This document represents the legally binding Terms and Conditions ("Agreement") between the
Foundation for Positive Mental Health, is a charity registered in Scotland no 041132, 24 Boswall
Road, EH5 3RN, UK. Company no SC318316, www.foundationforpositivementalhealth.com
(referred to as "Seller" or "we") and the buyer, either an individual or a company (referred to as
"Buyer" or "you"). This Agreement governs the sale of goods and services provided by the Seller through the third-party digital platform run by Thinkific Labs Inc. (if you register from within Canada and the rest of the world), or with its subsidiary, Thinkific.com Inc. (if you register from within theUnited States). Collectively, all of these entities are referred to here as “Thinkific”. By accessing or using the Thinkific platform to purchase goods or services from the Seller, you agree to be bound by this Agreement and also Thinkific’s Terms and Conditions
Definitions
a. "Seller" refers to the Foundation for Positive Mental Health, a legal entity duly incorporated under the laws of Scotland.
b. "Buyer" refers to the individual or company purchasing goods or services through the Thinkific platform.
c. "Goods" refers to any tangible products offered for sale by the Seller through the Thinkific
platform.
d. "Services" refers to any intangible services, including but not limited to digital courses, training materials, webinars, and other educational resources, offered for sale by the Seller through the Thinkific platform.
e. "Thinkific" refers to the third-party digital platform used by the Seller to facilitate the sale of
goods and services.
Ordering and Payment
a. Orders: By placing an order through the Thinkific platform, you agree to provide accurate,
complete, and up-to-date information. The Seller reserves the right to accept or reject any order at its sole discretion.
b. Payment: The Buyer shall pay the specified price for the goods or services at the time of placing the order. All payments shall be made through the secure payment methods provided by the Thinkific platform.
Delivery and Ownership
a. Delivery: The Seller shall make reasonable efforts to deliver the goods or provide access to the services purchased by the Buyer within a reasonable timeframe. Any specified delivery dates are estimates and subject to change.
b. Ownership: The ownership of goods shall transfer to the Buyer upon the complete payment of the purchase price. The Buyer acknowledges that the Seller retains all intellectual property rights in the goods and services provided.
Cancellation and Refunds
a. Cancellation: The Buyer may cancel an order within a reasonable timeframe before delivery or access to services. The Seller reserves the right to charge a cancellation fee if applicable.
b. Refunds: Refunds for goods or services will be subject to the Seller's refund policy, as
communicated through the Thinkific platform. The Seller may, at its discretion, issue partial or full refunds.
Intellectual Property Rights
a. All intellectual property rights, including copyright, trademarks, and any other proprietary rights, in the goods and services provided by the Seller remain the exclusive property of the Seller.
b. The Buyer agrees not to reproduce, distribute, modify, or create derivative works based on the Seller's goods or services without prior written permission.
Limitation of Liability
a. The Seller shall not be liable for any indirect, consequential, or incidental damages arising out of or related to the purchase or use of the goods or services, except to the extent required by
applicable law.
b. The Seller's total liability to the Buyer, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Buyer for the goods or services.
Governing Law and Jurisdiction
a. This Agreement shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive
jurisdiction of the Scottish courts.
Entire Agreement
This Agreement represents the entire understanding between the Seller and the Buyer regarding the purchase of goods and services through the Thinkific platform. Any modifications to this Agreement must be made in writing and signed by both parties.
Privacy Statement
This Privacy Policy ("Policy") outlines the practices of the Foundation for
Positive Mental Health (referred to as "Seller" or "we") regarding the collection, use, and protection of personal data from buyers ("Buyer" or "you") in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. This Policy applies to personal data collected through the Thinkific platform and any related services
provided by the Seller.
1. What information do we collect and what do we do with it?
When you enroll 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.
We may collect and process the following types of personal data:
a. Contact information: name, email address, telephone number.
b. Payment information: billing address, credit/debit card details.
c. Account information: username, password, profile information.
d. Communication information: correspondence, inquiries, feedback.
Legal Basis and Purpose of Processing
a. We collect and process personal data for the following purposes:
b. Fulfilment of orders: to process and deliver goods and services
purchased.
c. Account management: to create and manage your account on the
Thinkific platform.
d. Payment processing: to facilitate secure payment transactions.
e. Communication: to respond to inquiries, provide support, and send
important updates.
f. Legal obligations: to comply with applicable laws and regulations.
g. Data Retention: We will retain your personal data for as long as
necessary to fulfill the purposes outlined in this Policy, or as required
by applicable laws and regulations
2. 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 [email protected] or mailing us
at: Foundation for Positive Mental Health 24 Boswall Road, Edinburgh,
EH5 3RN, UK
3. Disclosure
We may disclose your personal information if we are required by law to do
so or if you violate our Terms of Service.
