WEBSITE TERMS OF USE
By visiting and using www.nicolefrail.com (the “website”), you accept and agree to be bound by these Website Terms of Use, including our Privacy Policy (which is part of these Website Terms of Use).
Nicole Frail Edits (“we”, “our”, or “us”), as owner of the website, reserves the right to amend or modify these Website Terms of Use at any time and without notice. The latest version of these Website Terms of Use will always be posted on the website.
The terms “you” and “your” refers to anyone who:
(a) uses, visits and/or views the website,
(b) accesses any of our content, or
(c) purchases any content, product(s), or service(s) from us.
By using our website, you agree to our Website Terms of Use at the time you access the website (including any changes since you last visited the site). You must not access or use the website if you do not wish to be bound by these Website Terms of Use.
You must be at least 13 years old or of necessary age in your country of residence in order to use our website.
Intellectual Property (including Copyright)
We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that exist on our website and in all viewable and downloadable content (including: text, images, video, music, sounds, layout, designs, source code, and any other protectable content) which belongs to us or any of our partners (“Intellectual Property”).
You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except in the ways we specifically allow you to in these Website Terms of Use or with prior written consent from us.
For all purchased products and services, please also refer to any Terms & Conditions for that specific product or service.
In short, we own all the legal rights to our free and paid content. We give you some limited rights to use our stuff only in certain ways (even if you paid for it). You cannot do anything you want with our content, only what is allowed in the these Website Terms of Use and any Terms & Conditions for anything you’ve purchased. So even if you love our stuff, you are not allowed to share it with your friends (they need to buy their own)!
NO WARRANTIES
ALL OF OUR CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. WE MAKE NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
Testimonials Disclaimer
Any testimonials included on our website(s), programs, products, and/or services are real-world examples and stories of other people’s experiences with our content, programs, products and/or services. These testimonials are NOT intended to serve as a guarantee that you will achieve the same or similar results. Each individual’s performance is different and your results will vary accordingly.
Earnings & Results Disclaimer
We make no income/financial claims, nor guarantee of any kind regarding the potential income or savings that can be generated through your use of any of our free or paid content, products, and/or services.
Any income reports, product reviews, and testimonials we may publish from our business or from our current or former customers are strictly for informational purposes only.
Past results are not an indication or promise of your results. There is no guarantee you will earn any money or save any money using any of our materials, and your revenue and liabilities are dependent solely on you and your actions or non-actions.
Advertisement Disclaimer
You may have ended up on our website by clicking on an advertisement from an different site, social platform, or app. This is because we occasionally pay for advertising in order to reach people who would most benefit from our offers, and one of these advertisements may have been shown to you. We do not have direct control over who exactly is shown our advertisements.
Our website is independent and belongs to us. All of the content, products, and/or services available on it are our own. We do not claim to be endorsed by, or affiliated with, any other site, platform, or advertising provider.
Limitation of Liability
You agree that we (and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us) shall NOT be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of any information you provide, the outcome of your actions or non-actions, personal and/or business results, and for all other use in connection with our website, content, products, and/or services.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages, even if foreseeable, resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website, our products, or our services; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the content, information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
We do NOT exclude any liability for death or personal injury caused by the use of our website (as unlikely as that is) or any other liability which we legally cannot exclude based on the laws where you are located at the time you use our site.
Our maximum total liability to you shall not exceed the total purchase price of any products and/or services that we have received your payment for.
Indemnification
Your use of our website and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Privacy
We care about your privacy online do everything in our power to respect the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Website Terms of Use. Please review our Privacy Policy for more information.
Confidentiality
When speaking to us about our products and/or services, whether or not you have already made a purchase, you may share personal and/or business information that you wouldn’t want shared with anyone else without your permission. If you tell us some information is confidential, or if we consider that a reasonable person would think that the information you provided is confidential, we store it and treat it carefully and securely (we call this “Confidential Information”). We always treat your Confidential Information the same as we treat our own. We will never disclose your Confidential Information to anyone else without your permission, except as described below.
Your Confidential Information may be shared with our staff, sub-contractors, and/or our third party providers only to the extent necessary in order to provide the best products and services to you. If we have to share your Confidential Information for this purpose, we will ensure that any person who has access to your Confidential Information stores and treats it with the appropriate level of security and secrecy.
Publicity
If you provide a testimonial, or make a public comment about us or any of our content, products, and/or services on any public website (including review sites), in an email or direct message to us (often referred to as “DM” or “PM”), or on social media platform, we may use any part of that feedback (either as a screenshot or a reproduction) as well as your name, photo (such as a public profile photo), social media tag, business name (if appplicable), and business logo in our marketing materials.
