This Privacy Policy (“Policy”) governs how we at Elev8 Designs Co (“we”, “our” or “us”) collect, use, share and protect the personal information you provide to us when you access our website and/or mobile app (collectively, “Site”), purchase, access and/or download any Products, Courses, Templates, Done for You Services (collectively, “Services”), or engage with us on social media. This Privacy Policy also sets out your rights with respect to your personal information that we collect. In this Privacy Policy “you” or “your” refers to any individual who accesses our Site or Services, or engages with us on social media.
This Policy is legally binding. We reserve the right to update and change this Policy and will make our best effort to update the date “Last Updated” above each time we make changes. You can review our most recent changes by visiting this page. By continuing to use our Site, you waive specific notice of, and accept all changes to our Policy made from time to time. We encourage you to return to this page each time you access our Site or engage with us on social media, to ensure you have read our most recent Policy.
We collect certain types of information from you when you visit our Site, access our Services, subscribe to our newsletter, fill out a form, download resources, make purchases, take a survey, Elev8tion Consultation application or interact with us on social media. By accepting this Policy, you are specifically consenting to (i) our collection of information as described below; (ii) our use of the information collected (iii) the processing of this information; and (iv) our sharing of data with third-party processors as needed to run our business.
Here are some examples of the data we collect. However, this may not be a complete list of information we collect:
Personal Information
Personally identifying information such as your name, billing and/or shipping address, telephone numbers, email addresses, and other demographic information, such as your age and gender.
Financial Information
Financial information (such as credit card and/or bank account numbers) in connection with any transaction you make on our Site. We store limited financial data, as most financial data is transferred to third-party payment processors we use. We strongly encourage you to review the privacy policy of Stripe, the third-party payment processor we use to process payment when you purchase anything from our Site. You can also email us at hello@elev8designs.co and request a list of all third-parties with whom we share your information in order to run our Site and Services.
Computer, Browser and Mobile Information
Computer and connection information such as statistics on your page views, traffic to and from the Site, your unique resource locator (“URL”), advertisement data, your internet protocol (“IP”) address, your browsing history, and your Site log information. If you access our Site via your mobile phone, we may collect information about your device such as but not limited to, the model, manufacturer, device identification and your location information.
Social Media Information
Information from any social media networking platforms and applications (“apps”) including, but not limited to, Instagram, Facebook, LinkedIn, YouTube, Twitter, Snapchat and TikTok, which may include your name, username on any of these platforms, location, email, age, gender, profile picture and any other public information you have included on any of your social media profiles. If you want to limit this data, you should review the policies and security settings of each social media service respectively.
Other Information
From time to time, you may voluntarily give us other information in order to complete a form, enter a contest or giveaway or to participate in a survey.
Sensitive Information
We will not request sensitive information from you at any time. Please do not submit any sensitive data to us, whether via public postings, email correspondence with us, or any other method, including your social security number, health data, genetic data, or information related to your ethnic origin, religious beliefs, or criminal history. If you do send us this information, then by doing so you are consenting to our use, storage, and processing of this information in accordance with this Policy.
Information You Voluntarily Provide
We collect information you voluntarily and manually provide when you use our Site, such as when you purchase or access Services or certain content on our Site, sign up for our newsletter, submit a form, send us questions, or interact with us through this Site or on social media. Some of the information you manually provide may be personal information, such as your name or email address.
Information from Your Website Browser or Mobile Device
We collect information that is sent to us automatically from your website browser or mobile device, such as your IP address, the name of your operating system, the name and version of your browser, date and time of your visit, page(s) you visit and length of time you spent on each page. The information we receive may depend on your browser or device settings. Information received from your website browser and mobile device typically is not, in and of itself, personally identifiable. However, we may combine it with other information in an attempt to identify you, or we may combine it with information that does identify you.
Tracking Technologies
We collect information when you visit our Site and through our email communications, by using cookies, pixels, website beacons, tags, and other tracking technologies to collect information about your engagement, as well as your browsing and purchasing behaviour. These tracking technologies include:
Website Analytics
From time to time, we may use third party analytic tools operated by third-party companies, such as but not limited to, Google Analytics and Facebook Pixel. These analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our Site to determine the popularity of the content and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access our Site, you are consenting to the collection and use of your information by these third-party analytic companies. We recommend that you review their respective privacy policies and contact them directly with any questions or requests to delete your information. If you do not want any of your information to be collected and used by tracking technologies, visit Digital Advertising Alliance of Canada Opt-Out Tool.
Use of Information
Generally, the purpose of collecting your information through this Site is to:
Retention of Information
We generally retain your information only as long as is reasonably necessary to provide you with the Services, comply with our legal obligations or until you request that we delete your information. Any information we no longer need will be permanently deleted.
Processing Your Information
Generally, we do not process or hold your information but instead we use third-party processors to process your data. In order to carry out our business, it is necessary for us to transmit certain information to third-parties. For instance, when you purchase a Service from our Site, your payment information may be collected by a third party, such as but not limited to, Stripe.
