Your privacy is important to CarenBaginski.com. Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.
Who We Are
Happy Momentum LLC (doing business as CarenBaginski.com) collects, uses and is responsible for certain personal information about you.
Children’s Online Privacy Protection Act
This website and any products and services offered herein are not intended for persons under the age of 13. Happy Momentum LLC does not knowingly collect information from anyone under 13 years of age. Happy Momentum LLC prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Happy Momentum LLC will not knowingly collect personally identifiable information from children under 13. If Happy Momentum LLC learns it has any information or content from anyone under the age of 13, it will delete that information.
The Personal Information We Collect and Use
Information Collected by Us
Happy Momentum LLC may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact Happy Momentum LLC via an online form or e-mail. The information collected may include your name, e-mail, address, phone number, billing information and/or personal health information. You are not required to provide any personally identifiable information to merely access or visit this website.
If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.
Information Collected from Other Sources
We also obtain your name, email, phone number and/or personal health information from other sources, such as Wufoo, ScheduleOnce and StealthSeminar.
How We Use Your Personal Information
Happy Momentum LLC collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
Who We Share Your Personal Information With
Happy Momentum LLC respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.
We do, however, share your name and billing information with our third-party credit card processor and customer manager service for the means of fulfilling a business transaction and delivering products and services. Our third party-suppliers include Stripe and Ontraport. This data sharing enables them to deliver the service you ordered directly to you. Those third-party recipients are based outside the European Economic Area — for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.
Happy Momentum LLC may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.
If you give Happy Momentum LLC your permission, it may also use personal identification information for internal or external marketing and promotional purposes.
On occasion, Happy Momentum LLC may collect personal identification information from you in connection with optional contests, special offers or promotions. Happy Momentum LLC will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.
We will not share your personal information with any other third party.
Whether Information Has to Be Provided by You and Why
The provision of name and email address is required from you to enable us to view our masterclass webinar. We do not require you to provide any personal data in order to view the contents of our website BeingEnough.co. We will inform you when we collect it whether you are required to provide the information to us.
How Long Your Personal Information Will Be Kept
We will hold your name and contact details for 6 years (per UK tax law.)
Reasons We Can Collect and Use Your Personal Information
Happy Momentum LLC collects and uses your personal information for the following lawful bases to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
Use and Transfer of Your Information Out of the EEA
This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States. If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that the United States provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to a European Commission approved contract as permitted under Article 46(5) of the General Data Protection Regulation that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. To obtain a copy of the such safeguards visit https://gdpr-info.eu.
If you would like further information, see “How to contact us” below. We will not otherwise transfer your personal data outside of the EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
If you want to unsubscribe from receiving e-mails from Happy Momentum LLC, you may do so at any time. Each e-mail from Happy Momentum LLC includes instructions for unsubscribing from these e-mail communications.
If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:
• Fair processing of information and transparency over how we use your use personal information
• Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
• Require us to correct any mistakes in your information which we hold
• Require the erasure of personal information concerning you in certain situations
• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• Object at any time to processing of personal information concerning you for direct marketing
• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• Object in certain other situations to our continued processing of your personal information
• Otherwise restrict our processing of your personal information in certain circumstances
You may also have the right to claim compensation for damages caused by our breach of any data protection laws. For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
If you would like to exercise any of those rights, please:
• Email us
• Provide us enough information to identify you (e.g., name, email address)
• Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill)
• Provide us with the information to which your request relates
Keeping Your Personal Information Secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.
Please note that any comments or information that you post on the website, including the Happy Momentum LLC membership site and social media pages, become public and third parties may use your information. Happy Momentum LLC is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.
Links to Other Sites
You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. Happy Momentum LLC is not responsible for or liable for any content on or actions taken by such third-party websites.
How to Complain
We hope that we can resolve any question or concern you raise about our use of your information.
If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
Changes to This Privacy Notice
How to Contact Us
Do You Need Extra Help?
If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).
Updated: May 24, 2018
Terms & Conditions
By visiting www.carenbaginski.com, you are consenting to our Terms and Conditions.
The terms “we,” “us,” and “our” refer to Happy Momentum LLC. The term the “Site” refers to www.carenbaginski.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Use of www.carenbaginski.com, including all materials presented herein and all online services provided by Happy Momentum LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 must obtain permission from their legal caretakers before using the site.
Information provided on the Site and in the Service related to yoga and meditation and other information are subject to change. Happy Momentum LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Happy Momentum LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Happy Momentum LLC will always be accurate, correct, and up to date.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
All sales are final. We do not give refunds.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Happy Momentum LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Happy Momentum LLC remains yours to the extent that you have any legal claims therein. You agree to hold Happy Momentum LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Happy Momentum LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, HAPPY MOMENTUM LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HAPPY MOMENTUM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HAPPY MOMENTUM LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HAPPY MOMENTUM LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU HAPPY MOMENTUM’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. links to such websites or resources do not imply any endorsement by or affiliation with Happy Momentum LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This agreement constitutes the entire agreement between you and Happy Momentum LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by Happy Momentum LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. no waiver shall be binding unless executed in writing by Happy Momentum LLC.
All notices, requests, demands, and other communications under this agreement shall be in writing and properly addressed as follows:
Happy Momentum LLC
PO BOX 965
Denver, CO 80202
GOVERNING LAW; VENUE; MEDIATION
This agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado as applied to contracts that are executed and performed entirely in Colorado. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be in the United States, Colorado. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: March 3, 2018