Terms & Conditions & Privacy policy

TERMS & CONDITIONS
Effective date: January 2025

Welcome to Rachael B Imagery!

By using our website, you, the person using this website (hereinafter: the ‘User’) agree to our Terms and Conditions. Please read these Terms carefully before using our website. 

This agreement discloses the Terms and Conditions of your use of www.rachaelbimagery.com (hereinafter: the “website”), owned by Rachael B Imagery LLC, a Company in the state of Iowa (hereinafter: the “Company”). By accessing or using our website, you hereby agree to be bound by the Terms and Conditions incorporated herein in addition to our Privacy Policy.

It is your responsibility to read this agreement prior to using our website. If you do not expressly agree to all the Terms and Conditions outlined herein, then please do not access or use our website. 

ACCEPTANCE OF TERMS:
1.1 The following Terms and Conditions Agreement (hereinafter: “TOC”) is a legally binding agreement that shall govern the relationship with the Company’s Users and others which may interact or interface with the Company, the website, and the Company’s subsidiaries and affiliates. Your access to and use of this website signifies your acceptance and agreement of the Terms and Conditions. 

LANGUAGE:
2.1 The following terminology applies to these TOC and Privacy Policy: “client”, “User” “you” and “your” refers to you, the person using this website. “The Company”, “Company”, “ourselves”, “we”, “our” and “us”, refers to the Company. 

PURPOSE OF Rachael B Imagery / Rachael Ballhorn
3.1 The purpose of this website is for promotional, informational, and educational purposes only. This extends to all digital products and services purchased on or through this website, inclusive of any communication between you and the Company via email or telephone, or through any notices from announcements, newsletter, promotional materials, or social media marketing channels.
3.2 All content is not guaranteed to be accurate, complete, reliable, current, or error-free. By using this website, you accept and agree that following any information or recommendations provided therein and all channels of digital content is at your own risk.
3.3 We make no guarantee of any kind regarding the potential income or results that can be generated through the use of our services, products or website. From time to time, we may publish testimonials from clients - however, please keep in mind that past results are not an indication or promise of your results. 

COPYRIGHT:
4.1 all materials created by the Company on the website, and by extension any products and services sold or provided on or through the website including but not limited to digital media, pictures, videos, contracts, manuals, wireframes, websites, code, pdfs, resources, step-by-step services etc. Are protected by copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to the Company. 
4.2 You agree and understand that everything on this website is the exclusive property of the Company, and you hereby agree:
I. You will not use any materials for any other purpose than what is expressly permitted in this agreement;
II. You will not distribute, share, sell, copy, exploit, reuse, duplicate or reproduce in any medium, the website;
III. You will not distribute, share, sell, copy, exploit, reuse, duplicate or reproduce in any medium, any materials or services purchased on or through this website and associated channels of the Company without express written authorization from the Company to do so;
IV. You understand that any violation of these Terms will be remedied by the highest degree of the law permissible accompanied by a monetary fine as deemed adequate by applicable law;
V. You understand that each page of this website is to be considered a separate work under the copyright act and each access of a page or product or service purchased and delivered to the customer is to be considered a separate publication of work under the copyright act. 

TRADEMARKS:
5.1 The Company’s name and logo are trademarks of the Company. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the website may constitute registered or unregistered trademarks of the Company or third parties. While certain trademarks of third parties may be used by the Company under license, the display of third-party trademarks on the website should not be taken to imply any relationship or license between the Company and the owner of said trademark or to imply that the Company endorses the wares, services, or business of the owner of the said trademark.

 LICENSE OF INTELLECTUAL PROPERTY:
6.1 Unless otherwise stated, the Company and/or its licensors own the property rights for all material on the website and in the services, any digital products or services sold or downloaded through our services, as well as any and all materials on accompanying social media platforms, including, but not limited to all social media accounts outlined herein. Examples of Intellectual Property found on our website and within our products and services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). All Intellectual Property rights are reserved. If we have materials on the website that you can download, permission is granted to download copies of said materials for personal, non-commercial transitory viewing only. 
6.2 This is the grant of a license, not a transfer of title. Under this license you may access the website for personal use, but may not: 
    I. Modify, copy, republish, reproduce, or redistribute the website materials; 
II. Use the website materials, and any products or services sold through the website, for any commercial purpose, including but not limited to: sell, rent, sub-license, or use for any public display (commercial or non-commercial); 
III. Transfer the website materials, and any products or services sold through the website, to another person or ‘mirror’ the materials on any other server. 
6.3 If such behavior, as outlined above, is discovered or suspected, this license shall automatically terminate if confirmed as a violation of any of these restrictions. The Company reserves the right to immediately revoke your access to the website, as well as any programs, services, or materials you may have purchased through the website or the Company, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon terminating your viewing of these materials or upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 
6.4 The Company further reserves the right to request that you remove all links or any particular link thereof, linking to our website. You accept to immediately remove any and all links upon request. 
6.5 This website may use free stock photography as part of its design. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer. 
6.6 Any requests for written permission to use any content posted on this website must be expressly made before you use any such content and may be made by sending an email with your written request to: hello@rachaelbimagery.com

