What these terms cover. These are the terms and conditions on which we supply subscription services to Users that provide educational content over the internet to internet connected computers, phones, TVs, and other devices. These Terms of Use govern your use of our Services.

1. Definitions

1.1 In these terms and conditions the following words shall have the associated meanings:

“We, us, our” means HolaPatty.

“Individual Subscriber” means subscribers who avail themselves of the Services for their individual use only.

“Multi-User Subscriber” means subscribers who avail themselves of the Services for broadcasting in an environment of more than one person.

“You, your” means an individual viewing our Website or the user of subscriptions purchased on the Website.

“Website” means the Hola Patty found via www.holapatty.com

“Service(s)” includes our provision of subscription services which enables Users to connect to recorded instruction, tutoring and the courses, the services include access to any version of the Hola Patty website and streaming or downloading audio/video, and any other service provided through the Hola Patty subscription service and/or Website.

1.2. What information do we collect and what do we do with it?

When you enrol as a student or subscriber (“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.

Email marketing: we may send you 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, or collect your opinion.

2. Registering

2.1 Online registration.

Anyone proposing to order Services from this Website must register first as either an Individual Subscriber or a Multi-User Subscriber in accordance with the applicable registration process which is set out on the Website. It is important that you keep your username and password secure and confidential and do not let anyone else know or use these registration or login details. You agree to abide by any rules or regulations that We publish with respect to conduct of User’s whose rules and regulations are hereby incorporated into these Terms of Use by this reference.

2.2 We reserve the right to terminate your registration and delete your details in the following circumstances:

a) You request that we do so;

b) We believe that your registration details have become known by a third party;

c) You are using the Website for anything that in our discretion we consider to be illegal, facilitates illegal activity, immoral, offensive, abusive or a breach of these terms;

d) We consider your use of the Website in our discretion is, or potentially is, a breach of intellectual property rights held by us or any third party;

e) You upload or attempt to upload anything that is considered to be in our discretion a virus, Trojan horse, worm or other type of program that is considered malicious; or.

f) You have failed to abide by these Terms of Use or appear likely to do so.

2.3 If we terminate your registration we will be entitled to either process or cancel any outstanding order with us at our discretion.

If we cancel any order under these circumstances then you will be entitled to a full refund of any money which we will re-credit to you within 30 days.

2.4 We may upgrade, modify, change, or enhance the Services and convert a User to a new version thereof at any time in our sole discretion, to the extent that this is not detrimental to User’s use of the Services and on reasonable prior notice to User (unless the change is of critical business importance or outside of our control, in which case We will explain the reason for the changes as soon as is reasonably practicable).

3. How do you get my consent?

When you provide us with personal information to become a learner on our site, make a purchase, or participate in the course, you imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@holapatty.com or mailing us at: info@holapatty.com

4. Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service .

5. Thinkific

Our course and site is hosted by Thinkific Labs Inc. (“Thinkific”). They provide us with the online course creation platform that allows 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.

Payment:

If you make a purchase 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.

For more insight, you may also want to read Thinkific’s Terms of Service here https://www.thinkific.com/resources/privacy-policy/ or Privacy Statement here https://www.thinkific.com/resources/terms-of-service/ .

6. Third Party Services

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.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our course website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our course site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

7. Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

7.1. Cookies

All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.

We collect cookies or similar tracking technologies. This means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customise our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.

• We use cookies to recognize your device and provide you with a personalised experience.
• We also use cookies to attribute visits to our websites to third-party sources and to serve targeted ads from Google, Facebook, Instagram and other third-party vendors.
• A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.
• Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the site.
• Our third-party advertisers use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you targeted ads. For more information about targeted or behavioural advertising, please visit https://www.networkadvertising.org/understanding-online-advertising.
• Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
• We may also use automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
• Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Web Analysis Tools

We may use web analysis tools that are built into the www.holapatty.com website to measure and collect anonymous session information.

8. Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.

9. Changes to this Privacy Policy

We reserve the right to modify this privacy policy 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, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our site or course is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@holapatty.com

9.1. Privacy policy – Introduction

9.2. This is our privacy policy. It tells you how we collect and process data received from you on our site. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. If you have any comments on this privacy policy, please email them to info@holapatty.com.

9.3. Hola Patty is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.

9.4. Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a ‘data controller’:

• Our site address is https://holapatty.com/ 
• Our company name is Hola Patty
• You can contact us at info@holapatty.com  

9.5. We may collect and process the following data about you:

• Information you put into forms or surveys on our site at any time
• A record of any correspondence between us
• Details of transactions you carry out through our site
• Details of your visits to our site and the resources you use
• Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration and to report aggregate information to our advertisers

9.6. Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

a) you have given consent to the processing of your personal data for one or more specific purposes;

b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;

c) processing is necessary for compliance with a legal obligation to which we are subject;

d) processing is necessary to protect the vital interests of you or of another natural person;

e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or

f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

9.7. When you register on our Website we need to know your name, username, email address and password. When you order any Services from the Website we will require additional information such as postal address, telephone number, credit card number and expiry date (or as required).

9.8. We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

10. How we use what we collect

10.1 We use information about you to:

• Present site content effectively to you.
• Provide information, products and services that you request, or (with your consent) which we think may interest you.
• Carry out our contracts with you.
• Allow you to use our interactive services if you want to.
• Tell you our charges.
• Tell you about other goods and services that might interest you. We will also let other people do this, and we (or they) may contact you.

10.2. If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.

10.3. If you are a new customer, you will only be contacted if you agree to it.

10.4. If you don’t want to be contacted for marketing purposes, please tick the relevant box that you will find on screen.

10.5. Please note: We don’t identify individuals to our advertisers, but we do give them aggregate information to help them reach their target audience, and we may use information we have collected to display advertisements to that audience.

10.7. In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 8, you can let us know at any time by contacting us at info@holappaty.com , and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.

10.8. In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don’t provide your personal data in these cases.

10.9. If any of the information that you have provided to us changes, for example if you change your e-mail address, name or payment details, please let us know the correct details by sending an e-mail info@holapatty.com

11. Dispute Resolution

11.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.

11.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

11.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

11.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

11.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.

11.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.

11.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

11.8 Any dispute shall not affect the parties’ ongoing obligations under this Privacy Policy.

12. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Hola Patty Spanish Academy and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hola Patty Spanish Academy. It is unlawful to distribute the video, audio, or other content in the Academy.

13. How to contact Hola Patty.

We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to info@holapatty.com