We will never say or post anything about you that would damage your reputation or your business.
You may request that we don’t use your identifiable personal/business information for marketing purposes by emailing us at nicolefrailedits@gmail.com.
Availability & Web Access
Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.
Malicious Code
Although we try to prevent the introduction of viruses or other malicious code (together, “malicious code”) to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.
Third Party Links
We may include links to web addresses that we do not own or have any control over. To the best of our knowledge, these links are safe. However, we do not guarantee or warrant that clicking any third party link does not include malicious code. We will not be liable for any damages or harm as a result of you clicking any third party links.
Security
Although we take care to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.
Governing Law
You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services.
In the event of a dispute, claim, or controversy arising from or relating to your use of this website that cannot be excluded by your express waiver above, these Website Terms of Use shall be construed and interpreted in accordance with the laws of the State of Pennsylvania, United States without regard to conflict of laws principles. Any legal action must be brought in the courts of Luzerne County, Pennsylvania, USA.
No Waiver
Any waiver or delay by us in enforcing any term or right under these Website Terms of Use will not constitute a waiver of any other or subsequent breach or right.
Interpretation and Severability
Headings and images are inserted for convenience and shall not affect the construction of these Website Terms of Use. The singular includes the plural and vice versa. The feminine includes the masculine and vice versa.
If any portion of these Website Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
If any provision in these Website Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in these Website Terms of Use will remain in full force and effect.
These Website Terms of Use supersede any existing communications or agreements, and are the full extent of the agreement between the parties relating to this subject matter.
All Rights Reserved
All rights not expressly granted in these Website Terms of Use are reserved by us. If you do not see a usage scenario here that applies to your intended usage, or for any questions, contact us at nicolefrailedits@gmail.com.
Contact Information
The owner of this website is Nicole Frail Edits located at 748 Grove Street, Avoca PA 18641. You may contact us regarding these Website Terms of Use by email at nicolefrailedits@gmail.com.
PRIVACY & COOKIES POLICY
We are Nicole Frail Edits, the owner of www.nicolefrail.com and the Nicole Frail Edits brand (“NFE”, “we”, "our", or “us”), and we care about your digital privacy. We will process and use your data securely and in accordance with data protection regulations around the world that may apply to you.
This Privacy Policy explains what information we collect from you, the purposes we collect that information for, and how we process it. This Privacy Policy also explains your rights that apply to data we have about you, and how to use those rights.
The terms “you” and "your" refers to anyone who:
a) uses, visits and/or views our website,
b) accesses any of our content, or
c) purchases any content, product(s), or service(s) from us.
By visiting and using the website, or making a purchase from us, you accept and agree to be bound by this Privacy Policy.
We may change or update this Privacy Policy without notifying you. The latest version can always be found on our website.
Your continued use of the website after posting of any changes to our Privacy Policy means you accept the changes. You must not access or use the website if you do not wish to be bound by this Privacy Policy.
If you have questions about this Privacy Policy, you can contact us at nicolefrailedits@gmail.com.
OUR ROLE IN YOUR PRIVACY
If you are a NFE customer or subscriber, access or download any of our free content, or you're just visiting our website, this policy applies to you.
Our Responsibilities:
Whether you are a registered user or just a visitor to our website, we act as a "data controller" of your personal data. This means that we determine how and why we collect and process your data.
We will collect, store, and process your data in accordance with this Privacy Policy and applicable laws.
Your Responsibilities:
You should read this Privacy Policy and check it again from time to time, as we may change or update it.
If you are a customer or subscriber, you should also check any contracts between us (including Terms & Conditions, which are a contract). Our contracts may include further details on how we collect and process your data.
You will only provide us with personal information about other people if you have the right to authorise us to process it on your behalf in accordance with this Privacy Policy.
WHEN AND HOW WE COLLECT DATA
Any time you interact with NFE, we are collecting data. Sometimes you provide us with data, and sometimes data about you is collected automatically.
Here’s how and when we do this:
TYPES OF DATA WE COLLECT
Contact details
Your name, address, phone number, email address, social media handles, and any alternative contact details you may provide.
Financial information
Your bank details, credit/debit card details, PayPal account details, or any other payment methods
Data that identifies you
Your IP address, login information, browser type and version, device type, time zone settings, browser plug-ins, geolocation information about where you might be, operating system and version, and other information that is collected automatically about your activity on our website.
Data on how you use our website
Your URL clickstreams (the path you take through our site), products/services viewed or placed into cart, page response times, error messages, how long you stay on our pages, what you do on those pages, how often, and other actions you take on our website.