In some instances, however, we may process your information internally. When you agree to be bound by our Policy, you consent to our processing of your information for such purposes to carry out our business interests.
Disclosure of Your Information
We will not sell your information to any third-party. We may share your information with third-parties from time to time in certain situations and in order to carry out the following business operations:
Third-Party Apps
The following is a list of Third-Party Applications we currently use on our Site and in delivering our Services:
We confirm the above list may not be exhaustive, and we reserve the right to add, change, or stop using any Third-Party Applications at any time, without notice.
Information Storage
While our company is a [Canadian] company, our Site is hosted with servers located primarily in the United States, United Kingdom and Europe. Accordingly, we may transmit your information outside of the province and/or country where you live and transferred data may be subject to the laws of those countries. If you reside in the European Union (“EU”), your information will be transferred internationally to those servers. We have taken all reasonable measures to ensure that we use website hosting servers and third-party processors located in Canada and the United States which have put in place appropriate safeguards to protect data once it is transferred to that country, however we make no guarantees. It is your responsibility to review all third-party applications’ terms and policies, and to review website policies that you may be redirected to when using our Site.
We respect your rights to your personal information and data. You have the right to access, correct, request restriction or deletion of your information, or request how we use your personal information and data collected, as required by applicable law. Upon receipt of any request relating to your privacy, we reserve the right to request that you first provide us with evidence of your identity before we take any action.
After verification of identity, you have the right to:
If you wish to have any third-parties, including those to whom we’ve transmitted your information, delete your information, you will need to contact those third-parties directly to do so. Upon request, we will provide a list of all third parties to whom we have transmitted your information.
Complaints
If you are an EU resident, you have the right to complain to a supervising authority if you believe we are misusing your information or have violated any of your rights under this Privacy Policy or applicable law. You may do so in the EU member state in which you reside or have your place of business or in which the alleged infringement took place. If you are located outside the EU, you may have rights under privacy laws in the jurisdiction where you live.
Data Protection Plan
We take steps to protect your data, however we provide no guarantee that your data is secure.
We take all reasonable precautions to protect your information. When you submit information through our Site, your information is protected both online and offline. Wherever we collect information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate, such as but not limited to a closed lock icon in your website browser. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only our personnel who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Opting out of Communication
At any time, you may opt out of communication from us, such as email newsletters, simply by clicking on the “unsubscribe” link in any email you receive from us. We reserve the right to maintain a database of past email subscribers and to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or other marketing campaigns.
Children’s Privacy
You must be at least 18 years old to use our Site, or the age of majority in the province and/or country that you reside. We do not knowingly collect, use or disclose personal information about visitors under 18 years of age. If you are under 18 years of age or the age of majority in the province and/or country where you reside, please do not use our Site. If you become aware that we have collected information from anyone under the age of 18 or the age of majority in their province and/or country where they reside please contact us at hello@elev8designs.co so we may delete that information.
Security of Your Information
We take all reasonable steps to protect all information we collect and to keep it secure. We use recognized online secure payment systems, reputable third-party processors and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure or method of data transmission can be guaranteed against interception or misuse. We do not guarantee complete security of any information you transmit to us. By consenting to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties and you understand and accept this risk. We will notify you promptly of any known breach of our security systems or your information which might expose you to serious risk.
Contact us
If you have any questions about our Privacy Policy or wish to exercise any of your rights as set out in this Privacy Policy, please contact our dedicated data manager at hello@elev8designs.co
This website (“Site”) is owned and operated by Elev8 Designs Co., a business operating under the laws of Ontario, Canada. In these Terms and Conditions of Use (“Terms”), “we”, “us” and “our” refer to Elev8 Designs Co. and the terms “you” or “your” refer to any individual user of our Site.
It is your responsibility to carefully read these Terms prior to using our Site or purchasing or accessing any of our services, products, content, webinars, courses, resources, members platforms or (collectively, “Services”). These Terms govern and define your use of the Site and Services and are legally binding on you.
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms.
Acknowledgement and Consent to Terms
When you accessed our Site, you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site and/or Services, and by actively clicking the acknowledgement box agreeing to these Terms and our Privacy Policy, you are legally bound to these Terms and our Privacy Policy whether or not you have read them. If you do not agree with any of our Terms, please discontinue use of our Site and Services immediately. If you wish to have any of your personal information and/or access to our Site removed, you may email us at hello@elev8designs.co and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy.
Minimum Age
You warrant to us that you are at least 18 years old or the minimum legal age of majority in your province and/or country of residence to use our Site and/or Services. Using our Site and Services if you are under 18 years old or the minimum age in your province and/or country is a violation of use, and we reserve the right to terminate your access if it is discovered you are a minor.
Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site or Services, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
Updates and Changes to Site
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered, or prices for Services on our Site, without notice, at any time. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
Fees
Fees for our Services are as listed on our Site and are in USD. We reserve the right to change our Fees at any time and without notice.
