Privacy Policy

Last Updated: May 19, 2023

This Website Usage Agreement (“Agreement”) is between a User (“you,” “your”) and the company Franka Baly Media, LLC (“we,” “our,” “the company”). Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by using the website.

All website users must be at least 13 years old or of necessary age in their country of residence.

If you have questions about this site, contact info@frankabaly.com or (832) 384-8566.

You agree to comply with all US Federal CAN-SPAM Acts. We have a zero-tolerance policy towards SPAM or any user associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM we may immediately terminate your ability to use the website.

General Data Protection Regulation

If you are in the European Union (EU), you have specific rights under the General Data Protection Regulation. If you choose to provide us with information, you may ask us at any time to delete the information, with which we will comply in a reasonably timely manner if we have not independently chosen to delete the same information prior to your request. In either case, you will be advised accordingly. You may request a copy of any computer file compiling your information, to the extent we have collected it, and such file will be provided to you in a commercially reasonable period if it has not been previously deleted, as noted above. You may ask us not to process your data, or to share it with any entities that would do so. Please note, however, that there is no known sharing of any data by our company with third parties, and outside of the unlikely possibility of subpoena, other court order, or legally compliant government investigation, no desire to do so. If you have consented to the processing of your personal data, you may withdraw that consent at any time – though please note that processing that had occurred prior to such withdrawal would remain legal in retrospect. The information that is asked from you is intended only to fulfill the requirements to form a contract, and no additional information gathering or processing will be required than must be for that purpose. If you believe that our company has failed to adhere to your rights under the GDPR, you are entitled to file a complaint with the relevant supervisory authority. Our company does not, to the extent that the term can be reasonably understood, engage in large-scale data collection or processing, and so does not have an appointed specialist Data Protection Officer or employ any representative physically located in the EU and designated as the point of contact for the EU government on these matters.

Template or Product License

By purchasing your template or any product from FBM, You are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If you violate this license by giving or selling a copy of Our template(s)/product(s) to anyone, or if you imply that anyone who gets access to our template/product(s) has the right to use it for his/her/its commercial purposes, We reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our template(s)/product(s) permanently.
Basically, if you purchase a template or product, you are not allowed to alter it and resell it to anyone (that’s just not cool). If they need a template, We recommend you purchase your own copy.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your Name, Email address or other details to help you with your experience.

You agree to receive email or other electronic communications from us including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence if you opted into such email. You agree that all electronically-sent agreements, notices, disclosures and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring ‘white-listing’ of our email address.

If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from FBM related courses, or any of our other properties.

EARNINGS DISCLAIMER

We (FBM) make(s) no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products or participation in our affiliate program. Past results are not an indication or promise of your results. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.

AFFILIATE DISCLAIMER

We reserve the right to link to products or services for which FBM earns a commission. A commission, affiliate fee and referral fee are all the same thing for this purpose. We will use reasonable efforts to conspicuously disclaim affiliate links in articles, resources and similar communications.

LIMITATION OF LIABILITY

To the extent legally permitted, in no event shall FBM, courses, or any of our other properties or our affiliates, distributors, licensors, agents, or any of our or their directors, employees, or agents be liable as a result of your use of our websites or use of this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.

CONSUMER GUARANTEES

If you are using our products for business purposes, you agree that the guarantees provided or any comparable consumer protection legislation shall not apply to separately purchased services.

AVAILABILITY

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 endeavor 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.

SECURITY

Although we endeavor 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.

INTELLECTUAL PROPERTY (IP) OWNERSHIP

We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our websites including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to FBUX Consulting, or any of our other properties or to our licensors (“IP”). You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us.

When do we collect information?

We collect information from you when you subscribe to a newsletter or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To send periodic emails regarding your order or other products and services.

How do we protect visitor information?

We do not use vulnerability scanning and/or scanning to PCI standards.

We do not use an SSL certificate

We only provide services and may ask for personal or private information for the purpose of rendering services but we never sell or disclose your private information.

Do we use ‘cookies’?

• We do not use cookies for tracking purposes.
• You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

ADVERTISEMENTS

We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.

THIRD-PARTY WEBSITES

Our websites provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third party.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/

According to CalOPPA we agree to the following:

• Users can visit our site anonymously
• Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

• Users will be notified of any privacy policy changes on our Privacy Policy Page
• Users are able to change their personal information by emailing us

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It’s also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s™ Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the national’s™ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s™ privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

• We will notify the users via email within 1 business day
• We will notify the users via in-site notification within 1 business day

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to: Send information, respond to inquiries, and/or other requests or questions.

To be accordance with CANSPAM we agree to the following:

• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can: Email us at info@frankabaly.com and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Franka Baly, Chief Experience Officer
Franka Baly Media

info@frankabaly.com

Should we update, amend or make any changes to this license, terms and conditions of use or privacy policy, those changes will be posted here.