Effective: May 14, 2021
Updated: May 14, 2021
Mark Groves Consulting, Inc. D/B/A Create The Love (“CTL”, “we”, “us”, or “our”) respects and values privacy of data. As CTL’s mission is to help others learn to communicate with authenticity and integrity, CTL seeks to openly convey our commitment to privacy. CTL will not sell or rent personal information that it collects.
“You”, “Your” and “Users” mean all visitors to and users of the Service.
The Service is based in and operates from British Columbia, Canada, however, we do not represent that the Service is applicable, appropriate, or available for use in locations outside of British Columbia, Canada.
I. Information About You Collected Through The Service:
- Definition of Personal Information. When You access or use the Service, CTL, or CTL’s third party service providers (see below) on behalf of CTL or third party content providers (see below), may collect certain information about You or related to You. You may be reasonably identifiable with respect to some of that information. Collectively, we refer to such information as “Personal Information.” Examples of Personal Information include, but are not limited to:
- Your contact information, including without limitation, Your name and email address.
- Your payment information, including without limitation, Your billing address, phone number(s), credit card or other billing, bank and payment information, such as Your type of credit card, credit card number, expiration date, credit card security code such as a card verification value (“CVV”). Please note that CTL does not store any credit card information we receive except as necessary to complete and satisfy CTL’s rights and obligations with regard to such transactions as otherwise authorized by You.
- Data related to Your clicking on the Service.
- Your product purchase information such as a CTL coaching course purchased by You, date of purchase, course title, and order confirmation number.
- Your geographic area when that information is linked together with information that identifies a specific individual.
- Personal Information Provided By You. You provide to CTL, or to CTL’s third party service providers (see below) on behalf of CTL or third party content providers (see below), with Personal Information in various ways through accessing and using the Service. For example, You provide Personal Information when You:
- Subscribe to the CTL newsletter to receive CTL information re: content, updates, offers, events, products, services, news and marketing and promotional information.
- Create a CTL customer account.
- Purchase a CTL coaching course.
- Send CTL an email request for information via the CTL website.
- Submit an inquiry to “Ask Mark Anything” on the CTL website.
- Take a survey, quiz, or submit another form to CTL.
- Affirmatively opt-in (from a course introductory page) to receive emails from a CTL coach that are unrelated to CTL courses or CTL marketing emails.
- Click on a third party content link (see below) or social media icon.
- Utilize any other interactive aspect of the Service that requests Your Personal Information.
- Cookies And Automatically Collected Information. When You use the Service, CTL, or one or more of CTL’s third party service providers (see below) on behalf of CTL or third party content providers (see below), may automatically send one or more “cookies” – small text files containing a string of encoded characters – to Your device. These encoded characters are used for tracking and analyzing Your preferences and activities on the Service, such as what parts of the Service You visit and use, what You like, and what is relevant. Cookies also make using the Service easier by, among other things, saving Your password and preferences for You. This automatically collected information can be aggregated, anonymous non-personal information, or, in certain incidences, it may include Your Personal Information. Please review Your web browser “Help” file to learn the proper way to modify Your cookie settings. Please note that if You delete or choose not to accept cookies from the Service, You may not be able to use at least some of the features of the Service to their fullest potential.
- Tracking Information Automatically Collected From Your Device(s). CTL, or one or more of CTL’s third party service providers (see below) on behalf of CTL or third party content providers (see below), may also automatically record certain information from Your device by using various types of technology, such as “clear gifs,” web beacons, and locally stored objects. This automatically collected information is generally aggregated, anonymous non-personal information, however, by inference, such information may relate to or be connected to Your Personal Information:
- IP address or other device address or ID.
- Operating system, web browser and/or device type.
- The web pages or other content You view or otherwise interact with through the Service.
- The dates and times that You visit, access, or use the Service.
- Whether You open or click on a link or forward a message.
- Information Collected About Your Location. CTL, or CTL’s third party service providers (see below) on behalf of CTL or third party content providers (see below), may obtain information about Your physical location, such as by geo-location features in Your device or by inference from other information that CLT automatically collects, e.g., Your IP address (see above). CTL may also collect location information when You create an account and/or purchase products or services from the Service.
- Information Collected For Transactional Purposes. CTL, through CTL’s third party service providers on behalf of CTL (see below), will send transactional emails that confirm coaching course purchases and communicate course information and materials (collectively, “Transactional Emails”). You consent to receive CTL’s Transactional Emails when you purchase a coaching course and provide Your Personal Information such as Your name and email address.
