DIGITAL GUIDE DISCLAIMERS
Testimonial disclaimer
The following information is disclosed by Mariko Sakai Consulting, LLC
(“we” or “us”) to you in accordance with the Federal Trade
Commission’s 16 CFR, Part 255: “Guides Concerning the Use of
Endorsements and Testimonials in Advertising.” Testimonials appearing
in this book (the “Book”) are received via text, audio, or video
submission. They are individual’s actual experiences, reflecting the
real life experiences of those who have used our products and/or
services. We do not claim that they are typical results that consumers
will generally achieve. The testimonials are not necessarily
representative of all of those who will use our products and/or
services. You understand that any testimonials or endorsements (herein
“Opinions”) by our customers or audience represented in this Book, or
through our products, programs, websites, content, landing pages,
sales pages or offerings, are solely opinions from individuals.
Similarly, any information contained in this Book and in our other
programs, content and offerings are solely our opinion and therefore,
not representations, warranties, or guarantees of any kind. Well being
and financial well being disclaimer This book (the “Book”) is for
informational purposes only. Mariko Sakai Consulting, LLC (“we” or
“us”) and our subsidiaries, owners, principals, directors, executives,
employees, staff, or agents are not mental health professionals,
licensed medical practitioners, doctors, therapists, psychiatrists,
psychologists, psychotherapists, or other professionally licensed
health care providers or professionals. We are not financial advisors,
either. The information contained in this Book will not treat or
diagnose any disease, illness, or ailment and if you should experience
any such issues you should seek the advice and examination of your
registered physician or practitioner as determined by your own
judgment. If we share information about money or finances, you make
all money and financial (including taxes) decisions based on the
information you received and working with appropriate professionals
such as CPAs, financial advisors, and other financial well being
professionals You understand the information contained in this Book is
not a substitute for health care, medical advice, tax or financial
advice of any kind. You understand and agree that you are fully
responsible for your mental and financial well being, including your
mental, physical, and financial etc choices and decisions. You agree
to seek medical and financial advice as determined by your own
judgment before taking any action in connection to the information
contained in this Book, including, discontinuing use of any
medications as prescribed by your medical practitioner. Company shall
in no event be held liable to any party for any direct, indirect,
punitive, special, incidental or other consequential damages arising
directly or indirectly from any use of this material, which is
provided “as is,” and without warranties.
AFFILIATE DISCLAIMER
The following information is disclosed by Mariko Sakai Consulting, LLC
(“we” or “us”) to you in accordance with the Federal Trade
Commission’s 16 CFR, Part 680 and 698: “Affiliate Marketing Rule.”
Sections of this website https://www.mistressmariko.com (the “Site”)
may allow you to purchase products and services online provided by
other third party merchants. Some of the links that we post on this
Site are “affiliate links.” This means that if you click on the
affiliate link and purchase an item through that link, that we will
receive an affiliate commission. We are not responsible for the
quality, accuracy, timeliness, reliability or any other aspect of the
products and services purchased through affiliate links, the
information contained on third party sales page, or any other third
party links. In addition, the merchant for your purchase will have
privacy and data collection practices that are different from ours. If
you make a purchase from a merchant on their website or on a website
that we have posted a link to, the information obtained during your
visit to that website or that merchant’s online store, and the
information that you submit as part of the transaction, such as your
name, e-mail address, street address, telephone number, and credit
card number, may be collected by that merchant. For more information
regarding any merchant, its’ online store, its’ privacy policies, or
any additional terms and conditions that may apply to your visit of
its’ website, visit that merchant’s website and click on that
merchants relevant pages and their informational links, or contact
that merchant directly. You release us and our affiliates from any
damages that you may incur, and agree not to assert any claims against
them or us in connection with your purchase or your use of any of the
products, services, or information contained on sales page made
available to you by third parties through our Site. Your
participation, correspondence or business dealings with any third
party found on or through our Site, regarding payment and delivery of
specific goods and services, and any other terms, conditions,
representations or warranties associated with such dealings, are
solely between you and that third party. You agree that we will not be
responsible or liable for any loss, damage, or other matter of any
sort incurred as the result of any third party transaction.
