The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which mentoring may be provided (collectively the "Platform"). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website girlsbuildingempires.com and its related apps. By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform. When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").
The Mentor and Mentor Services The Platform may be used to connect you with a Mentor or Mentee who will provide or receive services to/from you through the Platform (“Mentor Services”).
Third Party Content The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.Disclaimer of Warranty and Limitation of Liability YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE MENTOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Your account, representations, conduct and commitments You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract. You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You agree and commit not to use the account or Account Access of any other person for any reason. You agree and confirm that your use of the Platform, including the Mentor Services, are for your own personal use only and that you are not using the Platform or the Mentor Services for or behalf of any other person or organization. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned. You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law. You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Mentor and us. If you receive any file from us or from a Mentor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file. You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Mentor Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement. You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
Payment processing services for Mentor Services on Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or choosing or continuing to operate as a Mentor on Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Platform enabling payment processing services through Stripe, you agree to provide Platform accurate and complete information about you and your business, and you authorize Platform to share it and transaction information related to your use of the payment processing services provided by Stripe. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information. If you have any concerns about a bill or a payment, please contact us immediately by sending an email to email@example.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Mentor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.
Modifications, Termination, Interruption and Disruptions to the Platform You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
Notices We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to firstname.lastname@example.org.
Important notes about our Agreement This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws. You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the U.S. District Court for the Northern District of California, or the state courts located in Santa Clara County in California. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT. We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services. We may freely transfer or assign this Agreement or any of its obligations hereunder. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
-To create your account on our Platform and let you log in to your account and use the Platform. -To manage your account, provide you with customer support, and ensure you are receiving quality service. -To contact you or provide you with information, alerts and suggestions that are related to the service. For billing-related purposes. -To reach out to you, either ourselves or using the appropriate authorities, if either we or a Mentor have a good reason to believe that you or any other person may be in danger or may be either the cause or the victim of a criminal act. -To match you with a Mentor. -To enable and facilitate the Mentor Services. -To supervise, administer and monitor the service. -To measure and improve the quality, the effectiveness and the delivery of our services.Market the Platform and Mentor Services to you. -To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. -To comply with applicable state and federal laws, including, but not limited to laws related to protecting client and public health and safety. -To provide, support, personalize, and develop our Platform and Mentor Services.To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Websites, third-party sites, and via email or text message (with your consent, where required by law).
Opting out of Marketing Communication You can opt out of receiving email marketing by unsubscribing using the unsubscribe link provided in all of our marketing email communications.
Security While using any Internet-based service carries inherent security risks that cannot be 100% prevented, our systems, infrastructure, encryption technology, operation and processes are all designed, built and maintained with your security and privacy in mind. We apply industry standards and best practices to prevent any unauthorized access, use, and disclosure. We comply with or exceed all applicable federal laws, state laws, and regulations regarding data privacy.
Service Providers We may employ third party companies and individuals to facilitate our Platform, to perform certain tasks which are related to the Platform, or to provide audit, legal, operational or other services for us. These tasks include, but not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing and payment processing, reporting and analytics. We will share with them only the minimum necessary information to perform their task for us and only after entering into appropriate confidentiality agreements.
Children's Privacy We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to become our user. The Platform is not directed and not intended to be used by children under the age of 13. If you're aware that we have collected Personal Information from a child under age 13 please let us know by contacting us and we will delete that information.
International Transfer Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction. Regardless of where your data is stored, it will be maintained securely as outlined in this policy. Your consent to our Terms and Conditions followed by your submission of such information represents your agreement to such transfers.
Compliance with Laws and Law Enforcement We cooperate with government and law enforcement officials to enforce and comply with the law. We may disclose information necessary or appropriate to protect the safety of the public or any person, to respond to claims and legal process (including but not limited to subpoenas), and to prevent or stop activity that may be illegal or dangerous. You should also be aware that Mentor may be obliged to disclose information to law enforcement or other authorities to conform to their professional and legal responsibilities. Specifically, and without limitation, you should be aware that the law requires mental health professionals to disclose information and/or take action in the following cases: (a) reported or suspected abuse of a child or vulnerable adult; (b) serious suicidal potential; (c) threatened harm to another person; (d) court-ordered presentation of treatment.
