Last updated: March 30th 2021.
This Service Level Agreement (“SLA”) forms part of the Terms of Service between you (“Customer” / “you”) and Geoffrey Walters Marketing, dba Universal Owl, Adam-J-Krusensternstraße 18, Rostock, 18106, Germany (“UO” / “we” ).
By purchasing one or more of UO’s online courses, you are agreeing to be bound by the following terms and conditions.
Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time on our website.
We reserve the right to modify this SLA at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated.
SECTION 1: SERVICE PROVIDED
- UO agrees to provide Customer with access to whichever of its online courses Customer has paid for.
- Customer will not own the course(s) itself, but rather be issued with a license to use the course(s) internally. This license does not allow Customer to own the course, resell the course, or distribute it to a third party.
- Customer and UO will agree on the number of course licenses Customer wishes to purchase. Once UO has received payment for these licenses, UO will make this number of licenses permanently available to Customer.
- In the event that Customer’s employees choose to book coaching calls with UO as part of taking our course, UO agrees to provide one hour coaching for each individual employee that books coaching. In cases where we provide coaching, this is stated on the landing page for the respective course, and the cost for coaching is included in the total unit price per course.
- In the event that Customer opts in to this option and that Customer’s employees are willing to provide details of their Facebook accounts, UO agrees to add Customer’s employees to UO’s Facebook group. The purpose of the Facebook group is to facilitate exchanges about education and self-development.
- UO will take all reasonable steps to ensure that its servers have 99.99% uptime, measured monthly.
- UO will take all reasonable steps to ensure that it responds to any email queries from Customer within 72 business hours.
SECTION 2: PAYMENTS
- Customer agrees to send UO a mutually agreed payment for a mutually agreed number of course licenses. Payment will be made either via the check-out page on the UO site, or on our order form.
- Both parties agree that UO will not be obligated to refund payments under any circumstances.
- If you make a purchase on our order form or on our site, we use a third party payment processor such as Stripe or Paypal. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
- All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
SECTION 3: DATA PROTECTION
PART 1: DATA COLLECTION AND USAGE
- When you purchase a one or more of our courses, or enroll as a student (“learner”) on our site or related courses, as part of the enrolling process, we collect the personal information you give us such as your name and email address.
- When you provide us with personal information to become a learner on our site, make a purchase, or participate in the course, you consent to our collecting it and using it as described in this SLA.
- You agree that we may send you and/ or your employees emails about our site and related course(s), registration, course content, your course progress or other updates. We may also use your email to inform you about changes to the course, survey you about your usage, ask for social media information, or collect your opinion.
- If after you opt-in, you change your mind, you may at any time withdraw your consent for us to contact you, collect, use or disclose your information by contacting us at firstname.lastname@example.org.
PART 2: THIRD PARTIES
- Our courses are hosted by Thinkific Labs Inc. (“Thinkific”). They provide us with the online course creation platform that allow us to sell our product/services to you. Your data is stored through Thinkific’s data storage, databases and the general Thinkific application. They store your data on a secure server behind a firewall.
- We also work with other third-party providers such as WordPress, Mailchimp, Pipedrive, Mailshake and Google. We can provide you with a full list of third-party providers we work with upon request.
- UO is not in the business of selling information. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
- However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
- Certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our course website or are redirected to a third-party website or application, you are no longer governed by this SLA.
- We may disclose your personal information if we are required by law to do so, or if you violate these Terms of Service.
PART 3: OUR WEBSITE
- We may use web analysis tools that are built into the UO website to measure and collect anonymous session information.
- Our website uses data analysis functions provided by Google Analytics. These tools are provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses so-called cookies. These are text files that are saved on your device and enable us to analyse how our website is used. Information created by the cookies about your usage of the website is generally sent to a Google server in the USA and saved there.
- Most of the cookies that we use are so-called “session cookies.” These are deleted automatically after you leave our website. Other cookies remain on your device until such a time as you delete them manually. These cookies allow us to recognise your browser when you next visit our site.