VIDEO DISCLAIMER
The information contained within this video is for informational
purposes only. We shall in no event be held liable to any party for
any reason arising directly or indirectly for the use or
interpretation of the information presented in this video.
1. General
This website https://www.mistressmariko.com (the “Site”) is owned and
operated by Mariko Sakai Consulting, LLC (“Company” “we” or “us”). By
using the Site, you agree to be bound by these Terms of Service and to
use the Site in accordance with these Terms of Service, our Privacy
Policy and any additional terms and conditions that may apply to
specific sections of the Site or to products and services available
through the Site or from Company. Accessing the Site, in any manner,
whether automated or otherwise, constitutes use of the Site and your
agreement to be bound by these Terms of Service. We reserve the right
to change these Terms of Service or to impose new conditions on use of
the Site, from time to time, in which case we will post the revised
Terms of Service on this website. By continuing to use the Site after
we post any such changes, you accept the Terms of Service, as
modified.
2. Intellectual Property Rights
A) Our Limited License to You. This Site
and all the materials available on the Site are the property of us
and/or our affiliates or licensors, and are protected by copyright,
trademark, and other intellectual property laws. The Site is provided
solely for your personal noncommercial use. You may not use the Site
or the materials available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More
specifically, unless explicitly authorized in these Terms of Service
or by the owner of the materials, you may not modify, copy, reproduce,
republish, upload, post, transmit, translate, sell, create derivative
works, exploit, or distribute in any manner or medium (including by
email or other electronic means) any material from the Site. You may,
however, from time to time, download and/or print one copy of
individual pages of the Site for your personal, non-commercial use,
provided that you keep intact all copyright and other proprietary
notices.
B) Your License to Us. By posting or submitting any
material (including, without limitation,
comments and photos) to us via the Site, you are representing: (i)
that you are the owner of the material, or are making your posting or
submission with the express consent of the owner of the material; and
(ii) that you are thirteen years of age or older. In addition, when
you submit or post any material, you are granting us, and anyone
authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify,
transmit, sell, exploit, create derivative works from, distribute,
and/or publicly perform or display such material, in whole or in part,
in any manner or medium, now known or hereafter developed, for any
purpose. The foregoing grant shall include the right to exploit any
proprietary rights in such posting or submission, including, but not
limited to, rights under copyright, trademark, service mark or patent
laws under any relevant jurisdiction. Also, in connection with the
exercise of such rights, you grant us, and anyone authorized by us,
the right to identify you as the author of any of your postings or
submissions by name or email address, as we deem appropriate. You
acknowledge that we have the right but not the obligation to use and
display any postings or contributions of any kind and that we may
elect to cease the use and display of any such materials (or any
portion thereof), at any time for any reason whatsoever.
3.Disclaimers
Throughout the
Site, we may provide links and pointers to Internet sites maintained
by third parties. Our linking to such third-party sites does not imply
an endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition,
neither we nor affiliates operate or control in any respect any
information, products or services that third parties may provide on or
through the Site or on websites linked to by us on the Site. If
applicable, any opinions, advice, statements, services, offers, or
other information or content expressed or made available by third
parties, including information providers, are those of the respective
authors or distributors, and not Company. Neither Company nor any
third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content. Furthermore, Company
neither endorses nor is responsible for the accuracy and reliability
of any opinion, advice, or statement made on any portion of the Site
by anyone other than an authorized Company representative while acting
in his/her official capacity. THE INFORMATION, PRODUCTS AND SERVICES
OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY
SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE
OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING
COMMENT FIELDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. You
agree at all times to defend, indemnify and hold harmless Company its
affiliates, their successors, transferees, assignees and licensees and
their respective parent and subsidiary companies, agents, associates,
officers, directors, shareholders and employees of each from and
against any and all claims, causes of action, damages, liabilities,
costs and expenses, including legal fees and expenses, arising out of
or related to your breach of any obligation, warranty, representation
or covenant set forth herein.
