Legal

Terms & Conditions

Thank you for visiting my website. Please take a few minutes to read my Terms and Conditions.

This site is owned and maintained myself, (Gemma Gilfoyle) and by using my website, you (the CLIENT) agree to abide by the Terms and Conditions of this website and are deemed to have read and understood everything before you sign any documentation. This includes all of my products and services I offer and my blog posts.

I, Gemma Gilfoyle, reserve the right to change the Terms and Conditions of my website and products and services (at my own discretion and whenever I see fit). If you do NOT agree with these Terms and Conditions then please do NOT use my website or purchase any products or services that I offer.

I, Gemma Gilfoyle and my company follow the CAN-SPAM Act 2003 rules and regulations. I also use the double opt-in feature for my emails and newsletters.

The language of the site and all the materials is in English, which is the official law of the contracts, text and interpretation.

SITE / PRODUCT USE

You, the CLIENT, must be 18 years + to access my website and to use the products or services within it, as per set out by these Terms and Conditions. By participating in any Coaching sessions, Packages or Programs by myself, you, the CLIENT must abide by these Terms and Conditions.

I, Gemma Gilfoyle, am NOT liable if you break these Terms and Conditions to favour yourself, in any way.

INTELLECTUAL PROPERTY RIGHTS

I, Gemma Gilfoyle and my company own all of the copy (wording), images and documentation on my website, on social media and within my business, whether online or offline.

You, the CLIENT, are NOT authorised to share, copy, distribute, exploit, sell, upload, reproduce, republish or display any such material owned by myself, Gemma Gilfoyle or my company in any manner whatsoever, whether via social media, on any website or via email. This will be an infringement of my Intellectual Copyright and Ownership Property Rights.

Any information, copy, documents or photos that you share with myself, Gemma Gilfoyle, and my company, you are stating that you are the owner of such material, you are allowed to share the content and you are over 18 years of age.

All intellectual copy material in my company’s programs, packages, emails, within social media platforms remain the sole proprietorship of myself, Gemma Gilfoyle and my company.

If you purchase any program or package from my company you will NOT distribute or share the content with another person in any way.

PRODUCTS AND SERVICES TERMS

You, the CLIENT, agree that any information that you give to myself and my company is your sole information and is up-to-date and accurate. You must not impersonate someone else and you must lawfully abide by the UK Laws (as my company resides in the UK) and you must NOT violate the laws in which you reside. You are responsible for compliance with any of your own local laws.

You must only share on calls, within the coaching packages and programs, information that is not illegal, as any illegal activity mentioned puts myself and my company in a predicament regarding the law.

You must not share or post any information, (online or offline) that which, is abusive, defamatory, libellous, profane, or obscene which would substitute as a criminal offence.

Upon execution of this Agreement, electronically, verbally, or otherwise, both parties (myself – Gemma Gilfoyle and you, the CLIENT) agree that the program and coaching packages are in the nature of coaching and education.

For each individual program or package bought by you, the CLIENT, a separate contract will be signed by yourself before any coaching begins. The landing page and documentation for each particular program and package will include the PRIVACY POLICY of my company and also what each program and package will contain.

Myself, Gemma Gilfoyle and my company reserves the right to substitute any services equal to or comparable to the program or package for you, the CLIENT if reasonably required by their particular circumstances.

You, the CLIENT, will receive a confirmation email within 48-72 hours in regard to any coaching package from myself and my Company and you will be told the next steps to be taken, so you know what to expect.

The Terms of this Agreement shall be binding for any further goods/services supplied by my Company to you, the CLIENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, IS MY COMPANY OR MYSELF LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE PRODUCTS, SERVICES, THE WEBSITE, ANY PROGRAM MATERIALS OR SERVICES MADE AVAILABLE TO YOU.

THIS ALSO INCLUDES VIRUSES, HYPERLINK ISSUES, ONLINE FAILURES, EMOTIONAL DISTRESS, HEALTH ISSUES, ILLNESS, LOSS OF LIFE, PAIN OR SUFFERING, LOSS OF INCOME OR BREACH OF CONFIDENTIALITY IN RELATION TO USING OUR PRODUCTS OR SERVICES.

YOU, THE CLIENT, SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL USAGE OR CONDUCT OF OUR WEBSITE.

YOU, THE CLIENT, AGREE AND ACCEPT ALL RISKS, FORESEEABLE AND UNFORSEEABLE, BY USING THE PRODUCTS AND SERVICES OFFERED BY MYSELF, GEMMA GILFOYLE AND MY COMPANY.

YOU, THE CLIENT, AGREE THAT YOU USE MY COMPANY’S PRODUCTS AND SERVICES AT YOUR OWN RISK.