You can view and edit any personal data that you have provided to us using this website. Automated processing of your Personal Information is necessary to operate the Platform effectively and to provide mentoring and related services. You can exercise any of the rights the law confers to you, like for example: opt-out of all data processing, or request erasure of your data by following the instructions on our opt-out-page. In some cases, we may be required to retain personal data to comply with applicable medical record retention laws. Girls Building Empires is the Controller with respect to your Personal Data. You can contact our Data Protection Officer with questions, concerns or objections about this policy, or about your data by writing to: Girls Building Empires email@example.com
Privacy Notice for California Residents
Information We Collect Through your use of our website, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, our Websites have collected the following categories of personal information from its consumers within the last twelve (12) months. Additionally, we have disclosed the following categories of information for a business purpose in the past twelve (12) months:
-Identifiers. (Collected: Yes; Disclosed for a business purpose: Yes) -Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). (Collected: Yes; Disclosed for a business purpose: Yes) -Protected classification characteristics under California or federal law. (Collected: Yes; Disclosed for a business purpose: Yes) -Commercial information. (Collected: No; Disclosed for a business purpose: No) -Biometric information. (Collected: No; Disclosed for a business purpose: No) -Internet or other similar network activity. (Collected: Yes; Disclosed for a business purpose: Yes) -Geolocation data. (Collected: Yes; Disclosed for a business purpose: Yes) -Sensory data. (Collected: No; Disclosed for a business purpose: No) -Professional or employment-related information. (Collected: No; Disclosed for a business purpose: No) -Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). (Collected: No; Disclosed for a business purpose: No) -Inferences drawn from other personal information. (Collected: Yes; Disclosed for a business purpose: No) Personal information does not include:
-Publicly available information from government records. -Deidentified or aggregated consumer information. -Information excluded from the CCPA's scope, like: --health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; --personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Girls Building Empires obtains the categories of personal information listed above from the following categories of sources:
-Directly from you. For example, from information, you submit on the Platform during the process of using and paying for our Services. -Indirectly from you. For example, from observing your actions on our Websites. -From third-party business partners such as social media sites, ad networks, and analytics providers Use of Personal Information First and foremost, Girls Building Empires does not sell and has not sold any Personal Information in the preceding twelve (12) months. We may use or disclose the personal information we collect for one or more of the following business or marketing purposes:
-To create your account on our Platform and let you log in to your account and use the Platform. -To manage your account, provide you with customer support, and ensure you are receiving quality service. -To contact you or provide you with information, alerts and suggestions that are related to the service. -For billing-related purposes. -To reach out to you, either ourselves or using the appropriate authorities, if either we or a Mentor have a good reason to -believe that you or any other person may be in danger or may be either the cause or the victim of a criminal act. -To match you with a Mentor. -To enable and facilitate the Mentor Services. -To supervise, administer and monitor the service.To measure and improve the quality, the effectiveness and the delivery of our services. -Market the Platform and Mentor Services to you. -To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. -To provide, support, personalize, and develop our Platform and Mentor Services. -To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Websites, third-party sites, and via email or text message (with your consent, where required by law).
Girls Building Empires will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information Girls Building Empires may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share the minimum necessary personal information with the following categories of third parties:
-Service providers that provide audit, legal, operational, technical or other services for us, such as: --Customer serviceTechnical maintenance --Monitoring website activity --Email management and communication --Database managementBilling and payment processing --Reporting and analytics --Marketing and advertising -Mentor who provide the Mentor Services Your Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Right to Request Access to Information You have the right to request that Girls Building Empires notifies you of the personal information about you that we have collected and used. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
-The categories of personal information we collected about you. -The categories of sources for the personal information we collected about you. -Our business or commercial purpose for collecting that personal information. -The categories of third parties with whom we shared that personal information. -The specific pieces of personal information we collected about you. -If we disclosed your personal information for a business purpose and identifying the personal information categories that each category of recipient obtained.
Right to Request Deletion of Information You have the right to request that Girls Building Empires deletes any of your personal information that we collected about you and retained. Once we receive your request and verify who you are, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
-Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. -Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. -Debug products to identify and repair errors that impair existing intended functionality. -Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. -Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. -Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. -Comply with a legal obligation.Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Your Rights To exercise the rights listed above, please submit a request in writing to Girls Building Empires via the contact information listed in the Contact Information section. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child. You may only make a request for access twice within a 12-month period. Your request must:
-Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. -Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a request does not require you to create an account with us. We will only use personal information provided in a request to verify your identity or authority to make the request. Response Timing and Format We endeavor to respond to a request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. For Requests to Access, our response will only cover the 12-month period preceding the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. We will not: -Deny you goods or services. -Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. -Provide you a different level or quality of goods or services. -Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Other California Privacy Rights California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org
Contact Information If you have any questions or comments about this Notice, the ways in which Girls Building Empires collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Girls Building Empires email@example.com