- Information Collected For Marketing Purposes. CTL, through CTL’s third party service providers on behalf of CTL (see below), maintains an email list to send CTL non-Transactional Emails on CTL information re: content, updates, offers, events, products, services, news, and marketing and promotional information, and to otherwise market the Service (collectively “Marketing Emails”). You consent to receive CTL’s Marketing Emails when You sign up to receive the CTL newsletter or purchase a CTL coaching course. In both cases, You provide Your Personal Information such as Your name and email address that CTL will use to send You Marketing Emails.
- Information collected by Third Party Payment Providers. CTL uses Stripe, Inc. (“Stripe”) and PayPal Inc. (“PayPal”) as third party payment gateways to process the payments for purchases made on the Service. When You make a purchase on the Service, You may select Your method of payment. CTL collects and provides Your Personal Information to Stripe and PayPay as part of the payment process, depending on the method by which You chose to pay. Stripe and PayPal use secure socket layer (“SSL”) encryption technology to safeguard Your Personal Information during the payment process.
II. How CTL Uses The Information It Collects:
- CTL, or CTL’s third party service providers (see below) on behalf of CTL, uses the information it collects, including Your Personal Information, to operate and provide the Service and operate CTL’s business, including the following:
- To operate, maintain, enhance, improve, and provide all features of the Service.
- To provide products, services, and information that You request.
- To provide customer service support, including without limitation maintaining customer lists and a back-up history of the products, services, and information that You have purchased or requested.
- To provide You with notices about the Service, business-related information, and to respond to comments and questions.
- To understand and analyze the usage trends and preferences of Users and to develop new products, services, features, and functionality.
- To contact You for administrative purposes such as customer service.
- To send Marketing Emails, including updates on product launches, promotions, surveys, contests, and events relating to products and services offered by CTL. You will have the ability to opt out of receiving such marketing emails as described in the communication or by emailing us at [email protected].
- Personalize the Service, such as “remembering” Your information so that You will not have to re-enter it during Your use of the Service or the next time You use the Service.
- Provide customized marketing, content, and information based on Your activity on the Websites.
- Monitor and analyze the effectiveness of the Service and third party marketing activities.
- Improve the Service.
- Monitor and analyze aggregate marketing and business-related data, such as the number of visitors and pages viewed.
III. CTL’s Disclosure of Information, Including Your Personal Information:
- Your Consent to CTL’s Disclosures and Use of Information. By accessing and using the Service, You consent to CTL’s Privacy Practices described here regarding the disclosure and use of the information collected.
- Information Disclosed To The Public Provided By You. Any information that You voluntarily submit to a publicly accessible area of the Service, such as comments on a course, engage in an online course discussion, or a testimonial, will be publicly available to anyone who has access to that content on the Service, including other Users.
- Information Disclosed By CTL To Its Third Party Service Providers. CTL works with third party service providers to provide services that include, without limitation, website development, application development, web hosting, online coaching courses, cloud storage, maintenance, payment processing, customer support, emails, newsletters, marketing and promotions, analytics, security, and other services and support to CTL. These third party service providers are integrated into the Service and, therefore, may collect, process or otherwise have access to Your information, including Your Personal Information, as part of providing services to CTL.
- Active Campaign. CTL’s marketing campaigns, email newsletter, and email contact inquiries utilize Active Campaign, Inc., a U.S. based, cloud-based marketing platform. Please review Active Campaign’s Terms of Service, Section 4 regarding the use of “Contact Data” from users of the platform such as CTL.
- Information Disclosed By Law. CTL may disclose User information, including Your Personal Information, if required to do so:
- By law or in the good-faith belief that such action is necessary to comply with law or regulations.
- In response to a court order, judicial or other government subpoena or warrant.
- To otherwise cooperate with law enforcement or other governmental agencies.
- Information Disclosed To Protect CTL. CTL reserves the right to disclose User information, including Personal Information, that we believe, in good faith, is appropriate or necessary to:
- Take precautions against liability.
- Protect CTL or others from fraudulent, abusive, or unlawful uses or activity.
- Investigate and defend against any third party claims or allegations.
- Protect the security or integrity of the Service and any facilities or equipment used to make the Service available.
- Protect CTL property or other legal rights (including, but not limited to, enforcement of CTL agreements), or the rights, property, or safety of others.
- Information Disclosed Based On Transfer, Insolvency, Or Bankruptcy of CTL. Information from or about CTL Users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. If CTL acquires another organization, we may share information from or about CTL Users, including Personal Information, with that acquired organization in connection with providing the Service.
- Anonymous Information Disclosed. CTL may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including without limitation:
- Compliance with various reporting obligations.
- Business or marketing purposes.
- Assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
IV. Your Choices:
- Decline Use The Service. You may, of course, decline to share information with CTL by not using the Service or declining a certain part of the Service (e.g. not subscribing to the CTL newsletter).