LINK TO THIRD PARTY WEBSITES:
7.1 This website may contain links to third-party websites and/or resources, which are not maintained by or related to us. You acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. You understand that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. 
7.2 This website may also have links to affiliate Programs. We reserve the right to link to products or services for which we earn a commission, affiliate fee, or referral fee (all of which are interchangeable and mean the same thing for purposes of this Agreement). We will take reasonable measures to ensure that all affiliate links are labeled and disclaimed conspicuously.

SOCIAL MEDIA GUIDELINES: 
8.1 The Terms and Conditions of this Site extend to the use of any and all social media pages on Facebook, Pinterest, Twitter, Instagram, LinkedIn, YouTube or Tik Tok, or post any reviews or comments regarding your use of the Service on these social media services or third-party websites, we ask you to follow the following guidelines:
I. The Company reserves the right to remove, block and/or delete any comments that may be construes as bullying, name-calling, foul language or contrary to the Sites intended conversation of positivity, education and encouragement.
II. By using any and all social media pages, you verify that all information submitted is accurate and factual. Negative comments and/or complaints posted by you may be construed as claims about the Company and may be subject to legal claims.
III. You further agree to privately contact the Company with any concerns or suggestions prior to, and in replace of, posting publicly.

FEEDBACK, COMMENTS AND TESTIMONIALS:
9.1 With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the services and/or product-related forums, calls, or otherwise, for the purpose of marketing or promoting the Company and/or its services and products. You understand that any comments posted on this website or on our social media channels/profiles reflect the views and opinions of that person who made said posts and not the views and opinions of the Company. The Company reserves the right to comment, delete and or edit any comment or posts made on this website or on our social media channels/profiles.

SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED:
10.1 You understand that any information you provide or share with us directly or indirectly, by use of this website or social media channels will not be treated as confidential or privileged. Also, any expressed opinion by another User is their own and should not be considered as reflecting the opinion of the Company. 

PURCHASE POLICY:
11.1 if you purchase a program, product or service from us, you may also enter one or more separate agreement(s) with the Company and will be subject to the Terms outlined in the Terms and Conditions and any accompanying agreements (that may include a Terms of purchase or private client agreement). You agree to be bound by all agreements and abide by the contents therein. 

MODIFICATIONS AND CHANGES:
12.1 the Company reserves the right, at our sole discretion, to modify, replace or revise the Terms and Conditions for this website at any time and without notice. By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop accessing our website.

RELEASE OF CLAIMS, INDEMNITY AND LIMITATION OF LIABILITY
13.1 As a condition of your use of the website and our services, you hereby release the Company and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and damages arising out of claims resulting from/or arising out of your use of this website or our services. 
13.2 The User releases any right to claims against the Company to the maximum extent as permissible under applicable law. The User agrees that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our digital products, our services or content found therein, and the User hereby releases the Company from any and all claims whether known now or discovered in the future. 
13.3 Except as expressly provided herein, or where prohibited by law, the maximum liability of the Company is the amount paid to the Company by the customer. 

SEVERABILITY: 
14.1 If any provision of the Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

GOVERNING LAW: 
15.1 Any claim relating to the Company or this website shall be governed by the laws of Iowa, United States of America, without regard to its conflict of law provisions. 

ENTIRE AGREEMENT: 
16.1 These TOC, read in combination with our Privacy Policy constitute the entire agreement relating to your use of our website. This agreement may not be amended or modified except by the Company. 
UPDATES

17.1 [RESERVED]

CONTACT: 
18.1 If you have any questions about these Terms, please contact us at hello@rachaelbimagery.com.


PRIVACY POLICY
 
EFFECTIVE DATE: July 2022
‍
WELCOME TO RACHAEL B IMAGERY LLC!