What about really sensitive data?
We don't collect any "sensitive data" about you (like race, ethnicity, political opinions, religious/philosophical beliefs, union membership, genetic data, biometric data, data about your sexual life or preferences, or any alleged/actual offences) except when we have your specific consent or when we have to in order to comply with the law.
What about children's data?
We are a business that provides content, products, and services to other businesses and individuals which are directed to and intended for use by only individuals over the legal age of adulthood (which happens to be 18 years old in most places in the world).
While we do provide free and paid resources that are for use by children, all of them are directed to be consumed and/or purchased by the adult parents of those children, not the children themselves.
Nothing we provide is targeted at children, and we do not knowingly collect any personal data from any person under the legal age of adulthood. If you believe that personal information was collected without parental or guardian consent from a child, please contact us to have that information deleted.
HOW AND WHY WE USE YOUR DATA
Data protection laws restrict us in how we can use your data. These laws only allow us to use your data for certain reasons, which we must have a legal basis for. Here are the reasons for which we process your data:
Running our business
Managing your requests (like creating and managing your account, answering your questions, processing your purchases), login and authentication, remembering your settings and preferences, processing payments, hosting and back-end infrastructure.
Legal basis: contract, legitimate interest
Improving our content, products, and services
Testing features, interacting with feedback, managing landing pages, heatmapping our site, traffic optimization, data analysis and research, profiling, and using machine learning techniques to analyze data. This may be done by us or by an external person/company that we use to provide services to us.
Legal basis: contract, legitimate interest
Customer support
Providing essential information and updates on any product or service which you are signed up for or have access to (including free challenges/events) and resolving issues (technical, financial, or otherwise). This may be by phone, email, chat, social media, or in a community group hosted on our website or another platform we use.
Legal basis: contract, consent
Advertising and marketing
Sending you emails and messages about new features, offers, products, and services as well as informational content. We may also run targeted advertising campaigns on other platforms.
Legal basis: consent
Here is an explanation for each of the legal bases we use:
Consent
You have given us clear consent to process your personal data for a specific purpose.
You can change your mind! If you have previously given your consent, you can freely withdraw that consent at any time. All you have to do is let us know at nicolefrailedits@gmail.com (we’re not mind readers, after all).
If you withdraw your consent, we will immediately stop processing your data unless we have another legal basis to process the data. If we do have another legal basis to process your data, we may continue to do so as long as that legal basis remains valid.
Contract
Processing your data is necessary as part of a contract you have with us, or if we have asked you to take specific steps before entering into a contract with us.
Please remember that Terms & Conditions are a type of contract. If you’ve ticked a box agreeing to our Terms & Conditions (for example, as part of a purchase), you’ve effectively “signed” a contract with us.
Legitimate Interests
Processing your data is necessary for our legitimate business interests or the legitimate business interests of another person/company we work closely with. Examples of legitimate interests include:
gaining insights from your behavior on our website or any platforms we use
delivering, developing, and improving our content, products, and services
enabling us to improve, customize, or modify our content and communications
determining whether marketing and advertising campaigns are effective
verifying and enhancing data security
In each case, our legitimate interest is only valid if it is not outweighed by your rights and interests. We respect your rights, and we carefully evaluate if a legitimate interest is strong enough to justify processing your data.
YOUR PRIVACY CHOICES AND RIGHTS
You have choices and rights when it comes to your data. To exercise your rights, you can email us at nicolefrailedits@gmail.com.
You can choose not to provide us with personal data
If you choose to do this, you can continue to use our website and the content you see on it. However, you may be unable to download, access, or purchase additional content, such as PDF “freebies,” webinars, events, or paid products/services.
You can choose to turn off cookies in your browser by changing the browser settings
You can block cookies by activating a setting in your browser that refuses all cookies. You can also delete cookies through your browser settings. If you turn off cookies, you can continue to try to use our website, but it may not load/function effectively (or at all).
You can choose to tell us not to use your data for marketing
We will inform you before collecting your data if we intend to use that data for marketing. If you’ve previously opted-in to marketing, you can change your preferences by using the “unsubscribe” button in any marketing email you’ve received from us, or just let us know by email at nicolefrailedits@gmail.com.
You have the right to access information we hold about you
You can ask us for additional information about:
the categories of data we’re processing
the purposes for data processing
the categories of third parties that we disclose data to
how long we store data (or the criteria we use to decide storage times)
your other rights regarding our use of your data
If you make a request, we will respond to your request within one month, unless we have a valid reason to deny your request (for example, if responding to your request would negatively affect the rights and freedoms of others, including the right to confidentiality or intellectual property rights).