- You can set up your browser in such a way that it informs you about the usage of cookies. You can enable cookies only in individual cases, disable cookies in specific circumstances or completely, and tell your browser to automatically delete cookies when you close your browser. Deactivating cookies may impair the functionality of this website.
- If you contact us using our contact form, the data that you enter there, including your contact details, will be saved so that we can respond to your enquiry and any subsequent questions that you may have. We will not pass this data on to third parties without your consent.
- If you leave a comment on this website, we will save not only your comment and when it was made, but also, assuming you don’t post anonymously, your chosen username. You can also subscribe to comments if you are a user of Disqus. You will receive a confirmation email in order to ascertain whether you are the owner of the email address that was recorded. You can disable the comment subscription function at any time by clicking on the link in the email you receive.
- You are not permitted to use the contact details we have provided on this page or the Impressum to send us advertising materials without our express consent. The operators of this site reserve the right to take legal action in the event of receiving unsolicited marketing materials such as spam emails.
- If you would like to subscribe to our newsletter, we require your email address together with proof that you are the owner of the email address in question and accept the receipt of the newsletter. We do not collect additional data. We use this data only to send the newsletter that you have asked for, and do not pass it on to third parties other than our newsletter provider.
- You can revoke your consent to the saving of your data and our using it to send you the newsletter at any time. Simply click on the unsubscribe link in the newsletter.
- When you click on links on our site, they may direct you away from our site. We are not responsible for the data practices of other sites and encourage you to read their privacy statements.
PART 4: YOUR DATA RIGHTS UNDER GDPR
- If you are a resident of the European Economic Area (EEA), you have certain data protection rights. UO aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
- In particular, you have the following data protection rights:
- The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where UO relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
3. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
PART 5: INFORMATION OR DELETION
At any time, and without incurring a charge, you have the right to receive information about your personal data, where we received it, who it’s been sent to and why we are processing it. You also have the right to correct, suspend or delete this data. You may send us questions about this or any other matters relating to your personal data at any time.
Please contact the Data Security Officer, Geoff Walters, at email@example.com.
SECTION 4: MISCELLANEOUS
- Any dispute arising out of this Agreement, including the breach of this Agreement, shall be submitted to non-binding mediation before the parties may initiate litigation or some other type of dispute resolution process.
- The parties shall share equally in the costs of the mediation and cooperate fully in the effort to schedule a mediation session within 60 days of a mediation request by either party to the other.
- The mediation shall occur in Berlin, Germany, and either party may attend via videoconference.
- Any and all modifications to this Agreement must be in writing and executed by the parties hereto.
- This Agreement is an independent contract between the parties. Neither party shall be construed in any manner whatsoever to be an employee of or legal representative of the other for any purpose whatsoever. Each Party shall, at all times, be liable for its own debts, obligations and acts.
- If any provisions of this Agreement, or the application of such provision to any person or circumstance, shall be held to be invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected.
- To the extent that either party to this SLA shall be wholly or partially prevented from the performance of any obligation placed on such party by reason of: strikes, stoppage of labor, riot, fire, flood, acts of war, EMPs, pandemics, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party’s control and not attributable to its neglect or nonfeasance; in such event, the time for the performance of such obligation shall be suspended until such disability to perform is removed.
- If any provisions of this Agreement are found to be unenforceable, the remaining shall be enforced as fully as possible and the unenforceable provisions(s) shall be deemed modified to the limited extent required to permit enforcement of the provisions(s) and the Agreement as a whole.
- This Agreement shall be governed and construed in accordance with the internal laws of the Federal State of Berlin, to the exclusion of all others. The parties agree and consent that any causes of action or suits related to this Agreement must be filed in Berlin, and both parties consent to the exclusive jurisdiction of the Berlin court system. Both parties waive their right to request a change of venue.