I. Privacy Policy
Just as with life in general, my take on this privacy policy is: treat others as you would like to be treated by them. And since my own privacy is extremely important to me, I value yours the same way.
That said, …
Please read this Privacy Policy carefully.
INFORMATION THAT I COLLECT
I collect a variety of information from You when You interact with Me on social media or in direct communication. By accepting this Privacy Policy, You are specifically consenting to My collection of the data described below, to My use of the data, to the processing of this data, and to My sharing of the data with third-party processors as needed for My legitimate business interests. The information I collect may include:
PERSONAL DATA
Personal Data is information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number, or demographic information like Your age, gender, or hometown. You consent to giving Me this information by providing it to Me voluntarily when signing up for services like webinars, coachings or courses. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain services or from making purchases.
DERIVATIVE DATA
Derivative data is data collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.
FINANCIAL DATA
Financial data is data that is related to Your payment method, such as credit card or bank transfer details. I collect financial data in order to allow You to purchase, order, return, or exchange products or services from me. I store limited financial data. Most financial data is transferred to My payment processors, PayPal, or Stripe, and you should review these processors’ Privacy Policy to determine how they use, disclose, and protect your financial data.
SOCIAL NETWORKING DATA
I may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat, or other social networking sites or apps not named specifically here, which may include Your name, Your social network username, location, email address, age, gender, profile picture, and any other public information. If You do not want Me to access this information, please go to the specific social networking site and change Your privacy settings.
HOW I USE YOUR INFORMATION
Your information allows Me to offer You certain products and services, to fulfill My obligations to You, to customize Your interaction with Me, and to allow Me to suggest other products and services I think might interest You. I generally store Your data and transmit it to a third party for processing. However, to the extent I process Your data, I do so to serve My legitimate business interests (such as providing You with the opportunity to purchase My goods or services).
GROUNDS FOR USING AND PROCESSING YOUR DATA
The information I collect and store is used primarily to allow Me to offer goods and services for sale. In addition, I may collect, use, and process Your information based on the following grounds:
LEGITIMATE BUSINESS INTERESTS
I may use and process Your data for My legitimate business interests, which include, among other things, communicating with You, improving My goods or services, and providing You with the information or products that You have requested.
Performance of a Contract: I may use and process Your information to enter into a contract with You and to perform My contractual obligations to You.
Consent: I may use Your data, or permit selected third parties to use Your data, based on Your consent to My use and sharing of that data. You may withdraw Your consent at any time, but doing so may affect Your ability to use My offerings.
As required by law: I may also use or process Your data as required for Me to comply with legal obligations.
WHY I DISCLOSE YOUR INFORMATION
I may share Your information with third parties in certain situations. In particular, I may share Your data with third-party processors as needed to serve My legitimate business interests, which include entering into contracts with You, communicating with You, taking orders for goods or services, delivering My goods and services, identifying trends, protecting the security of My company, and marketing additional goods and services to You. The legal basis for My disclosure of Your data is both Your Consent to this Privacy Policy and My own right to protect and promote My legitimate business interests.
The following are specific reasons why I may share Your information:
Third Party Processing: I may disclose Your information to third parties who assist Me with various tasks, including payment processing, email delivery, communications, and customer service. I may not always disclose these third-party processors if not required by law. I do not authorize them to use or disclose Your personal information except in connection with providing My company with their services.
By Law: I may share Your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect My Company: I may use Your information to protect Myself, including to investigate and remedy any violations of My rights or policies. I may also disclose Your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Other Purposes: I may disclose Your personal data as necessary to comply with any legal obligation or to protect Your interests, or the vital interests of others or Myself..
PROCESSING YOUR INFORMATION
For the most part, I do not process Your information in-house, but give it to third-party processors for processing. For example, when PayPal takes Your payment information, they are a third-party processor. They process Your payment and remit the funds to Me. So in many instances, it will be necessary for Me to transmit Your information to a third-party processor, as I do not have the capability to perform these functions. More detail on third-party processing is detailed below.