BY USING OUR WEBSITE, YOU, THE PERSON USING THIS WEBSITE (HEREINAFTER: THE ‘USER’) AGREE TO OUR POLICY. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. 

Rachael B Imagery LLC values its User’s privacy. This Policy discloses the privacy practices of www.rachaelbimagery.com (hereinafter: the “Website”), owned by Rachael B Imagery LLC , a Company in the state of Iowa (hereinafter: the “Company”). This Privacy Policy (herein: the “Policy”) will help the User understand how we collect and use personal information from the Users of our Website. This Policy applies solely to information collected by this Website and any affiliated social media accounts.

The Company and the Website reserve the right to make changes to this Policy at any given time. If the User wants to make sure that they are up to date, we advise the User to frequently visit this page. If the Company or Website decides to utilize any personally identifiable information in any other manner than prescribed when initially collected, the User will be notified by email. 

By using this Website and affiliated social media accounts, the User is consenting to the data collection procedures expressed in this Policy. 
By accepting our Policy, you hereby acknowledge that you are above the age of consent and majority in your jurisdiction. Minors should not use this platform and, as such, we do not knowingly or intentionally collect, share, or use Personal Information from minors. 

INFORMATION THE WEBSITE COLLECTS, USES AND SHARES:
1.1 This Website provides several opportunities for the User, to voluntarily provide the Company and Website with personal information in exchange for a free resource, to be added to the Company email or subscriber list, or to contact us on the Website or via social media they automatically “opt-in”. If the User elects to “opt-in” and provide the Company and/or Website with personal information for any of these purposes, we will collect the information provided, which may include the User’s name, email address, phone number, and the text of any messages sent to us. We will also process personal information in the form of comments, images, or videos that the User makes or shares on our blogs, social media pages, or any other online forum currently available now, or made available in the future. The User understands that their decision to provide any information to the Website and/or the Company in this manner is voluntary and constitutes their clear consent to allow the Website and/or the Company to collect, process, and retain such information.
1.2 If the User elects to fill out the “contact us” portion of our Website, or provide us with any other communication data, including but not limited to that provided via email, social media messaging or posts, or text messages, the Website or Company may collect personal information including their name, email address, phone number, the information the User shared with that social media platform, as well as the text of any message sent electronically. This data will be processed based on the Website’s or the Company’s legitimate interest in communicating with the User, and/or answering any questions or concerns raised. We may also retain the aforementioned data to keep a record of any such communication.
1.3 If the User becomes a customer, we will collect additional information in order to carry out and complete the purchase and sale of the goods or services as requested, including but not limited to email address, billing address, credit card or payment information, and any other information necessary in order to complete the purchase of the product or service the User has elected to buy. The Company will collect and process this data in order to fulfill the contractual obligation to complete the order and will not retain the information any longer than necessary. 
1.4 If the User is on the Website and or Company’s email list due to their consent to be added, or due to the Website or Company’s legitimate interest in engaging in direct marketing, the Website or Company may also utilize User data to send targeted social media advertisements or upload User information into our social media account to create look-a-like audiences. To ensure compliance with the CAN-SPAM act, all emails from the Website or Company will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from such a list or contact the Website or Company with any questions or concerns.
1.5 This Website may also collect information through Automatic Data Collection Technology. The Website may use or send standard “cookies” to identify the User’s browser from time to time. The Website does not include any personally identifiable information in cookies and will not employ any other mechanisms (other than those discussed above) to capture data on our Website. The Website may use both session cookies (which expire once the User closes their browser) and persistent cookies (which stay on the User’s computer until deleted). The User can accept or decline cookies using web browser settings. If the User chooses to disable cookies, some areas of the Website may not work properly or at all. The Website does not respond to Do Not Track signals sent by the User’s browser.  
1.6 This Website may also collect data about how the User utilizes the Website, browsing actions or patterns, computer equipment, IP address, internet connection, and other similar choices the User makes, including via Google Analytics and Facebook Pixels, in order to obtain statistical data, improve our Website and offerings, and ensure the User receives information relevant to them. If the Website utilizes this technology, the Website will use them in compliance with all policies of these third-party companies. This Website may receive personal data from third parties including but not limited to Google, social media platforms and search engines.