4. Online Commerce
If you
make a purchase from a merchant on a site linked
to by the Site, the information obtained during your visit to that
merchant’s online store or site, and the information that you give as
part of the transaction, such as your credit card number and contact
information, may be collected by both the merchant and us. A merchant
may have privacy and data collection practices that are different from
ours. We have no responsibility or liability for these independent
policies. In addition, when you purchase products or services on or
through the Site, you may be subject to additional terms and
conditions that specifically apply to your purchase or use of such
products or services. For more information regarding a merchant, its
online store, its privacy policies, and/or any additional terms and
conditions that may apply, visit that merchant’s website and click on
its information links or contact the merchant directly. You release us
and our affiliates from any damages that you incur, and agree not to
assert any claims against us or them, arising from your purchase or
use of any products or services made available by third parties
through the Site. Your participation, correspondence or business
dealings with any third party found on or through our Site, regarding
payment and delivery of specific goods and services, and any other
terms, conditions, representations or warranties associated with such
dealings, are solely between you and such third party. You agree that
Company shall not be responsible or liable for any loss, damage, or
other matters of any sort incurred as the result of such dealings. 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 also agree not to make
any purchases for speculative, false or fraudulent purposes or for the
purpose of anticipating demand for a particular product or service.
You agree to only purchase goods or services for yourself or for
another person for whom you are legally permitted to do so. When
making a purchase for a third party that requires you to submit the
third party’s personal information to us or a merchant, you represent
that you have obtained the express consent of such third party to
provide such third party’s personal information.
5. Currency
All sales are billed in United States Dollars (“USD”) as
required by law.
6. Refund Policy
All products and/or services offered by the Site contain their own
Refund Policy. Please refer to each product or services individual
refund policy for that relevant information.
7. Interactive
Features
A) Participant Responsibility. This Site
may include a variety of features, such as comment fields and email
services, which allow feedback to us and real-time interaction between
users, and other features which allow users to communicate with
others. Responsibility for what is posted on comment fields and other
public posting areas on the Site, or sent via any email services on
the Site, lies with each user – you alone are responsible for the
material you post or send. We do not control the messages, information
or files that you or others may provide through the Site. It is a
condition of your use of the Site that you do not:
• Restrict or
inhibit any other user from using and enjoying the Site.
• Use
the Site to impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to
provide the Site or its features, or disobey any requirements,
procedures, policies or regulations of the networks we use to provide
the Site.
• Use the Site to instigate or encourage others to commit illegal
activities or cause injury or property damage to any person.
•
Gain unauthorized access to the Site, or any account, computer system,
or network connected to this Site, by means such as hacking, password
mining or other illicit means.
• Obtain or attempt to obtain any
materials or information through any means not intentionally made
available through this Site.
• Use the Site to post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state,
national or international law.
• Use the Site to post or
transmit any information, software or other material that violates or
infringes upon the rights of others, including material that is an
invasion of privacy or publicity rights or that is protected by
copyright, trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the
owner or rights holder.
• Use the Site to post or transmit any
information, software or other material that contains a virus or other
harmful component.
• Use the Site to post, transmit or in any
way exploit any information, software or other material for commercial
purposes, or that contains advertising.
• Use the Site to
advertise or solicit to anyone to buy or sell products or services, or
to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other
personal information that has been posted by other users of the Site.
• Purchase, download or copy any products or services from this
site and use to pirate said content.
Company may host message
boards, chats and other public forums on its Sites. Any user failing
to comply with the terms and conditions of this Agreement may be
expelled from and refused continued access to, the message boards,
chats or other public forums in the future. Company or its designated
agents may remove or alter any user-created content at any time for
any reason. Message boards, chats and other public forums are intended
to serve as discussion centers for users and subscribers. Information
and content posted within these public forums may be provided by
Company staff, Company’s outside contributors, or by users not
connected with Company, some of whom may employ anonymous usernames.
Company expressly disclaims all responsibility and endorsement
and makes no representation as to the validity of any opinion, advice,
information or statement made or displayed in these forums by third
parties, nor are we responsible for any errors or omissions in such
postings, or for hyperlinks embedded in any messages. Under no
circumstances will we, our affiliates, suppliers or agents be liable
for any loss or damage caused by your reliance on information obtained
through these forums. The opinions expressed in these forums are
solely the opinions of the participants, and do not reflect the
opinions of Company or any of its subsidiaries or affiliates.
