Terms and Conditions
Welcome to The Activating Abundance new website http://www.activatingabundance.com This is an important document and affects your legal rights, so please read it carefully. In these Terms and Conditions “we, our, us” refers to Regan Hillyer International and JuanPa Global companies and team with the following details:
Name/Company name: Regan Hillyer International
Address: 3 St Kilda Road, St Kilda Victoria, 3182
Email: [email protected]
Name/Company name: JuanPa Global
Address: 3 St Kilda Road, St Kilda Victoria, 3182
Email: [email protected]
Regan Hillyer became one of the top mindset coaches under 30 who has had global and exponential growth into a multi 7 figure business. She has impacted millions using unique mindset tools and she aims to help you with your personal development. Regan’s passion to helping others achieve extensive financial and personal abundance is powered by a vision where every human has the ability to unlock his or her greatness.
Juan Pablo Barahona (JuanPa) is a transformational leader, speaker, visionary, holistic yoga teacher, healer and coach. As the founder and director of Kawoq Conscious Living School, he has created life changing programs that are globally recognised and shared. These programs enable participants to realise their deepest potential and step into their inner wisdom and infinite power.
“The Companies” is Regan Hillyer International and JuanPa Global
Address: 3 St Kilda Road, St Kilda, Victoria, 3182
Manager: Lauren Till
“Website” means www.activatingabundance.com Those Terms and Conditions applies for both this website and the mobile application (app);
“Product/s and services” means life coaching, weekly success coaching, training programs, business education, online courses and many different classes to which the user is subscribed or interested in;
“User” means the person, partnership or Company who use this website and request a product/services;
“Applicable law” – legal relations arising in connection with this Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. All disputes arising from our website or in relation to it shall be settled amicably. The parties agree that jurisdiction and venue for any matter arising out of or pertaining to this website shall be proper only in the courts located in Australia.
Legal definitions under Regulation (EU) № 2016/679 (GDPR)
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘Filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law
‘Recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
‘Representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27 GDPR, represents the controller or processor with regard to their respective obligations under GDPR;
‘Supervisory authority’ means an independent public authority which is established by a Member State of the European Union;
‘Cross-border processing’ means either (а) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or (b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
Acceptance of these Terms and Conditions
In order to use this website/app and our products/services, the user must accept these Terms and Conditions. By accessing this website and clicking “I accept”, you are agreeing to the following Terms and Conditions. If you do not agree to these Terms and Conditions, then please do not use this website/app and our products/services.
The Company can make changes to these Terms and Conditions from time to time. We encourage users to check this page regularly for any changes to the terms of using this website/app, which might be applied without prior notice. The changes will be effective when published.
The Company shall retain ownership of all content and information on this website. By content we mean, but not limited to, all images, text, graphics, names, logos, trademarks, software patents, registered designs, files, records, notes, analysis, compilations, trainings, expertise, knowledge, proprietary information, trade secret technology. The content of this website is protected under the applicable law. By using this website the user agrees to respect our intellectual property rights. The content of this website may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without the Company prior written permission.
Limitation of liability
The Company shall not be liable to any person for any loss or damage which may arise from the use of any of the information on this website or other websites of the Company. The Company shall not be held responsible for any disruption, interruption or delay caused by any failure of or inadequacy in any of the items which we have no control. The Company cannot guarantee that the software, products and services on this website/app will always function without delay or errors. Many factors may impact the quality of your communications and usage of our software, products, services, website or the app, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply.
Third party sites
Third parties may offer products or services (named “third party content”) via our software, website/app. Whilst we have no legal obligation to monitor third party information listed on our website and we accept no liability for any losses occurred due to a third party’s content. Should we find any information on our site is in violation of the law, we will make every effort for this to be promptly removed. Our liability in that relation shall commence at the time we become aware of the violation.
This website may include hyperlinks to other third party websites. We are not responsible for such third party websites or the availability of such websites and do not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
Our Products and Services
The Company provides life coaching, training programs, business education, online courses and many different classes in order to help, impact and inspire hundreds of thousands of people to take their life and their business to the next level. Also the Company offers weekly success coaching to people who want to take their business and life to the next level.
The Company products and services may only be used for lawful purposes. Transmission, distribution, or storage of any information or data in violation of applicable law is prohibited.
Fees and subscriptions
The fees for our products and services will be confirmed to you before you complete a purchase from our website/app.
On our website, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the Company. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the users for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a user for the first time for newsletter shipping. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter. During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. The subscription to our newsletter may be terminated by the user at any time. It is also possible to unsubscribe from the newsletter at any time directly on the website of the Company through the button “Unsubscribe”, or to communicate this to the Company in a different way.
The user must use our products and our website/app in accordance with the laws of where you are located. In some countries may exist some restrictions on the usage of our products and our website/app. It is your responsibility to ensure that you are legally allowed to use them in accordance with your national law.
The Company will charge users for subscribed newsletters. For that purpose we may collect personal information (e.g. your name, address, telephone number or email address, credit/debit cards, bank details). Your personal information shall be used in accordance with these Terms and Conditions, applicable law and Regulation (EU) 2016/679 of the European parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (GDPR). We reserve the right to remove or amend the available payment methods at its sole discretion.
Refunds or return will not be provided for any purchased Activating Abundance merchandise/products. We do not provide credits. Regan Hillyer International and JuanPa Global reserves the right to offer a replacement in consideration on faulty products in select circumstances at it’s sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
When using our website, there may be cases of some information stored on your device. Usage of a cookie is in no way linked to any personally identifiable information while on our website and/or app.