IN ANY EVENT WHEREBY MY COMPANY IS FOUND TO BE LIABLE, MY COMPANY’S LIABILITY TO YOU, THE CLIENT, OR THIRD PARTY WILL BE LIMITED TO THE LESSER OF THE TOTAL FEES THAT YOU, THE CLIENT, HAS PAID THE COMPANY IN ONE MONTH PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

ALL COMPLAINTS MUST BE FILED WITH MY COMPANY WITHIN 100 DAYS OF THE LIABILITY OR THE ACTION WILL BE FORFEITED.

Updated: April 2020.

Privacy Policy

 

INTRODUCTION

 

This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.gemmagilfoyle.com.

We comply with the Data Protection Act 1998 and are also registered with the ICO (Information Commissioner’s Office).

By providing us with your data, you warrant to us that you are over 13 years of age. [NOTE: YOU MUST BE OVER 18YEARS OF AGE TO ACCESS THIS SITE AND IT’S PRODUCTS AND SERVICES].

Gemma Gilfoyle is the data controller and I am responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice). If you have any questions about this privacy notice, please contact Rebecca Adams using the details set out below.

Contact Details

Full name of legal entity: Gemma Gilfoyle

Email address: gemmagilfoyle@outlook.com

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at gemmagilfoyle@outlook.com.

 

WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT

 

Personal data means any information capable of identifying an individual. It does not include anonymised data. We may process the following categories of personal data about you:

 

  • Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record-keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

  • Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

  • User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain backups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

  • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.

  • Marketing Data includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

  • We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business). [SEE SECTION 4 BELOW]

  • Sensitive Data

We do not collect any Sensitive Data about you. Sensitive data refers to data that 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. We do not collect any information about criminal convictions and offences.

 

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at gemmagilfoyle@outlook.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your personal data without your knowledge or consent where this is required or permitted by law.

We do NOT carry out automated decision making or any type of automated profiling.

 

 

HOW WE COLLECT YOUR PERSONAL DATA 

 

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies.

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

We collect information voluntarily provided by you when you register for our information, products or services or make a purchase. This information is obtained by email, online forms, surveys, registration forms, opt-in forms, landing pages, lead magnets and/or other entries that you provide when communicating with us by other means. We may collect information such as email addresses, personal and demographic information, user-specific and aggregate.

Aggregate information is information that doesn’t identify you as a specific individual. This information includes IP addresses, browser type, server domain, URL – this is to monitor the level of activity on the site, what pages our visitor’s access etc. This is also to help our effectiveness and to improve the site.

 

MARKETING COMMUNICATIONS 

 

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt-out of receiving marketing emails from us at any time.

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

You can ask us or third parties to stop sending you marketing messages at any time [by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences] OR [by following the unsubscribe/opt-out links on any marketing message sent to you or] OR by emailing us at gemmalouisebiz@outlook.com at any time].

If you opt-out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

 

DISCLOSURES OF YOUR PERSONAL DATA

 

We may have to share your personal data with the parties set out below:

  • Service providers who provide IT and system administration services.

  • Professional advisers including lawyers, bankers, auditors and insurers

  • Government bodies that require us to report processing activities.

  • Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

 

INTERNATIONAL TRANSFERS

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

  • We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or

  • Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or

  • If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

 

DATA SECURITY

 

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

 

DATA RETENTION

 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, the potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they stop being customers.

In some circumstances, we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

We use a secure online email system to safeguard and secure your information. We also use a secure online database. Files from coaching sessions are password protected and notes are locked away.

 

YOUR LEGAL RIGHTS

 

Under Data Protection Laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at gemmagilfoyle@outlook.com

 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

 

 

THIRD-PARTY LINKS

 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

 

COOKIES

 

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.” Cookies” are pieces of data that identify you as a user on the website and will be stored on your browser. You can adjust your cookie settings from your computer to decline or accept cookies.

 

CONFIDENTIALITY

 

Any information shared with us is of strictest confidence, whether personal or professional and this information will not be released to anyone without prior written consent from the Client or a Court Order. If working within Group sessions, these too are of strictest confidence, and so we will endeavour to be mindful and protect the privacy of all clients in the Group setting too.

There are legal limitations whereby confidentiality will not be maintained and that is when there is any physical or sexual abuse to the Client or a child, elder abuse and any imminent violence towards another human being. The local authorities will be notified. On the very rare occasion this would take place we will inform and discuss with the Client the reason for the breach of confidentiality.

 

 

PAYMENT INFORMATION

When purchasing any products or services from us, the companies we use (who processes your order) use Secure Sockets Layer (SSL) technology to ensure that your credit/debit card information is encrypted. As your order payment is secured through them and on their servers we receive your payment but have NO access to your financial information at all.