HOW AND WHY IT IS COLLECTED:
2.1 This Website collects the User’s personal information when they voluntarily and/or directly provide it to the Company to receive a free or paid resource, product, or service, or when the User fills out a form or sends an email to contact the Company, and does so in order to provide the User with the resource the User indicated they would like to receive. The Website may also track the User’s future interactions with content, and use personal information to keep the User informed about the products and services they have elected to receive, as well as any linked or similar products or services the Company thinks the User may be interested in. The information will be collected by the Website following the User’s choice to manually enter it in and click to be added to the Company list. No such information will be collected without the User taking action to be added to the list, or in exchange for a free resource.
2.2 This Website may also receive data from third parties like Google Analytics, Facebook and other advertising platforms. The Website will do our best to only utilize third parties who have been deemed GDPR-compliant, and whom the Company has either completed a data processing agreement with or have reviewed and confirmed their policies regarding data processing to ensure compliance.

HOW WE USE YOUR INFORMATION:
3.1 The User has the right to know and understand how their information is used. The Website or Company will use the personally identifiable information that the User has voluntarily provided in order to carry out the service or product requested, including free resources, trainings, newsletters, periodic promotional emails, and to notify the User about any changes to our policies or services. This Website may also use the User’s personal information to form “look-a-like” audiences in the Company’s digital marketing campaigns, which includes uploading User information into our social media advertising campaign(s).
3.2 Non-Personally Identifiable Information: Additional non-identifying information that is collected may be used to provide an overview of how people are accessing and using the Website; it is not used for any additional purposes, and the Website does not use any such data to make automated decisions. The Company and Website may also record some or all information to help create a better User experience. The Website may use information such as the User’s IP address to help diagnose technical problems with Company servers or our Website, and to determine which portions of our Website receive the most traffic, to understand which content is the most useful to our visitors. The User’s IP address will not personally identify them and may be used for such limited purposes as outlined above, in order to improve User experience.

HOW INFORMATION IS STORED AND SHARED:
4.1 The User has the right to know what information is stored (and not stored) and how it is processed. User information is stored through a data management system, and it is important to this Website and Company to take appropriate measures to ensure User information is kept confidential. The User understands that there are limited purposes where this Website and Company will share the User’s confidential information, including with those who are providing technical support for our Website, or those who are members of our team, including legal and accounting. Any parties who will have access to the User’s information will keep such information confidential and will never share it with any unrelated parties to the best of the Company’s abilities. Information provided by the User will never be shared, sold, or given to any other Company or person without prior consent, other than what is required to complete a purchase or request made by the User, unless required to do so by law, or any governmental requirements. This Website and Company requires all such third parties to treat the User’s personal information in accordance with the law, and only allows them to process personal data for specific, necessary purposes. 
4.2 Please be aware this Website may disclose information provided if required to do so by law, or if there is an honest, good-faith belief that such disclosure is necessary to protect the rights of our Website or of the Company that any portion of our policies are being violated, to prevent or mitigate a belief that a crime may be committed, or to protect the safety or rights of other Users. This information may also be shared as a result of the sale of the Company or any branch of the Company, as well as with any joint venture partners or affiliate marketers, should the Company deem it necessary to share such information. This Website will always take all reasonable measures to protect and safeguard the User’s information.
4.3 This Website, and the servers and parties which made this Website available on a global scale, are located within, and operate within, the United States of America. The internet laws of the United States of America govern any and all matters relating to this Website. Any information the User chooses to provide through this Website, including but not limited to subscribing to a newsletter, opting-in to receive a free gift, sending us a message or purchasing something will be transferred to the United States of America for processing. That information may then be transferred within the United States of America or back out of the United States of America to other countries outside of the User’s country of residence, depending on the type of information, and how it is stored by The Website and Company. If transferred to another country, it may not have data protection laws that are as comprehensive or protective as those in the User’s country of residence; however, our collection, storage, and use of the User’s Personal Information will at all times be governed by this Policy. By visiting our Website, the User acknowledges this information, and by submitting any personal information onto our Website, hereby authorizes this transfer and processing of information. 
4.4 By collecting and using the User’s personal data, this Website is acting as a data controller, meaning we determine what information is collected, how long it is stored, and what the personal information will be used for. This Website utilizes a third-party Company to act as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third-party data processors this Website and Company uses, have advised us they are compliant with the General Data Protection Regulations as well.

YOUR ACCESS TO, AND CONTROL OVER INFORMATION:
5.1 The User has the right to update, edit, or delete their information from the Company and Website database. It is also within the User’s right to opt-out of any future communications from us at any time by clicking the “unsubscribe” button at the bottom of any email we send the User from our list or to send us a direct email at hello@rachaelbimagery.com. Should the User wish to:
· See what data this Company holds about the User, if any,
· Change/correct any data this Company holds about the User,
· Have us delete any data this Company holds about the User, 
· Express any concern they have about this Company’s use of the User’s data,
The User can do so at any time, free of charge, by reaching out via the following email address to: hello@rachaelbimagery.com.