Company has no obligation whatsoever to monitor any of the
content or postings on the message boards, chat rooms or other public
forums on the Sites. However, you acknowledge and agree that we have
the absolute right to monitor the same at our sole discretion. In
addition, we reserve the right to alter, edit, refuse to post or
remove any postings or content, in whole or in part, for any reason
and to disclose such materials and the circumstances surrounding their
transmission to any third party in order to satisfy any applicable
law, regulation, legal process or governmental request (national or
international) and to protect ourselves, our clients, sponsors, users
and visitors.
B) Registration. To access certain features of the
Site, we may ask you to provide
certain demographic information including your name and email address.
In addition, if you elect to sign-up for a particular feature of the
Site, such as comment field, you may also be asked to register with us
on the form provided and such registration may require you to provide
personally identifiable information such as your name and email
address. You agree to provide true, accurate, current and complete
information about yourself as prompted by the Site’s registration
form. If we have reasonable grounds to suspect that such information
is untrue, inaccurate, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of
the Site (or any portion thereof). Our use of any personally
identifiable information you provide to us as part of the registration
process is governed by the terms of our Privacy Policy.
C) Passwords. To use certain features of
the Site, you will need a username and password, which you will
receive through the Site’s registration process. You are responsible
for maintaining the confidentiality of the password and account, and
are responsible for all activities (whether by you or by others) that
occur under your password or account. You agree to notify us
immediately of any unauthorized use of your password or account or any
other breach of security, and to ensure that you exit from your
account at the end of each session. We cannot and will not be liable
for any loss or damage arising from your failure to protect your
password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS,
OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE
LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE
PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER
DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY
PURPOSE.
You acknowledge and agree that no representation has
been made by Company or its Affiliates and relied upon as to the
future income, expenses, sales volume or potential profitability that
may be derived from the participation in or purchase of any product or
service on this Site.
All links are for information purposes
only and are not warranted for content, accuracy or any other implied
or explicit purpose.
9. Other
A)
DMCA. The Digital
Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet
infringes their rights under the U.S. copyright law. If you believe in
good faith that materials hosted by Company infringe your copyright,
you, or your agent may send, in writing, to Company a notice
requesting that the material be removed or access to it be blocked.
Any notification by a copyright owner or a person authorized to act on
its behalf that fails to comply with requirements of the DMCA shall
not be considered sufficient notice and shall not be deemed to confer
upon Company actual knowledge of facts or circumstances from which
infringing material or acts are evident. If you believe in good faith
that a notice of copyright infringement has been wrongly filed against
you, the DMCA permits you to send to Company a counter-notice. All
notices and counter notices must meet the then current statutory
requirements imposed by the DMCA; see http://www.loc.gov/copyright for
details. Company’s Copyright Agent for notice of claims of copyright
infringement or counter notices can be reached as follows:
info@mistressmariko.com
B) Assignment.
This Agreement shall be binding upon and inure to the benefit of
Company and our respective assigns, successors, heirs, and legal
representatives. Neither this Agreement nor any rights hereunder may
be assigned without the prior written consent of Company.
Notwithstanding the foregoing, all rights and obligations under this
Agreement may be freely assigned by Company to any affiliated entity
or any of its wholly owned subsidiaries.
C) Choice of Law.
These Terms of Use shall be governed by and construed in accordance
with the state of Virginia. If any provision of this agreement shall
be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions. Copyrighted
by Mariko Sakai Consulting, LLC ALL rights reserved. No part of this
Site or products and services contained therein may be copied, or
changed in any format, sold, or used in any way other than what is
outlined without express permission from Mariko Sakai Consulting,
LLC.
10. Contacting Us
If there
are any questions regarding these Terms and Conditions, you may
contact us at: info@mistressmariko.com
Mariko Sakai
Consulting, LLC
EFFECTIVE DATE: July 1st, 2022
1.
INTRODUCTION
Mariko Sakai Consulting LLC has developed this privacy policy
(“Privacy Policy”) which details important information regarding the
use and disclosure of user information collected on its owned or
controlled websites, including,www.mistressmariko.com , or others that
link to this Privacy Policy (collectively, “Websites”), or through
applications and related services and communications when you interact
with us (collectively referred to as the “Services”). Mariko Sakai
provides this Privacy Policy to help you make an informed decision
about whether to use the Services and the choices we offer for you to
manage the information we collect.