However, I may, from time to time, process Your data internally. The legal basis for this processing is both Your consent to the processing, My need to conduct My legitimate business interests, and to comply with legal obligations. My purposes in processing this information, if I do, is to administer, maintain, and improve My offerings, to enter into contracts with You, to fulfill the terms of those contracts, to keep records of My transactions and interactions, to be able to provide You with goods and services, to comply with My legal obligations, to obtain professional advice, and to protect the rights and interests of Myself, My customers (including You), and any third parties. I may process the following data:
1. Data that You provide Me in the course of using My services.
2. Data that You submit to Me when You make an inquiry regarding My offerings.
3. Data related to Your transactions with Me, including Your purchase of My goods or services. This information may include contact details and payment information.
4. Data that You provide to Me when You subscribe to My emails or newsletters, including Your email address and contact information.
5. Data that You submit to Me via correspondence, such as when You email Me with questions.
6. Any other data identified in this policy, for the purpose of complying with My legal obligations, or to protect the vital interests of You or any other natural person.
DATA RETENTION
I retain personal data as long as it is needed to conduct My legitimate business purposes or to comply with My legal obligations, or until You ask Me to delete Your data. For example Data that I gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will be kept for no longer than is necessary for that particular purpose. Data that is no longer needed by Me for any of the purposes listed above will be permanently deleted.
I will honor Your request to delete Your data, as described more fully below, unless I am required by law to retain access to the data. However, note that I cannot control the retention policies of third parties. If You wish to have any third parties, including those to whom I’ve transmitted Your data, delete that data, You will need to contact those third parties directly. You may request from Me a list of all third parties to whom I have transmitted Your data.
SECURITY OF YOUR INFORMATION
I take all reasonable steps to protect Your personal data and keep Your information secure. I use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. I cannot guarantee complete security of any information You transmit to Me.
By consent to this Privacy Policy, You acknowledge that Your personal data may be available, via the internet, around the world. I cannot prevent the use or misuse of Your data by other parties.
I will notify You promptly of any known breach of My security systems or Your data which might expose You to serious risk.
SENSITIVE DATA
I request that You do not submit any sensitive data to Me, via public postings, email correspondence with Me, or any other method, including social security number, health data, genetic data, or information related to Your ethnic origin, religious beliefs, or criminal history. If You do send Me this information, then by doing so You are consenting to My use, storage, and processing of this information in accordance with this privacy policy.
YOUR RIGHTS
You have certain rights with respect to Your personal data, as outlined below. Note that I may charge You a reasonable fee for actions that You ask Me to take with respect to Your data. In addition, I reserve the right to request that You provide Me with evidence of Your identity before I take any action with respect to the exercise of Your data rights. Further, Your rights may be restricted or nullified to the extent they conflict with My compelling business interests, the public interest, or the law.
CONFIRM PERSONAL DATA AND ITS USE
You have the right to request that I confirm what data I hold about You, and for what purposes. You also have the right to confirmation of whether I process Your data or deliver Your data to third-party processors, and for what purposes. I will supply You with copies of Your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change Your consent to My use of Your information.
Request a Copy of Data: You have the right to request a digital copy of the data that I hold about You. Your first request for a copy of Your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that I gather and transfer Your data to another controller, in a commonly used and machine readable format, unless doing so would cause Me an undue burden.
Delete All Data: You have the right to request that I delete all data that I hold about You, and I must delete such data without undue delay. There are exceptions to this right, such as when keeping Your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims.
Emails and Communications: You may opt out of receiving future email correspondence from Me by checking the appropriate box when You register for the account or make a purchase. You may change Your communication settings by contacting Me at hello@tobiaskartje.com.
Marketing Communications: You may opt out of receiving any third-party marketing communications or having Your personal information used for marketing purposes. You may do this by contacting Me at hello@tobiaskartje.com.
Processing: You may, in some circumstances, restrict the processing of Your data, such as when You contest the accuracy of Your data or when You have objected to processing, pending the verification of that objection. When processing has been restricted, I will continue to store Your data but will not pass it on to third-party processors without Your consent, or as necessary to comply with legal obligations or protect Your rights or those of others or My company. In addition, You may opt out of any processing of Your data altogether.
NEWSLETTER PRIVACY
I offer the opportunity for You to volunteer certain information to Me that is used for email and marketing purposes. This information includes, but is not limited to, Your name and email. You will have an opportunity to unsubscribe from any future communications via email, but I reserve the right to maintain a database of past email subscribers. I reserve the right to use this information as reasonably necessary in My business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting My business, such as through Instagram or Facebook ads.