4. Thinkific
Our courses and site are hosted by Thinkific Labs Inc. (“Thinkific”). They
provide us with the online course creation platform that allow 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/ .
5. 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.
6. 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.
Cookies
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
customize 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
personalized 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. 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 behavioral 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 Foundation for
Positive Mental health and the Feeling Good. app websites to measure and
collect anonymous session information.
7. 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.
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.
8. Data Controller
The Seller is the data controller for the personal data collected and
processed through the Thinkific platform. If you have any questions
regarding the processing of your personal data, you can contact us using
the contact details provided at the end of this Policy.
10. Your Rights
Under the GDPR and other applicable data protection laws, you have
certain rights regarding your personal data. These rights include:
Right to access: You have the right to request access to the personal data we hold about you.
Right to rectification: You can request the correction or update of your inaccurate or incomplete personal data.Right to erasure: You have the right to request the deletion of your personal data under certain circumstances.
Right to restriction: You can request the restriction of processing your
personal data in specific situations. Right to data portability: You have the right to receive a copy of your personal data in a structured, commonly used, and machine-readable format.
Right to object: You can object to the processing of your personal data in certain situations. To exercise your rights or if you have any concerns or complaints regarding these please contact our Data Controller at [email protected] address
below.
11. 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.
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, Alastair Dobbin at
[email protected] or or by mail at Foundation for Positive Mental Health 24
Boswall Road, Edinburgh, EH5 3RN
Privacy Policy
This Privacy Policy ("Policy") outlines the practices of the Foundation for Positive Mental Health
(referred to as "Seller" or "we") regarding the collection, use, and protection of personal data from
buyers ("Buyer" or "you") in accordance with the General Data Protection Regulation (GDPR) and
other applicable data protection laws. This Policy applies to personal data collected through the
Thinkific platform and any related services provided by the Seller.
Data Controller
The Seller is the data controller for the personal data collected and processed through the Thinkific
platform. If you have any questions regarding the processing of your personal data, you can contact
us using the contact details provided at the end of this Policy.
Personal Data Collection and Use
a. Types of Personal Data: We may collect and process the following types of personal data:
Contact information: name, email address, telephone number.
Payment information: billing address, credit/debit card details.
Account information: username, password, profile information.
Communication information: correspondence, inquiries, feedback.
b. Legal Basis and Purpose of Processing: We collect and process personal data for the following
purposes:
Fulfillment of orders: to process and deliver goods and services purchased.
Account management: to create and manage your account on the Thinkific platform.
Payment processing: to facilitate secure payment transactions.
Communication: to respond to inquiries, provide support, and send important updates.
Legal obligations: to comply with applicable laws and regulations.
c. Data Retention: We will retain your personal data for as long as necessary to fulfill the purposes
outlined in this Policy, or as required by applicable laws and regulations.
Data Sharing and Third Parties
a. We may share your personal data with third parties only in the following circumstances:
Service providers: We may engage trusted third-party service providers to assist us in delivering
goods and services, processing payments, and managing customer relationships. These providers are
contractually bound to protect the confidentiality and security of your personal data.
Legal compliance: We may disclose your personal data if required to do so by law or in response to
valid legal requests.
Business transfers: In the event of a merger, acquisition, or transfer of assets, your personal data may be transferred to the relevant third party as part of the transaction.
b. We will not sell, rent, or lease your personal data to third parties for marketing purposes.
Data Security
a. We implement appropriate technical and organizational measures to ensure the security and
confidentiality of your personal data. These measures include encryption, access controls, and
regular security assessments.
b. While we strive to protect your personal data, please note that no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee the absolute security of your data.
Your Rights
a. Under the GDPR and other applicable data protection laws, you have certain rights regarding your personal data. These rights include:
Right to access: You have the right to request access to the personal data we hold about you.
Right to rectification: You can request the correction or update of your inaccurate or incomplete
personal data.
Right to erasure: You have the right to request the deletion of your personal data under certain
circumstances.
Right to restriction: You can request the restriction of processing your personal data in specific
situations.
Right to data portability: You have the right to receive a copy of your personal data in a structured,
commonly used, and machine-readable format.
Right to object: You can object to the processing of your personal data in certain situations.
b. To exercise your rights or if you have any concerns or complaints regarding