- Decline Sharing Your Personal Information With CTL. You may decline to share Your Personal Information by not providing certain information requested by CTL and/or adjusting Your cookie preferences, in which case CTL may not be able to provide to You some of the features and functionality of the Service.
- Decline Sharing Your Personal Information With Third Party Content Providers. You may decline to share Your Personal Information with third party content providers (see below) by not clicking on the third party link available on the Service.
- Unsubscribe From the CTL Newsletter. If You subscribed to CTL’s email newsletter, You may unsubscribe at any time by clicking the “unsubscribe” link located at the bottom of the CTL email newsletter. Your email will instantly be removed.
- Stop Or Adjust Your Receipt Of CTL Marketing Emails. If You receive Marketing Emails from CTL, You may:
- Unsubscribe at any time by following the instructions located at the bottom of the CTL email. Your email address will instantly be removed.
- Opt out from receiving Marketing Emails from CTL by sending Your request to CTL by email at [email protected]. Please include “Unsubscribe Email” in the subject line. Changes may take up to seven (7) business days to process Your request, and You may continue receiving Marketing Emails from CTL during this period.
- Additionally, even after You opt out from receiving Marketing Emails from CTL, You may continue to receive administrative or Transactional Emails from CTL regarding the Service as stated above.
- Update Your Account Information. You may update or revise Your account information on the Service by accessing “Account” settings on the Websites.
Please note that changes requested by You will be reflected within a reasonable period of time, however, CTL, or CTL’s third party service providers, may retain Your Personal information for backups, archiving, prevention of fraud and abuse, satisfaction of legal obligations, or where CTL otherwise reasonably believes that it has a legitimate reason to do so.
- Request Deletion of Your Account or Information. You may request that CTL delete Your account or Personal Information as set forth below in Section VIII.
- Do Not Track. Because no standard for implementing “Do Not Track” (“DNT”) has been established in Canada, the United States, or otherwise, the Service does not specifically respond to DNT signals. You can enable or disable DNT through the preferences or settings of Your web browser.
V. Third Party Content:
- The Service features links to content and services, e.g., websites, social media accounts, subscribing to a third party coach’s newsletter, etc., provided by third party content providers. Please note: the Service includes links to CTL’s social media accounts and the Mark Groves Podcast that are accessed on separate, third party platforms (e.g., Apple, Spotify, Facebook, Instagram, etc.). As such, these links constitute third party content by third party content providers.
- These third party content providers may use third party cookies (described above) and tracking devices to automatically collect information about You, that may include Your Personal Information, when You click on a link or social media icon on the Service.
- Content and services accessed via a link to a third party content provider is subject to the third party content provider’s terms of service and privacy policies, even if accessed through the Service.
- Third party content providers, not CTL, are responsible for their respective content, services, and privacy or security policies, even if accessed through a link or content displayed by the Service. We encourage You to learn about the third party content provider’s privacy and security policies before providing Your Personal Information.
VI. Children’s Privacy:
CTL is committed to protecting the privacy of children. British Columbia’s age of majority is nineteen (19) and the Service is not directed to children under the age of nineteen. CTL does not knowingly collect Personal Information from children under the age of nineteen (19) without obtaining parental consent.
- If You are under nineteen (19) years of age, then please do not use or access the Service at any time or in any manner without a parent or guardian’s permission.
- If we learn that Personal Information has been collected on the Service from persons under nineteen (19) years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information.
VII. Data Retention & Security:
- Data Protection Practices. To protect Your Personal Information, CTL, and CTL’s third party service providers, take reasonable precautions and follow appropriate industry practices to protect against loss, misuse, unauthorized access, or alteration:
- Your data is stored by CTL’s third party service providers’ cloud based platforms. To prevent unauthorized access and transmissions, promote data security, and encourage appropriate use of information, CTL’s third party service providers utilize a variety of tools (e.g., encryption technologies, passwords, physical and electronic security, procedural safeguards) to assist in the protection of Your information, including Your Personal Information.
- CTL does not store credit card information. Any Personal Information provided during the payment process is encrypted by Stripe and PayPal using secure socket layer (“SSL”) encryption technology to safeguard the account registration process, sign-up, and payment processing information. Other security safeguards used by Stripe and PayPal include, but are not limited to, data encryption, firewalls, and physical access controls to building and files.
- No Warranty Or Guaranty of Security, Release and Indemnification of CTL. Perfect security, however, does not exist on the Internet or through data transmissions. Unauthorized third parties may unlawfully intercept or access transmissions or private communications. You should not expect Your Personal Information that You provide through the Service can or will remain absolutely private and CTL does not warrant or guarantee that Your information will not be accessed, disclosed, altered, improperly used, or destroyed by a breach of the safeguards employed by CTL, or CTL’s third party service providers. You use the Service at Your own risk. You agree to release, indemnify and hold harmless CTL against any claims based on allegedly inadequate security practices by such third party service providers.