 

 

ANTI-SPAM POLICY

 

gemmagilfoyle.com (and Gemma Gilfoyle) is dedicated to ensuring compliance with all Anti-Spam Policies.

We thank you for your business with us and acknowledge you as a client or customer and visitor to our company. When you request information, buy our products or services, sign up for our services and any other sources we will contact you via email (If it’s about a course or event we may telephone you to welcome you) and so our guidelines are as follows:-

 

All emails sent to you will clearly identify our company as the sender
The subject line of any email will always be related to the content of the email.
Any email sent from us will have the “unsubscribe” link for any future email messages.
When unsubscribed ALL data will be removed from our lists (except where you have purchased a product and the data used for processing/status of a current product) as we need to keep those for tax purposes.
A valid postal address will always be in the footer of the email where you can send suggestions and other correspondence.

 

UPDATED: April 2020 (in accordance with GDPR).

Earnings & Income Disclaimer

Any income or earnings statements mentioned by my clients throughout my, Gemma Gilfoyle and my company’s coaching packages or programs are estimates of potential earnings and results. They are NOT a guarantee or promise that you, the CLIENT, will receive these by going through the programs or packages. (whether on my social media platforms or on my website www.gemmagilfoyle.com ).

The statements, views, opinions and results of clients and customers who have purchased my programs and products are their own and it does not mean that I, Gemma Gilfoyle and my company are offering an opportunity to get rich quick or to make any income claims whatsoever about any results you may or may not achieve. Do NOT be misled that my client’s results are your own. The results that you, the CLIENT receives will be based on your own work that you do, within yourself and for yourself.

I, Gemma Gilfoyle, and my company never guarantee future results from my packages or programs.

You, the CLIENT, understand that you are SOLELY RESPONSIBLE for your own achievements, success and/or failure and I, Gemma Gilfoyle and my company are NOT liable in any way.

All business skills, knowledge and financial issues are different to each individual. Success is based on each individual and the many factors that are specifically individual to you, the CLIENT.

There is also no representation within my Company www.gemmagilfoyle.com that you, the CLIENT will be “fixed” or “cured” from having any 1:1 sessions with myself, Gemma Gilfoyle and my company, or from buying Packages or programs or by any other means that myself, Gemma Gilfoyle and my company may advertise ourselves.

UPDATED: April 2020

Payment, Refunds & Cancellation Policy

PAYMENT

Before paying any monies to myself, Gemma Gilfoyle and my company www.gemmagilfoyle.com you, the CLIENT, will be deemed to have read and understood my Terms and Conditions. If you do not agree with them please do NOT use my website or purchase anything.

You, the CLIENT, agree that when you are purchasing and coaching packages, any programs etc that you are using your own bank account, your own credit/debit card and you are supplying your up-to-date information to myself, Gemma Gilfoyle and my company.

You, the CLIENT, agree that you understand when purchasing that you may have to pay a small fee (using third-party companies to process your payment details). This is because I reside in the UK and if you are based internationally and your card is registered anywhere other than the UK, you may be charged in your local currency.

Your payments are protected by the SSL (secure sockets-layer encryption system) on the servers of those particular companies, that I, Gemma Gilfoyle and my company choose to use for the processing of payments.

These companies may include PayPal, Stripe, UK Bank or any other processor myself, Gemma Gilfoyle and my company decide to use. No credit card information will be given to myself or the Company when you purchase and use the payment systems used by any of the companies.

REFUNDS & CANCELLATIONS

For the purchase of a Coaching Package with the Company you, the CLIENT, will be entitled to a 14-day no quibble money-back guarantee. This means you will receive 100% of your monies back without any obligation or questions. After the 14th day, you will NOT be entitled to a refund.

For the purchase of a Program from myself, Gemma Gilfoyle, and my company you will be entitled to a full 100% refund up to the day the program starts. After the start date, you will NOT be entitled to a refund. This shows your commitment to yourself within the program to show up, be committed and give 100%.

If you, the CLIENT, does not show up, online or offline, for your scheduled session with myself, Gemma Gilfoyle, then you, the CLIENT, are entitled to reschedule that individual session for another date, as long as it’s within 10 working days of the original allocated session (unless you are hospitalised, of which contact with myself, Gemma Gilfoyle and my company is needed as soon as possible).

If you, the CLIENT, are due a refund at any point, the refund will be returned to you in the exact same way it was given to myself, Gemma Gilfoyle and my company.

You, the CLIENT, are fully responsible for any chargebacks from your bank etc, that you may incur from such an issue. Myself, Gemma Gilfoyle and my company are NOT liable.

You, the CLIENT, are entitled to cancel and terminate your right to use my products, services and my website at any time.

 

UPDATED: April 2020.

Website built by Rebecca Adams

© 2017-2020 Gemma Gilfoyle. ALL RIGHTS RESERVED.