2. INFORMATION WE COLLECT
Information Collected Directly From You. If you create an account to
access our Services, contact us, add a product to our shopping cart
software, or purchase any of our products or Services, you are
choosing to give us your personal information, including but not
limited to your name, address, email address, phone number, mobile
telephone number, or physical contact information about yourself. You
may also provide payment information such as credit or debit card
information and billing address to purchase our products and
services.
Information Imported from Social Networks. We may collect information
from you when you interact with our Services through third-party
social networking services (e.g., Facebook, Twitter, Instagram, Google
+) (each and collectively, a “Social Network”). You may also have the
option to consent to connect your activity on our Services with your
Social Network information and activity. If you permit a connection,
we and that Social Network may be able to identify you and associate
information received pursuant to the connection with information we
already have about you. Please review the Social Network’s privacy
policy and choices for sharing information of any Social Network
connected to our Services.
Surveys. From time-to-time, we may request information from you and
other users via surveys. Participation is completely voluntary. Survey
information will be used for the purposes of the survey.
Mobile
Devices. We may collect additional information from you if you access
our Services through a mobile device; for example, your unique device
identifier, device’s operating system, mobile carrier, and regional
location. We may also collect your location information from your IP
address or zip code. The degree to which your location can be
identified depends on the device you are using, e.g. laptop,
smartphone, tablet or other access devices (each a “Device”) and how
you are connected to the internet (e.g. via cable broadband
connection, WiFi, etc.).
Information We Collect From Third Parties. We acquire information from
other trusted sources to update or supplement the information we
collect, such as information to validate or update your address or
demographic and lifestyle information.
3. INFORMATION COLLECTED THROUGH
TRACKING TECHNOLOGIES
Tracking Technologies. In addition to any information that you choose
to submit to us, we and our business partners may use a variety of
tracking technologies (“Tracking Technologies”), that automatically
(or passively) collect certain information from your device whenever
you visit or interact with the Services or third-party sites. This
information may include your device identifier, the type and version
of Internet browser software you use, and your operating system. We
may also collect password information from you when you log in, as
well as computer and connection information. During some visits, we
may use these tools to measure and collect session information,
including page response times, download errors, time spent on certain
pages and page interaction information. Certain features of our
Services are only available through the use of Tracking Technologies.
You may encounter tracking technologies/cookies from our third-party
service providers that we have allowed on our Services and who assist
us with various aspects of our operations and Services. For more
information on the Tracking Technologies that we use and how to manage
your preferences please see our Cookie Notice.
4. HOW WE USE PERSONAL INFORMATION
We may use the personal information that we collect, create
or
derive through the Services for a range of reasons, including:
•
To provide the products and services you request, process transactions
and send you related information, including confirmations and
receipts.
• To suggest products or offers based on the profile
you create, your purchase history, the products you view when you
browse our platforms, and/or the products you leave in your cart when
you do not finish the purchase process. These suggestions can come to
you through push notifications, banners, or to your email using the
abandoned cart feature
• To provide support and improve the
Services and to manage system administration and security.
• To
respond to your comments, inquiries and requests and provide customer
service.
• To link or combine information that we collect
directly with information from third-party sources or multiple devices
to help understand your needs, provide you with personalized content
and provide you with better service.
• To personalize and
improve your experience and deliver content or features that match
your profile and interests. Please also review Section 8 for further
information about Your Choices/How to Opt Out.
• To send you
promotional communications (in accordance with your marketing
preferences). Please also review Section 8 for further information
about Your Choices/How to Opt Out.
• To perform statistical, and
marketing analyses of user behavior.
• To manage your accounts,
and send you technical privacy policy and service updates, security
alerts and other administrative messages.
• To comply with or
enforce legal requirements, agreements and policies.
• To carry
out any other purpose for which the information was collected.
•
To perform other activities that are in our legitimate business
interests and consistent with this Privacy Policy.
5. HOW WE SHARE PERSONAL
INFORMATION
We may share and disclose your personal information with the
following types of third parties for the purposes described in this
Privacy Policy:
Service Providers. We may disclose information
to our affiliated companies or third-party service providers in order
to monitor the activity of the Services, conduct surveys, send
marketing communications, and provide other Services to you, such as
customer service.