- Your Responsibility To Your Account Information. It is Your responsibility to keep Your access information to Your account on the Service, including Your password, safe and secure by selecting and protecting Your password appropriately and limiting access to Your device and browser by signing off after You have finished accessing Your account.
VII. CTL’s Practices re: Storage, Transfer & Processing of Information:
- General Practice. CTL is a Canadian corporation that operates out of British Columbia, Canada. To operate our business and the Service, CTL, through its CTL’s third party service providers, may store, access, and send information, including Your Personal Information, to locations in Canada or in other countries, including the United States. When information, including Your Personal Information, is transferred to countries other than Your home country, You may not have the same rights and protections as You do under local law. CTL will endeavor to use only third party service providers that store and transfer information in accordance with international law and that do not use, sell or rent information that is collected or accessed through services provided to CTL.
- Data Transfer Agreements. If You are in the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland, information, including Your Personal Information, is transferred by CTL’s third party service providers, from the EEA to:
- Canada is protected under Canadian law, which the European Commission has found will adequately protect Your Personal Information.
- The United States or other country will be based on the Standard Contractual Clauses (previously known as the model contract clauses) authorized by the European Commission. The European Commission has approved the use of Standard Contractual Clauses as a means of ensuring adequate protection when transferring data outside of the EEA. By incorporating Standard Contractual Clauses into a contract established between the parties transferring data, personal data is considered protected when transferred outside the EEA or the UK to countries that are not covered by a decision of adequacy by the European Union commission.
- Invalidation of EU-U.S. & Swiss-U.S. Privacy Shield Framework. Previously, CTL, through its third party service providers, relied on the European Union-U.S. and Swiss-U.S. Privacy Shield Framework (“Privacy Shield”), as certified providers, to transfer data outside of the EEA, however:
- In July 2020, the Court of Justice of the European Union (“CJEU”) in July 2020 invalidated the European Union-U.S. Privacy Shield paradigm in the “Schrems II” case (Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems).
- In September 2020, the Federal Data Protection and Information Commissioner (“FDPIC”) of Switzerland issued an opinion that invalidated the Swiss-U.S. Privacy Shield Paradigm.
- The invalidation by the CJEU or the FDPIC of the Privacy Shield does not change the strong data privacy protections that CTL, through CTL’s third party service providers, has in place for the transfer of information outside of the EEA. CTL, through CTL’s third party service providers, continues to adhere to the privacy principles in effect when previously certified under the Privacy Shield.
- Your Consent to CTL’s Information Practices. By providing any information, including Personal Information, to CTL in connection with the Service, You affirmatively consent to CTL’s Privacy Practices, including the privacy policies of CTL’s third party service providers, re: the transfer, storage, access, and processing of information in Canada, the United States, or worldwide. If You do not consent, then You must not use the Service.
- CTL’s Privacy Officer. For the purposes of the General Data Protection Regulation of the European Union, CTL’s Privacy Officer is also CTL’s Data Protection Officer (DPO). You may request the deletion of Your account and/or Your Personal Information stored and maintained by CTL’s third party service providers, or make any other formal complaint regarding CTL’s Privacy Practices, by using the methods below:
- Email CTL’s Privacy Officer at [email protected]. Please include “Delete My Account” or Delete My Personal Information” in the subject line of your email.
- Written mail or delivery to CTL’s Privacy Officer at:
Attention: Privacy Officer
Mark Groves Consulting, Inc. D/B/A/ Create The Love
1917 West 4th Avenue, Suite 269
Vancouver, BC V6K 1M7
- We will acknowledge receipt of Your request via email within seven (7) business days. Please note that changes requested by You will be reflected within a reasonable period of time, however, CTL, or CTL’s third party service providers, may retain Your Personal information for backups, archiving, prevention of fraud and abuse, satisfaction of legal obligations, or where CTL otherwise reasonably believes that it has a legitimate reason to do so.
- If You are in the EEA, You may lodge a complaint with Your local Data Protection Authority (DPA). The list of DPAs can be found here.
IX: Changes And Updates To This Policy:
- If CTL alters Your rights or obligations hereunder, we will make reasonable efforts to notify You of the change. For example, CTL may send a message to Your email address or generate a pop-up or similar notification when You access the Service for the first time after such material changes are made.
Attention: Privacy Officer
Mark Groves Consulting, Inc. D/B/A/ Create The Love
1917 West 4th Avenue, Suite 269
Vancouver, BC V6K 1M7