II. Terms and Conditions
1. Coaching Packages
My Coaching Packages are designed to help entrepreneurs in taking their companies to the next level, mainly by improving mindset, leadership and culture. Scope, duration, deliverables, and project goals are to be defined in a separate contract between the client and myself.
The contents of these Terms and Conditions, especially sections 2, 5, and 6 are not limited to the Coaching Packages but rather apply to all my offers and therefore also apply to webinars, as well as other public or media appearances.
2. Limitations to Service
I am not providing therapeutic or mental health services or advice. Please seek out a licensed therapist or psychologist if this is required.
I am providing educational guidance, tools, and services for self-inquiry, perspective shifts, and decisive action so you can understand yourself and next steps clearly. The objective is to move you in the direction that you intend and remove obstacles by understanding yourself, your environment, situations, and options.
Coaching, which is not advice, therapy, or counseling, may address specific personal projects, business success, or general conditions in the client’s life or profession. Other coaching services include value clarification, brainstorming, identifying plans or action, examining modes of operating in life, asking clarifying questions, and making empowering requests.
3. Refund Policy
Once a session has concluded and is paid for, it is non-refundable.
Coaching Packages:
Investing in a coaching package is a commitment to a journey that builds on consistent action and integrating feedback. However, there are cases where it makes sense to terminate the package early:
- The objective is met early and coaching is no longer required.
- The client is not responding or following through on coaching actions so there is no movement towards the intention.
- Personalities not aligning.
I will offer a refund on the remaining coaching sessions unused in the coaching package as follows:
- Completed coaching sessions will be deducted from the coaching package price at the individual coaching session rate. What remains will be refunded.
Please take this as permission to end the coaching package if it no longer fits!
Refund Policy for beta clients deviates from the standard procedure in the way that clients may terminate the contract within the first 30 days of the program and have the right to request a full refund of the total price paid.
4. Cancellation Policy
Coaching package sessions canceled or rescheduled within 24 hours of the appointment time will be counted as a coaching session. Missed coaching calls within the package will be counted as a coaching session.
5. Guarantees
I make no promises or guarantees of results since results are highly dependent on the actions and participation of the client.
6. Liability Waiver
Each person is unique with their own history. As we explore communication strategies, limiting beliefs and other potential subjects, you may be unforeseeably triggered or hurt. As I cannot know how I might be received or interpreted, this liability waiver is in place.
By agreeing to these terms and conditions, you waive your right to hold me (Tobias Kartje) responsible for any harm or potential harm that you or your company might suffer as a result of the personal coaching, programs and other free offers like webinars, no matter how accidental.
At any time, if you feel hurt or do not want to share, acknowledge that and do not answer or go further along that line. Everything discussed in a coaching session is voluntary and by expressing that you don’t feel comfortable, we will pivot, stop or skip.
7. Confidentiality Policy
Since a coaching relationship is largely dependent on trust, I am committed to protecting your privacy. The end goal is to have you as a happy and satisfied coaching client or program participant.
I do not sell, rent or trade your information. I will not discuss you or your specifics in coaching sessions outside of our coaching sessions.
For teaching and sample journeys for marketing, I may use your situation in a general term and anonymously with the lessons learned, journey taken, and/or perspective shift.
I may have to release confidential information if requested by law enforcement.
NOTE: I will take all reasonable steps to notify the appropriate authorities in the event a client discloses an intention to endanger self or other as is consistent with the International Coaching Federation code of ethics.
8. Consent for Recordings
The recording of coaching calls is optional. You may request to not have the coaching call recorded.
If I would like to record the coaching call, I will always seek consent first. If I would like to use any portion of the recorded call for future education or promotion purposes, I will seek consent first.
In attending group calls and events, you consent to being recorded and recordings to be used for future education, marketing and quality control purposes.
9. Content Ownership
All material offered or provided by me (Tobias Kartje) is my intellectual property.
10. What allowed to do with Content
You are allowed to access and use the material for personal use only. You may not copy, share, sell or give this material to any other person or entity.