UNSUBSCRIBE OR OPT-OUT: 
6.1 All Users and visitors to our Website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our Website please send an email that you wish to unsubscribe to hello@rachaelbimagery.com or by clicking the “unsubscribe” button at the bottom of any email we send the User from our list. The Website and Company will continue to adhere to this Policy with respect to any personal information previously collected. 

INFORMATION PROTECTION AND DISCLOSURE:
7.1 This Website and our Company take precautions to protect the User’s information against unauthorized access, unlawful processing, accidental loss, destruction, and damage. Any information submitted to the Company via the Website is protected both online and offline. However, no method of transmission over the Internet or method of electronic storage is 100% guaranteed, therefore we can only guarantee a reasonable level of absolute security of the User’s personally identifiable information. 
7.2 Wherever this Website collects sensitive information, that information is encrypted and transmitted to the Company in a secure way. The User can verify this by looking for a lock icon in the address bar and/or looking for “https” at the beginning of the address of the Web page. 
7.3 While this Website uses encryption to protect sensitive information transmitted online, we also protect User information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. 
7.4 Our Company has determined it is not required to appoint a Data Protection Officer as our core activities do not consist of processing operations that require regular and systematic monitoring of data subjects, nor do we process sensitive categories of data on a large scale.

HOW LONG WE KEEP YOUR INFORMATION:
8.1 The data this Website collects from the User will be stored no longer than necessary, based on how long User information remains relevant, the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations, any limitation periods prescribed by law within which claims might be made, the type of contract we have with the User, the existence of consent and our legitimate interest in keeping such information as stated in this Policy. In any event, only for as long as the Data Protection Legislation allows.

CALOPPA COMPLIANCE:
9.1 If the User is a California resident, they have the right to request information from the Company regarding the manner in which we use and/or store the User’s personally identifiable information and share their information with third parties. the User may contact us at the following email address: hello@rachaelbimagery.com.
9.2 For more information about California Do Not Track and User rights as a California resident with respect to User Personal Information, please visit: www.allaboutdnt.org.

GDPR COMPLIANCE: 
10.1 In order to ensure compliance with the European Union’s General Data Protection Regulation (“GDPR”) this Website and Company confirms we have lawful grounds for processing the information we collect from the User. If the User provides personal information via the Website “contact us” page or sends us any other form of electronic communication, we will process the User’s data based upon our legitimate interest to respond to User or customer inquiries. If the User elects to receive communication from our Company by “opting in” and provides us with their name and email address in exchange for a free resource, training or services, or if the User makes a purchase from us, we will process User data for the purpose it was collected based on affirmative consent to do so, and may periodically send additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. The Company may also give the User the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to the User based upon their decision to opt-in to one or more of our free resources and will obtain User consent to do so. The User may withdraw consent at any time by contacting us and requesting your information be edited, updated, or deleted. We do not collect any sensitive data, nor any information regarding criminal offenses or convictions. 
10.2 The data controller responsible for the User’s personal information for the purposes of GDPR compliance is: Rachael Ballhorn, Rachael B Imagery LLC, hello@rachaelbimagery.com.
10.3 For more information regarding the User’s rights to their Personal Information in the European Union, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

PIPEDA COMPLIANCE: 
11.1 If the User is a resident of Canada and a User of this Website, they may request certain information regarding the disclosure of their Personal Information and shall be given access to that information. User’s may also challenge the accuracy and completeness of the information the Company holds and have it amended as appropriate, if necessary. 
11.2 For more information regarding the User’s rights under Canada’s Personal Information Protection and Electronic Documents Act, please visit: https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-[Country]/the-personal-information-protection-and-electronic-documents-act-pipeda/

GOVERNING LAW: 
12.1 Any claim relating to Rachael B Imagery LLC or this Website shall be governed by the laws of the state of Iowa, United States of America, without regard to its conflict of law provisions. 
UPDATES

13.1 [RESERVED]

HOW TO CONTACT US:
14.1 If the User has any questions or concerns regarding the Policy related to our Website, please feel free to contact us at the following email address: hello@rachaelbimagery.com. If the User feels that the Website is not abiding by this Policy, they should contact us immediately.