unauthorized parties may access your Personal Information. You agree that we are not responsible for any such actions and acknowledge you will hold us harmless should your information become intercepted in this way without our knowledge, permission, or consent, which includes a release of any and all claims related to the use of such information by such an unauthorized party.

 

YOUR RIGHTS TO ACCESS, CONTROL RESTRICT, DELETE, UPDATE PERSONAL INFORMATION, AND UNSUBSCRIBE

The Company does not participate in spam and will always provide you an option to opt out of our communications. We have taken the necessary steps to ensure that we comply with the CAN-SPAM Act of 2003 by never sending misleading information. We will not sell, rent, or share your email address.

 

The Company acknowledges that you have the right to edit, update, or delete your Personal Information from our database. You may click “unsubscribe” at the bottom of any email the Company sends you or by contacting the Company at chris@raresense.com.

 

You have the right to request information concerning how your data is being used, request which Personal Information and data we currently have and use, correct or edit any data that is no longer accurate, unlawful, or no longer needed, withdraw consent to the processing of your Personal Information, lodge a complaint should you feel your Personal Information is being used unlawfully or restrict or object to how the data is being used. Should you wish to receive such information, please contact the Company at chris@raresense.com.

 

THIRD-PARTY WEBSITES

The Website may provide links to third-party websites. The Company is not responsible or liable for the content and activities of other individuals, companies, or entities whose website or materials may be linked to the Company’s Website or its content. The Company is also not liable for the privacy of the information voluntarily shared on any third-party website. The Company urges you to review the privacy policies of any third-party website to ensure your Personal Information's use and protection is to your satisfaction.

 

You further understand that should you click on a link and be taken to another website, this Privacy Policy does not attach, and we have no control, responsibility, or liability for the content, activities, or policies of any other company, website, or individual. You acknowledge and agree that we are not responsible for the privacy policies or practices of third parties and that you understand that you will need to review the privacy policy of each website to confirm their specific policies.

 

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE (COPPA)

You must be eighteen (18) or older to access our Website and its contents. This Website is not intended for those who are under eighteen (18) years old.

 

The Company does not knowingly collect any information from anyone under eighteen (18) years of age and does so in compliance with the Children’s Online Privacy Protection Act and the GDPR of the European Union. This Website, as well as its contents, is directed solely to individuals who are at least eighteen (18) years old and older.

 

If we learn we have collected or received Personal Information from a minor under eighteen (18), we will delete this information and/or attempt to obtain parental consent. If you have any reason to believe we may have unknowingly collected data from a minor, please immediately email us at chris@raresense.com.

 

NOTIFICATION OF CHANGES

We may use your Personal Information, such as email addresses, to inform you of any changes made to the Website and its contents or request additional information. At our sole discretion, we reserve the right to change, modify, or otherwise alter our Website, its content, and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. The Company highly suggests that you review this Privacy Policy periodically. Continued use of any information obtained through or on the Website or its content following the posting of changes and/or modifications constitutes acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.

 

You agree that you have read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will inform you via email and/or a prominent notice on our Website. Should you have any questions regarding this Privacy Policy or your rights contained herein or want to review, update, or remove your Personal Information, please contact us at chris@raresense.com.

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