Last Revised: «16» March 2021

This Privacy Policy, together with our Terms https://gilligan-creative.com/privacypolicy and any additional provisions that may be incorporated by reference into the Terms, apply to your use of our Website located at https://gilligan-creative.com/ and our Services and Workshops. In this Privacy Policy, the term «Service», «Workshop» and «Website» have the same meaning as described in the Terms.

We collect Personal Data when it is required by law or when it is necessary to verify your identity and protect your account from fraudulent activity.

The Website and the Services are not directed to children under the age of majority, as defined by applicable law in your country of residence. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Website and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of majority, we will promptly delete it, unless we are legally obligated to retain such data.

Under data protection legislation, such as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the Personal Data (Privacy) Ordinance and other applicable laws, we are required to provide you with certain information about who we are, how we process your Personal Data and for what purposes, and your rights in relation to your Personal Data.

Please read the following carefully to understand our practices regarding your Personal Data and how we will treat it.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY IN GENERAL OR ANY PART OF IT, YOU SHOULD NOT USE THE WEBSITE AND THE SERVICES.

1. NAME AND ADDRESS OF THE CONTROLLER

Name: Omega Institute
Postal address: 1504 Crest Drive Encinitas San Diego CA United States
Email: [email protected]

2. WHAT DATA, FOR WHAT PURPOSES, BASED ON WHAT GROUNDS, AND HOW LONG WE PROCESS

Registration information and Usage. When you register to use our Services, access to Workshop by establishing an account and access our Website we will collect following Personal Data:

· full legal name;

· place of citizenship;

· phone number;

· email address, corporate and personal;

· pictures or videos you submit.

Why do we retain Personal Data. This is necessary for us in order to enter into a contractual relationship with you or your company in your or your company interest and we need to comply with legal or regulatory obligations.

Purposes. We collect this information for the following purposes:

• authenticate your access to the Account and our Services;
• communicate with you about your Account, the Website, the Services, access to the Workshop;
• manage and protect the Website, the Services, and you from abuse of the Services and fraud by verifying your identity;
• respond to your requests, for example to contact you about a question you submitted to our Tech support team;
• carry out any actions for which we have received your consent.

Record. Your emails, calls and other correspondence to and from us may be recorded for various purposes, including: monitoring customer service quality or compliance, checking accuracy of the information you provide us, preventing fraud or providing training for our staff or customer service representatives.

Logging in to the Website. When you log in to the Website, we will collect following Personal Data:

· information about the device you use to access your account, including the hardware model, operating system and version, and unique device identifiers, but this information is anonymized and not tied to any particular person.

· technical information about your use of our Services, including the type of browser and version you use, the Internet Protocol (IP) address used to access your account.

· location data includes your current location disclosed by GPS technology.

· information on page response time, loading errors, duration of visits to certain pages, information about the relationship of pages (for example, scrolling, clicks and mouse hovering) and methods used to navigate from the Website.

Why do we retain Personal Data. This information is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Purposes. We collect this information for the following purposes:

· to improve our Website and our Services and our Workshops;

· to provide personalized services (also called interest-based marketing) offered by us on third-party sites and online services;

· to tailor the marketing content and certain Website experiences to better match your interests and other third-party sites.

Aggregated data. We also collect, use and share aggregated data such as statistical or demographic data for any purpose (Aggregated Data). Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

Special Categories of Data. We do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

Retention. We retain Personal Data in an identifiable format for the least amount of time necessary to fulfill our legal or regulatory obligations and for our business purposes. We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and is not directly prohibited by the applicable law. When Personal Data is no longer necessary for the purpose for which it was collected, we will remove any details that identifies you or we will securely destroy the records, where permissible. However, we may need to maintain records for a significant period of time, as mandated by regulation.

3. YOUR LEGAL RIGHTS AND OBLIGATIONS

Under data protection legislation, such as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the Personal Data (Privacy) Ordinance and other applicable laws you as the subject of Personal Data have the following rights.