Process Payments. Information may be disclosed
to process credit/debit card transactions, which are handled by
established third party banking, processing agents and distribution
institutions. They receive the information needed to verify and
authorize your credit card or other payment information and to process
your order. In addition, we may disclose information to third parties
to verify the authenticity of any financial transaction involving our
company or its affiliates or to update your billing information.
Mobile Data. When you access the Services on a mobile device, we may
use the information collected for any purpose set forth in this
Privacy Policy.
Analyze Aggregate Information. We use aggregate information about our
users to analyze our Services and user behavior and prepare reports
which we may share with third parties.
Legal Matters; Safety. We
may, without your consent, access and disclose your information, any
communications sent or received by you, and any other information that
we may have about you or your account as may be permitted or required
by law (including, but not limited to court order or subpoena), to
prevent or investigate suspected fraud, violations of our Terms, or
activity that appears to us to be illegal or may expose us to legal
liability, or to any competent law enforcement body, regulatory or
government agency or any third party where we believe disclosure is
necessary (i) as a matter of applicable law or regulation, (ii) to
exercise, establish or defend our legal rights, or (iii) to protect
your vital interests or those of any other person. Additionally, we
may disclose your information in situations that we believe may
involve potential threats to the physical safety of any person or
property.
Sale or Transfer of Business or Assets. If Mariko
Sakai Consulting LLC or any of its affiliated companies or businesses,
is sold or disposed of as a going concern, whether by merger, sale of
assets or otherwise, or in the event of an insolvency, bankruptcy or
receivership, information of our users may be one of the assets sold
or merged in connection with that transaction. Information about our
users may also be disclosed in connection with a commercial
transaction where we are or any one of our businesses is seeking
financing, investment, and support or funding, provided that we inform
the buyer it must use your personal information only for the purposes
disclosed in this Privacy Policy.
Transactional Communications.
We may use your information to send you notices from time to time
relating to your account or your purchases. These may include order
confirmations, invoices or customer service notifications. We may also
send you Service-related announcements when it is necessary to do so;
for instance, if our Service is temporarily suspended for maintenance
or the delivery of a product is delayed or there are policy
changes.
6. ACCESSING AND MANAGING YOUR PERSONAL INFORMATION
We believe it is important for you to be able to access and manage
your account and the information you have provided to us and make
choices about how it is used. To inquire about or update your
information, or change your preferences, you may contact us as set out
below in Section 7. If you have a registered account, you may change
your preferences by logging in to your profile and making updates. In
addition, if you are a visitor based in the EEA please see below for
more information on your data protection rights.
7. YOUR CHOICES/HOW TO
OPT-OUT
Promotional Emails. Any recipient of promotional emails may
opt-out of receiving them at any time. To opt-out of receiving
promotional emails follow the unsubscribe instructions located near
the bottom of each promotional email or If for any reason the footer
has been cut off by a third-party email service (e.g., gmail) or you
wish to submit an unsubscribe request directly to us please send an
email to info@mistressmariko.com with “Unsubscribe from Email” in the
subject line. Please be sure to provide us with the email address you
wish to opt-out.
Transactional Emails. Please note that even if
you opt-out of receiving promotional emails from us, you may still
receive transactional receipts and other administrative emails.
Turning Off Tracking Technologies. You can choose to have your
computer warn you each time a persistent or session cookie is being
sent, or you can choose to turn off such cookies through your browser
settings. Each browser is a little different, so look at your
browser’s Help menu to learn the correct way to modify your cookies.
It is important to remember that many of our Services may not function
properly if your cookies are disabled.
Timing and Third Parties. We will endeavor to comply with your request
for changes as soon as reasonably possible. Unless required by law, we
are not responsible for informing third parties with whom we have
already shared your information of any changes requested pursuant to
this section, or for removing information from or causing information
to be removed from the databases or records of such entities.
8. RIGHTS FOR EUROPEAN
ECONOMIC AREA VISITORS ONLY
Legal Basis. If you are a visitor
from the EEA, our legal basis for collecting and using the personal
information described above will depend on the personal information
concerned and the specific context in which we collect it.
However, we will normally collect personal information from you
only (i) where we need the personal information to perform a contract
with you, (ii) where the processing is in our legitimate interests and
not overridden by your rights, or (iii) where we have your consent to
do so.
