EU General Data Protection Regulation (GDPR) Summary

What Personal Data Is Collected Regularly:  Name, Email Address
What Personal Data Is Collected Occasionally: Mailing Address, Phone Number, Skype Name
Other Information Collected: Site visit information (cookies+pixels)
Tools Involved In Collection: Squarespace, Google Drive, ConvertKit, Zapier, PayPal, Gumroad, Acuity Scheduling, Google Analytics, Facebook Marketing Pixels
How Data Is Collected: Opt-In forms for free resources, Opt-In forms for electronic newsletter subscription, digital product purchase forms, appointment setting for client work and consult calls, via tracking cookies and pixels
How Data Is Used: To provide free resources, send electronics newsletters (informational and marketing related), deliver digital products, send marketing communications, maintain client communication/relationships, to target marketing communications (facebook pixel information), to refine marketing strategies (google analytics information) and social media strategies (google analytics information)
How To Remove Your Data: Each electronic newsletter has an 'unsubscribe' link, or contact Devon Smiley at devon@devonsmiley.com to request a manual removal.
 

Unless exempted under GDPR, by visiting www.DevonSmiley.com, you are consenting to our Terms & Conditions and Privacy Policy.

Privacy Policy Overview

DEVON SMILEY is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at www.DevonSmiley.com (the “Site”), and how we collect and use that information.

The terms “we,” “us,” and “our” refers to DEVON SMILEY. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.

The term “Service” refers to the blog, negotiation consulting, negotiation coaching, paid digital products, free digital products and any other content on www.DevonSmiley.com provided by DEVON SMILEY.

Use of DEVON SMILEY, including all materials presented herein and all online services provided by DEVON SMILEY, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

INFORMATION WE COLLECT

This Site only collects the personal information you voluntarily provide to us, which may include:

• First Name

• Last Name

• Mailing Address

• Email Address

The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.

ACTIVITY

We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.

COOKIES

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

THIRD PARTY LINKS

The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

SECURITY

We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

CHILDREN

To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.

UPDATING YOUR INFORMATION

You may access and correct your personal information and privacy preferences by contacting us via email at devon@devonsmiley.com.

CHANGES TO THIS POLICY

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.

CONTACT

If you have questions about our privacy policy, please email us at devon@devonsmiley.com

CONFIDENTIALITY STATEMENT

For the purposes of our work together, in masterclasses, workshops, consulting or coaching sessions, “Confidential Information” means information provided to one party about the other party’s products or services, business, affairs, vendors, computer systems, installations, users or clients, to the extent that the information might reasonably be expected to be confidential, including personal information.

We will each maintain the confidentiality of all Confidential Information of the other party. Neither of us shall furnish Confidential Information to any unauthorised person or entity without the express written consent of the other party.

That said, neither of us shall be bound by confidentiality obligations if the Confidential Information (a) is required to be disclosed pursuant to applicable law, court or regulatory order, provided that, where feasible, the owner of the Confidential Information is given a reasonable opportunity to limit the extent of disclosure; (b) was already rightfully in its possession before the commencement of negotiations that led to our work together; (c) is learned from a third party under no apparent duty of confidentiality and is not otherwise protected under law; or (d) becomes part of the public domain other than as a result of a breach of this section and is not otherwise protected under law.

I acknowledge that in our work together I will be privy to Confidential Information. I shall keep all discussions between us private and confidential and shall not disclose to any third party any information that is made available to me. 

Terms & Conditions Overview

The terms “we,” “us,” and “our” refer to DEVON SMILEY. The term the “Site” refers to www.DevonSmiley.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The term “Service” refers to the blog, negotiation consulting, negotiation coaching, speaking, paid digital products, free digital products and any other content on www.DevonSmiley.com provided by DEVON SMILEY. 

Use of www.DevonSmiley.com, including all materials presented herein and all online or in-person services provided by DEVON SMILEY, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the site and service

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to negotiation consulting and negotiation coaching and other information are subject to change. DEVON SMILEY makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. DEVON SMILEY disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to DEVON SMILEY will always be accurate, correct, and up to date.

You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Order confirmation

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Cancellations, Refunds & Returns

Fees for Services are non-refundable except as mutually agreed in writing.

Service Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Material you submit to the site

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations, or rights of third parties.

Intellectual Property rights to your materials

We claim no intellectual property rights over the material you supply to DEVON SMILEY. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to DEVON SMILEY remains yours to the extent that you have any legal claims therein. You agree to hold DEVON SMILEY harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

Our Intellectual Property

The Site and Service contain intellectual property owned by DEVON SMILEY including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Changed terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

DISCLAIMER

The advice provided by DEVON SMILEY is likely based on an abbreviated examination of the minimal facts given, not an extensive analysis. Therefore, this advice is not a substitute for working with a legal or financial services professional. DEVON SMILEY cannot guarantee the outcome of following the advice provided and the statements about the potential outcome are expressions of opinion only. Following the advice provided is at your own risk. Consider hiring a legal professional or other professional to assist you with this issue.

By participating in a consulting or coaching session over the phone/web, you acknowledge that, though DEVON SMILEY is a professional, DEVON SMILEY is unable to conduct the extensive analysis that would take place in an in-person setting. Therefore, the advice DEVON SMILEY provides during the delivery of the Service is not intended nor implied to be a substitute for in-person professional advice. The information provided in the consulting or coaching session should not be considered a substitute for in-person evaluation by a legal or financial professional to address your individual needs.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DEVON SMILEY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (i) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (ii) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (iii) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF DEVON SMILEY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES, PROVINCES OR COUNTRIES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DEVON SMILEY'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM DEVON SMILEY, AND IF NO PURCHASE HAS BEEN MADE BY YOU DEVON SMILEY'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100 US.

 Third Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with DEVON SMILEY. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of headings

The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This agreement constitutes the entire agreement between you and DEVON SMILEY pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by DEVON SMILEY shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by DEVON SMILEY.

Notices

All notices, requests, demands, and other communications under this agreement shall be in writing and properly addressed as follows: Devon Smiley c/o 73 ave Mozart Paris 75016 France.

Governing law; venue; mediation

This agreement shall be construed in accordance with, and governed by, the laws of the Province of Ontario, Canada. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be Toronto, Ontario. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of litigation expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Force Majeure

Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control, whether or not foreseeable, including, without limitation, acts of God, acts of war or terrorism, shortage of supply, public health emergencies, breakdowns or malfunctions, interruptions or malfunction of computer facilities or communication platforms, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

Updated: January 2024