Refunds
Due to the digital nature of our products we do not provide refunds.
No Chargebacks
You acknowledge and agree that these Terms supersede the terms of use and refund policies of any third-party payment processor or platform used by us to administer the Services. You further agree to be responsible for any fees, including legal fees, incurred by us as a result of recouping payments owing to us as a result of your initiation of any chargeback.
Intellectual Property Rights
All images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks, copyright and service marks (collectively, “Intellectual Property”) are owned by us, unless attributed otherwise. All content on the Site is proprietary to us.
If you wish to use, publish or refer to any of our Intellectual Property, you must do so by first requesting permission by emailing us at hello@elev8designs.co Permission is not granted until you receive such express permission in writing from us and any terms we outline for use, which may include you providing obvious credit to us and including a link back to the webpage on our Site and/or to the social media platform where our Intellectual Property was originally posted. In no event do you obtain any rights or ownership in our Intellectual Property, or may you claim that it is your own content or creation.
Use of Materials
When as part of our Services, you are provided with certain materials for your personal use such as ebook templates, press kit templates or other digital downloads, you acknowledge that you do not obtain any ownership interest or other rights to the materials and all copyrights and intellectual property remain with us. As a condition of your use of any materials provided to you through this Site or Services, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you.
Course, Guide or Program Use and License
Subject to and in accordance with these Terms and any additional guidelines provided by us, upon purchasing a Course, Guide or Program (collectively, “Course”), we grant you a limited, non-transferable, non-assignable, non-exclusive, revocable license (“License”) to make individual use of the Course, including any Course updates. This License provides you the ability to view the Course in accordance with this License. Specifically, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or by any means (including by email, on any social media platform or other electronic means) any materials or content provided by us as part of the Course. You may however, from time to time, download and/or print the Course materials as needed for your personal and individual use only, and provided that you keep intact all copyright and other proprietary notices. You may not assign or transfer your obligations or rights granted under this section to any person at any time. We reserve the right at any time to revoke the License and terminate your access to the Course at any time if we, in our sole discretion, discover or determine that you have violated these Terms. We will make reasonable efforts to notify you of any violation of the Terms and the opportunity to remedy your violation. If, however, you fail to remedy the violation or continue to violate these Terms, we will terminate your access to the Course and you will not be entitled to any refund of fees.
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your use of our Intellectual Property and our enforcement of our rights.
Security
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to hello@elev8designs.co.
Use of Third-Party Applications
In order to run our Site and provide our Services, we use a number of third-party applications for processing payment, delivering electronic newsletters, booking systems, etc. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand that it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.
Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
Any communications made through our ‘contact’, blog, blog comments, newsletter sign up, Elev8tion Consultation application, or other related pages, or directly to our phone(s), mailing or email addresses, is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our Site, servers, comments, emails, social media, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy on this page.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate.
Assumption of Risk
You expressly acknowledge and assume all risk associated with your access to the Site and Services and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided to you.
Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that all Services and related materials are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable.
Earnings Disclaimer
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success, business growth or financial gain, or increased social media following merely upon access of our Site or your use of Services.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.
Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site or Services will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
No Guarantees
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services.
Third-Party Contributors
We may provide content to you written or presented by third-party contributors on our Site. While we make our best effort to ensure all of our writers or contributors are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy. All written or visual content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.
Online Store Disclaimer
Certain Services may be available exclusively online through the Site and in limited quantities. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services and pricing of Services are subject to change at any time without notice and we reserve the right to discontinue any product at any time.
We do not warrant that the quality of any Services will meet your expectations, or that any errors in the Service will be corrected.
Release, Indemnity and Waiver
Our Site and related materials are provided for educational and informational use only. You agree to indemnify release and save harmless Elev8 Designs Co. and its agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns (collectively, “Released Parties”) for any direct or indirect loss or damage incurred as a result of your use of our Site, Services or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Site or Services. You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future.
Limitation of Liability
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Site or the Services. We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Site and Services.
Affiliates
We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services without notice, and if necessary, block your IP address from further visits to our Site.
Full Agreement
You acknowledge that these Terms, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.
Governing Law and Jurisdiction
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Burlington, Ontario
Dispute Resolution
If we are unable to resolve any dispute related to these Terms by informal negotiations, then any resolution of this dispute will be conducted by mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.
Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Survival
These Terms shall survive and will continue to be in full force and effect notwithstanding your decision to discontinue your use of our Site.
Waiver of Breach
The waiver by us of any breach of these Terms by you will not be taken to be a waiver of any of your future breaches. We reserve the right to exercise or enforce our rights at a later date.
All Rights Reserved
All rights not expressly set out and granted in these Terms and/or our Privacy Policy are reserved by Elev8 Designs Co.
Contact
If you have any questions about these Terms, please send an email to: hello@elev8designs.co