Request access to your Personal Data. If you want to confirm that We processes your Personal Data, or to have access to Personal Data that it may have about you, contact us at [email protected]. You can also request information about purpose of processing; relevant categories of Personal Data; with whom we share your Personal Data; what was the source of the data (if you did not provide them directly to us); how long it will be stored.

Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below). Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:

(a) if you want us to establish the data's accuracy;

(b) where our use of the data is without compelling legal grounds unlawful, but you do not want us to erase it;

(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Right to make a complaint at any time to the supervisory authority for data protection issues of your country. We would, however, appreciate the chance to deal with your concerns before you approach the authority, so please contact us in the first instance, whenever you are experiencing an issue concerning your Personal Data. We will reply to your complaint as soon as we can and in any event, within thirty (30) days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

LEGAL RIGHTS DISCLAIMER. We reserve a right to decline your request to exercise any of the rights under this section 3 if we are not legally obligated to provide such rights under the laws of the jurisdiction of your residence.

Your Obligations. You have certain obligations, including (i) you must comply with the then current version of this Privacy Policy and the Terms, (ii) you must not abuse our Services by using it to spam, abuse, harass, or otherwise violate the rights of other users, and (iii) you must keep your password and account information confidential.

4. HOW WE ACQUIRE YOUR DATA

Information may come from:

· directly from you (from our communication or forms that you filled);

· from cookies stored in your browser by our Website;

· GPS technology to determine your current location;

· from other sources including third parties and publicly available sources. We may combine that with information we collect through our Website.

5. CONSENT

Consent. By submitting information, including personal data, to the Omega Institute, you are expressly and voluntarily accepting the terms and conditions of this privacy policy. You have the right to withdraw your consent to the Omega Institute's collection and use of your information by changing your account settings or closing your account, but your withdrawal of consent will not be retroactive.

Usage. We may use the information you provide to (i) provide our Websites, our Services and access to Workshop to you and administer your use of our Websites, our Services and access to Workshop, (ii) improve and enhance the Websites and/or our Services and their features and functionality, (iii) to communicate with you and fulfill requests you may make, (iii) to provide you with information and announcements with respect to our Services, and (iv) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties.

General. We do not sell or rent your Personal Data to third parties. Further, we only share your Personal Data with third parties as described in this Privacy Policy, including to carry out your instructions or to provide our Services, unless otherwise compelled by law or as necessary to enforce our Terms of our Services or to protect the rights or property of the Omega Institute or its users or the public. We may provide Aggregated Data about the usage of the Omega Institute service to third parties for purposes that we deem, in our sole discretion, to be appropriate.

Your account. We will display the Personal Data you select in your profile page and elsewhere in our Services according to the preferences you select in your account settings. This Personal Data will be made available for public viewing to other users.

6. OPTING OUT OF EMAIL

If you provide us with your email address, we our partners of the Omega Institute may send you emails regarding the Omega Institute or the products we offer. You can choose to opt out of receiving email from the Omega Institute at any time. If you wish to opt out with respect to more than one email address, you must provide a separate request for each email address. Every email sent from the Omega Institute will include appropriate unsubscribe instructions. To opt out of all email marketing messages from us, you must follow the instructions provided with each email.

7. COOKIES

We may log information using «cookies». When you visit the Website, we invite you to read and accept our use of cookies. By accepting the banner and continuing to use the Website, you agree to the placement of cookies in your browser in accordance with this Policy. A cookie is a small text file that is stored on your computer to help us make your visit to our sites more «user-friendly». Cookies provide us with information about your use of the Website that can help us improve the Website and your experience with it. We will process Personal Data collected through cookies in accordance with this Privacy Policy. If you have set your browser to warn you before accepting cookies, you should receive a warning message with each cookie. You may refuse cookies by turning them off in your browser, however, you should be aware that our Website, like most other sites, may not work well with cookies disabled.

The Website may use Strictly Necessary Cookies, Performance Cookies, Functional Cookies, Targeting Cookies. Any of these may be first-party cookies or third-party cookies, persistent or session.