If we collect and use your personal information in reliance on our
legitimate interests (or those of a third party), this interest will
normally be to operate our services and communicate with you as
necessary to provide our services to you and for our legitimate
commercial interest, for instance, when responding to your queries,
improving the services we offer, or for the purposes of detecting or
preventing illegal activities.
If you have questions about or
need further information concerning the legal basis on which we
collect and use your personal information, please contact us using the
contact details provided.
EEA Data Protection Rights. If you are
located in the EEA, you have the following data protection rights:
• If you wish to correct or update your personal information, you can
do so at any time by logging into your account or as detailed above.
• If you wish to access or request deletion of your personal
information, you can do so at any time by contacting us at
info@mistressmariko.com. Please be sure to indicate in the subject
line “access/request deletion of personal information”.
• If we
have collected and process your personal information with your
consent, then you can withdraw your consent at any time. Withdrawing
your consent will not affect the lawfulness of any processing we
conducted prior to your withdrawal, nor will it affect processing of
your personal information conducted in reliance on lawful processing
grounds other than consent.
• You have the right to complain to
a data protection authority about our collection and use of your
personal information. For more information please contact your local
data protection authority.
IMPORTANT DISCLOSURES, PRACTICES
Links to Other Websites. Our Services may utilize hyperlinks to access
third party sites, which are not controlled by us and, therefore, are
not subject to this Privacy Policy. We recommend that you check the
privacy policies of those third-party sites to determine how the
proprietors of those sites will utilize your information.
Security. We implement appropriate technical and organizational
security measures to protect against the accidental or unlawful
access, loss, misuse, deletion or alteration of personal information
under our control. We use measures such as “Secure Socket Layers” or
SSL to protect your personal information when collecting and
transmitting your billing information to our payment processor.
However, despite our efforts, no system can completely guaranty that
there will never be unauthorized access to your personal
information.
Storage and Retention. Information that you provide to us in the
course of requesting a product or service through the Services may be
gathered and stored in one or more of our corporate databases. Your
personal information is stored for the length of time you have an
account and for legitimate business purposes as disclosed in this
Privacy Policy. We may retain some information from closed accounts so
that we can comply with the law, prevent fraud, assist with
investigations, resolve disputes, analyze or troubleshoot programs,
enforce our Terms of Use, or take other actions permitted by law. If
your account is terminated or suspended, we may also maintain some
information to prevent re-registration. When we have no ongoing
legitimate business need to process your personal information, we will
either delete or anonymize it or, if this is not possible, then we
will securely store your personal information and isolate it from any
further processing until deletion is possible.
A Note to
International Users. The Services are hosted in the United States. If
you are using the Services from outside the United States, your
personal information may be transferred to the United States for
processing and maintenance in accordance with this Privacy Policy and
our Terms. Please note that privacy laws in the United States may
differ from the laws in the country where you are located and may not
provide you the same rights or protections for your personal
information. However, we have taken appropriate safeguards to require
that your personal information will remain protected in accordance
with this Privacy Policy.
Children’s Privacy. The Services are
directed to an adult audience. We do not knowingly collect personal
information from individuals under 18 years of age and, if we obtain
actual knowledge that a user is under 18 years of age, we will take
steps to remove that user’s personal information from our systems.
Changes to our Privacy Policy. We may change this Privacy Policy
from time to time to reflect changes in law or in our privacy
practices. We may notify you about material changes in the way we
treat information by providing you with written notice, or by placing
a notice on the Services or by providing a new Last Updated date on
the Privacy Policy. We recommend that you check the Services
frequently for updates.
Disputes. If you choose to visit the
Services, your visit and any dispute over privacy is subject to this
Privacy Policy and our Terms including arbitration, limitations on
damages, resolution of disputes, and application of the laws of the
United States and the State of Delaware.
10. CONTACTING US
If
you have any questions, comments or concerns about this
Privacy Policy or our privacy practices email us at
info@mistressmariko.com with “Privacy policy or privacy practices” in
the subject line.
When contacting us, please include your full
name, address, phone number, and email address, and indicate the
specific nature of your request.
The data controller of your
personal information Mariko Sakai Consulting LLC