You have the right to make us correct any inaccurate personal data about you
You can contact us at any time to let us know your most up to date information (changed your name, moved to a new address, or anything else).
You can object to us using your data for profiling you or making automated decisions about you
We may use your data to determine whether we should let you know information that may be relevant to you (for example, you may receive some emails and not others based on your past behaviour). Otherwise, the only circumstances in which we do this is to provide our products/services to you (the nature of what we’re providing may require some customisation to benefit you).
You have the right to be ‘forgotten’ by us
You can do this by asking us to delete any personal data we have about you. However, please understand that where we have contractual, regulatory, legal, or other essential reasons to hold on to your data, we may keep some of your data (only what we actually need and only as long as we actually need it).
You have the right to file a complaint about our use of your data
If you have a complaint, please let us know and give us a chance to address it and ease your concerns first. If we fail at this, you can submit your complaint to the regulatory body that deals with data privacy in your country.
HOW DO WE SECURE YOUR DATA?
We have physical, electronic, and managerial processes to ensure your data is secure. However, there are people with bad intentions in the world, and no data is ever 100% secure. Please also understand that we are a small business, and we don’t have the budget, systems, or expertise that large businesses do, so we do the best we can with what we have.
A few reminders:
Providing your personal data is at your own risk, because unfortunately, no data transfer can be guaranteed as secure.
You are responsible for keeping your login details (username, password) secret and safe.
If you believe your privacy has been breached, please let us know as soon as possible.
WHERE IS YOUR DATA TRANSFERRED AND PROCESSED?
As a small business, we rely on third parties (aka other people/businesses) to provide services to us that are essential to the day-to-day operation of the business. This includes website hosting, video conferencing, legal and accounting services, email service, social media scheduling, freelancers, payment providers, technology providers, and many, many more. We simply wouldn’t be able to run NFE without these third party services.
When we use these third party services, it is necessary for us to share your data with them in order to receive the services. Because our online presence provides the possibility to reach customers anywhere in the world, it is not practical for us to even attempt to use third party services that store and process data locally (based on each individual’s location when they share data with us). Therefore, we partner with third parties who we believe are the best providers, while balancing service levels, cost, and respect for data privacy.
When we transfer your data to a third party and they process it, we have very little control over the location of the data’s storage and processing. Often, this means that your data is transferred to other places in the world and processed there. We know for a fact that some of our third party providers transfer and process your data in the United States and other locations outside the EEA (European Economic Area).
By sharing your personal data with us, you explicitly agree to this transfer, storing, and processing by us and our third parties anywhere in the world, including in countries that are not approved by the European Commission as having an adequate level of protection for personal data.
HOW LONG DO WE STORE YOUR DATA?
We only store your data as long as it is required to fulfil the purpose for which it was collected. For example, we keep a record of your email address and “unsubscribe” preference to ensure we respect your choice not to receive marketing messages from us.
We will also store your data for as long as reasonable and necessary to comply with legal and tax requirements.
If we no longer have any need to continue to store your data, we delete it.
COOKIES AND HOW WE USE THEM (NOT EAT THEM)
We use cookies on our website (not the fresh-baked kind, sadly).
You can control your cookie preferences through the cookie banner that appears when you visit our website.
However, the cookie banner does not allow you to disable essential cookies, which are required for our website to function. Unless you adjust your browser settings to refuse cookies, we (and third parties that provide services to us) will activate some cookies when you interact with our website.
These may be ‘session’ cookies, meaning they delete themselves when you leave our site, or ‘persistent’ cookies which do not delete themselves and help us recognise you when you return so we can provide a tailored service.
These cookies, while not very tasty, do serve a purpose. And not just for us – for you too! Some cookies are essential, meaning they are needed to make our website work. And some are simply convenient, like the cookie that is activated when you tick the box for “Remember my password”.
How can you block cookies?
You can block cookies by activating a setting on your browser that blocks the creation of cookies. You can also delete cookies through your browser settings. If you use your browser to disable, reject, or block cookies (including essential cookies), certain parts of our website will not function properly. In some cases, the website may not work at all.
Third party cookies
“Third party” refers to a person/business that is not you or us. We use third parties to provide services that help us run our business and deliver great products and services. These third parties use cookies too.
If you access a third party website or platform where we have some of our content, products, or services, that third party has its own privacy policy and cookie policy which may differ from ours.
Please note that where third parties use cookies, we have no control over how those third parties actually use those cookies.