Strictly Necessary Cookies. These are cookies without which you would not be able to use the Website and our Services. For example, Strictly Necessary Cookies adjust the Website data transmitted to match your Internet connection, get you to the secure versions of the Website, and help provide our Services. If you set your browser to block these cookies, some parts of the Website and our Services will not work. Strictly Necessary Cookies do not store any Personal Data.

Performance Cookies: We use these cookies to count visits and traffic sources, to measure and improve Website performance. They help us to know which pages are the most and least popular and see how visitors move around the Website. Performance Cookies do not store any Personal Data. These cookies monitor our Website's availability and performance, so we know if our Website goes down.

Functional cookies: These cookies allow the Website to remember choices you make and provide enhanced functionality and more personalized features. Depending on context, Functional Cookies may store certain types of Personal Data as needed to provide functionality.

Targeting Cookies: Targeting cookies help us manage and display our advertisements, based on your activity on the Website and other sites; this is known as interest-based advertising. Targeting cookies mainly rely on uniquely identifying your browser and internet device.

8. DISCLOSURES OF YOUR PERSONAL DATA

Sharing. Our Services permit you to submit Personal Data which may be displayed to other users in the same or different Customer account. The sharing and other controls applied to such Personal Data may be determined by you, other users and/or a Customer Administrator.

Disclosures. We may share your Personal Data with third parties as necessary to provide our Services to you or to support the technical operation and/or maintenance of our Services, including third party application that you may engage within our Services, such as group leaders. We may also share information with our affiliates, agents, outside vendors or service providers to perform functions on our behalf. When a third-party acts solely on our behalf and otherwise as applicable, we use reasonable commercial efforts to require that party to follow the privacy practices stated in this Privacy Policy or have complementary privacy protections to protect your Personal Data. We do not share your Personal Data with unaffiliated third parties except as permitted to do so in this Privacy Policy. We will also disclose your Personal Data to other third parties including: regulatory authorities and law enforcement agencies; non-affiliated third parties for sales, data analysis, research, and surveys; and/or professional advisors such as tax or legal advisors, consultants and accountants. We also may share Personal Data with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Omega Institute's assets.

Limited Warranty. Although the Omega Institute uses industry standard security measures, the Internet is not a 100% secure environment and we cannot, and does not, ensure or warrant the security of any Personal Data you transmit or store using our Services. There is no guarantee that your Personal Data may not be accessed, disclosed, altered or destroyed by breach of any of the Omega Institute's physical, technical or managerial safeguards and we are not responsible for third party circumvention of your privacy settings or our security measures. You are responsible for maintaining the secrecy of your unique password and account information and for controlling access to your account.

9. INTERNATIONAL TRANSFERS

International transfers. Your Personal Data may be processed, transferred to, and maintained on, servers and databases located within California, in the United States of America and elsewhere where the privacy laws may not be as protective as your jurisdiction. We reserve the right to transfer your Personal Data to and from any state, province, country or other governmental jurisdiction. Your Consent to this Privacy Policy followed by your submission or our collection of such Personal Data represents your agreement to any such transfer. We will ensure that transfers of Personal Data to a third country or an international organization are subject to appropriate safeguards.

Consent. Without prejudice to the foregoing, you consent to transfers where the Omega Institute has implemented a transfer solution compliant with data protection legislation, which for example may include: (a) where such transfer is subject to an adequacy decision by the European commission; (b) the recipient of personal data is certified under the EU-US privacy shield framework.

10. CHANGES TO THE PRIVACY POLICY

This Privacy Policy may be modified from time to time, so check back often. So that you are aware changes have been made, we will adjust the «Last Revised» date at the beginning of this document. If we make a significant change in the way we use or share your Personal Data, you will be notified when you next access the Website. The new policy may be displayed on-screen, and you may be required to read and accept the changes to continue your use of the Website.


11. QUESTIONS, PROBLEMS OR COMPLAINTS

Contact [email protected].