We may store an information about the users that we collect through cookies, log files and third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. This profile may be used to tailor a user’s visit to our website and/or app, and to direct pertinent marketing promotions to them. We, as the owner of this website, have no influence over third-parties sites and content, so we cannot restrict that.
This website may send you an email newsletter in order to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process if they wish to do so but do so on their own responsibility. Some subscriptions may be manually processed through prior written notice.
Users can unsubscribe at any time. That can be done through an automated system. The unsubscribing process is detailed at the footer of each email. If an automated unsubscription system is unavailable clear instructions will be given.
Personal data protection
We would like to inform you that Regan Hillyer and her team abide by the new Regulation (EU) 2016/679 of the European parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (GDPR). In this connection we would to inform our users about:
Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Name/Company name: Regan Hillyer International
Name/Company name: JuanPa Global
Address: 3 St Kilda Road, St Kilda Victoria, 3182
Email: [email protected]
What kind of personal data we collect
We may collect, use, store, transfer and processing (including cross-border processing) a variety of personal data, including: identity data: first name, last name, username, or similar identifier, title, date of birth and gender; contact data: email address and telephone numbers; technical data: internet protocol (IP) address, your login data, browser type and version, time zone and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website and our services; profile data: your username and password, preferences, feedback, and survey responses, the date and time of the registration; comments on our Success blog, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject; usage data: information on how you use our website and services.
We also collect, use, and share aggregated data, such as statistical or demographic data, for any purpose. Aggregated data may be derived from your personal data, but is not considered personal data by law as this data does not reveal your identity, either directly or indirectly. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combining aggregated data with your personal data directly or indirectly identifies you, we treat the combined data as personal data and subject to the terms of this privacy notice.
How we collect personal data
We use different methods to collect data from and about you including through: direct interactions; you may give us your identity, contact data by filling in forms or by corresponding with us by post, phone, e-mail or through contact us or social media. This includes personal data you provide when you:
- sign up to receive а Newsletter and/or eBook;
- become a client/user on our website/app;
- enrol in a group program;
- purchase a home study program online;
- engage with us on social media;
- enter a business education, online courses and classes, promotion or survey;
- leave comments or reviews on our products or services.
Purposes of processing
According to Art. 13 of GDPR, we inform our users about the purposes of processing personal data. The prime purpose of collecting your data is to provide users with services offered by our website/app, whether that’s using our website/app to find information, to contact us, to enter into training program, or for some other reason. No matter how you use our website, our aim is to allow you to interact with it as effortlessly as possible.
Other purposes for processing personal data are as follows: to provide users with our services and offer them our products; for subscription to our enterprise’s newsletters; for registration of new user; to manage the relationship between us and the user (notification of changes of these Terms and Conditions, requesting of feedback, etc.); to administrate and protect our business and the information on our website/app (including data analysis, testing, system maintenance, support, reporting and hosting of data); to use data analytics to improve our website, products and services, customer relationships and experience.
What are users’ rights
In accordance with GDPR requirements, every user who falls in the scope of personal data Regulation, has:
- Right to receive a copy of your personal data held by the Company and access to personal data;
- Right to rectification;
- Right to erasure (‘right to be forgotten’);
- Right to restriction of processing;
- Right to data portability (the right to transmit personal data to another controller without hindrance from the controller to which the personal data have been provided);
- Right to object;
- Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
You are not required to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. These are our rights in accordance with GDPR.
Above-listed data subjects’ rights are subject to certain exceptions and exclusions, and we may be unable to comply in full with your request.
In case of users request to exercise any of the above listed rights, they are entitled to contact us on the following e-mail address: [email protected]
We will provide the requested information within one month of receipt of the request. In rare cases, that period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Of course, the users will be informed about that. If we have reasonable doubts concerning the identity of the natural person making the request, we may request the provision of additional information necessary to confirm the identity of the data subject.
Users have the right to file a complaint at any time with the supervisory authority for data protection issues. However, we would appreciate the opportunity to resolve all concerns before you approach the authority, so please consider contacting us first.
Legal basis for the processing
Art. 6 (1) lit. b, c, d, f GDPR serve as legal basis to process users’ personal data. Art. 6 (1) lit. b GDPR – for the performance of a contract to which the user is party or in order to take steps at the request of the user prior to entering into a contract. If the processing of personal data is necessary for the performance of a contract to which the user is party, as is the case, for example, when processing operations are necessary for the supply of products or to provide any other service, the processing is based on Article 6 (1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Art. 6 (1) lit. c GDPR – for compliance with a legal obligation to which we are subject. Art. 6 (1) lit. d GDPR – to protect vital interests of the user or of another natural person. This would be the case, for example, if a visitor were injured in our Company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Article 6 (1) lit. f GDPR – this legal basis is used if processing is necessary for the purposes of the legitimate interests pursued by our Company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller or for direct marketing purposes (Recital 47 GDPR).
We do not rely on your consent as a legal basis to process your personal data. Your personal data may be processed for more than one lawful ground, depending on the specific purpose for its use. Please contact us at [email protected] if you require additional information.
If you choose not to provide the personal information we request, you can still visit most areas of our website but you may be unable to access certain options and services. You have the final decision on whether to proceed with any activity that requests personal information.
In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don’t provide your personal data – for example, if you do not provide us with your personal data, you will not be able to enter into new training program. We will let you know how this will affect you at the time.
Period for which the personal data will be stored
Users’ personal data will be retained only as long as necessary to fulfill the purpose(s) for which it was collected, including legal, accounting, or reporting requirements. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
These Terms and Conditions are effective on August 1st 2018, for current users, and upon acceptance for new users.