Privacy Notice.
Privacy Notice:
Last Updated: May 2024
Welcome to my website: https://behnazvala.com !
I am “Behnaz Vala Coaching”, Mrs. Behnaz Valamotamed, with office address at Wellinghofer Str. 15, 44263, Dortmund, Federal Republic of Germany, currently pending registration as a trade (in German: “Gewerbe”) in accordance with the laws of the Federal Republic of Germany (hereinafter referred to as the “Service provider”, “me,” or “I”).
I offer my services through the website and its sub-domains, sub-pages or affiliate sites, as well as through other tools available, such as, but not limited to digital collaboration platforms (e.g. calendly.com, zoom.com, etc.), as well as through all social media profiles and pages associated to Behnaz Vala Coaching (e.g. Facebook, Instagram, Linkedin, etc.).
I respect your right to privacy, and I am committed to protect your personal data and use it appropriately.
This is a Privacy Notice, and it explains how I process (collect, record, organize, store, use, etc.) the personal data (i) you share with me when you visit my website and/or communicate with me otherwise, or (ii) which I generate about you, and what your rights are in this regard.
Before sharing with me any information, I kindly ask you to read carefully and thoroughly this Privacy Notice. You hereby acknowledge that the personal data you provide to me is supplied of your own free will to be used in accordance with the purposes described in this Privacy Notice. For data protection purposes, I am the data controller of your personal data, that you submit to me.
I reserve the right to change and or update from time to time this Privacy Notice at my own discretion at any time. You will be accordingly notified in advance of material changes and/or updates, which I also urge you to read carefully and make sure you understand.
The personal data that I collect about you
As used in this Privacy Notice, “personal data” means any information that can be used to individually identify you directly or indirectly, alone or along with other information, or contact you online or elsewhere. The categories and volume of personal data that I collect vary depending on the activities in relation to which the data is collected and include:
your name and email address- > when you book a Free Clarity Call with me;
your first name, last name, email address -> when you submit the Contact Me form on my website;
your email address, and name as published on Facebook -> when you join in my Private Facebook Group “Mindset Mastery For Business Success”;
your email address, name-> when you join in my Private Group “Mindset Mastery For Business Success”;
your name and email address - > when you download one of my freemiums (freely downloadable PDFs or other similar flyers);
your first name, last name, street and number, city, country, state/province, zip/postal code, username, email address -. to register for my program;
from time to time, with your prior express permission at the beginning of each session, I may record such sessions or calls. I will be using such recordings, as follows: where it is a group call, to make available the recording to those of the participants who were unable to participate in the live session or call; 2) to review and improve the quality of my service; 3) for internal trainings of my team; 4) for my social media or other promotional activities, only in excerpt (not the entire recording), and always on an anonymized basis, mainly when it's an explicit testimonial call;
other personal data clearly identified to you at the point when such data is collected;
data with respect to the use of the website by you, which I obtain by means of tracking technologies such as cookies, IP address recording, log file. Such data includes your IP address and if you have logged in, your log in details, as well as information as the pages you have viewed, for how long and your website journey – more details in my Cookie Policy.
How I collect your personal data
I solely collect your personal data with your informed knowledge i.e. when you voluntarily submit it to me or when it is generated in the course of your relationship with me.
Collection of data occurs in various ways, by way of flyers or forms, filled in by you or, at your request, by my team, or other dedicated personnel, fiscal receipts, or electronically. For example, personal data collection happens:
when you opt-in to receive the freemiums or other similar flyers that I share with you on an opt-in basis;
when you opt-in to open an account on my website,
when you take part in the events (including but not limited to workshops, trainings, etc.), that I organize,
when you accept to participate in my marketing campaigns,
when you claim a prize or other benefits as a result of a contest, or other promotional activity,
when you subscribe for other ancillary services, such as my newsletters,
when you contact me for various purposes (feedback, questions, or comments through my ‘contact me’ form),
by means of tracking technologies, such as cookies, IP address recording, log files.
Once collected, I shall at all times ensure that any processing of personal data is carried out with the observance of the applicable laws, this Privacy Notice and for the purpose for which you submitted such data to me.
For what purpose I use your personal data
You need to know that for the processing of the personal data that you voluntarily submit to me, in certain cases your express prior written consent is required, however there are other cases where I may lawfully process this data in order to:
comply with various laws that govern our business activity, or
perform my contractual obligations to you, or
take steps, as per your request, prior to entering into a contract with you, or
protect a legitimate interest which I or a third party might have, except when such interests are overridden by your interests or fundamental rights and freedoms.
Your consent shall be considered granted when you actively give me your permission in view of such processing, most usually by ticking the relevant tick/OPT IN box, by clicking a button whereby you express your wish to register in an event or to subscribe to my newsletter service, or where I ask verbally for your consent and you agree also verbally to grant it to me (and there is a recording of such consent being given).
The data I collect is only used for the purpose for which you submitted it to me, and such purpose is made clear to you at the point it is collected or here in this Privacy Notice. Thus, I intend to use your personal data as follows:
(A) I shall process your personal data in order to perform the contract based on which I provide our services to you, or in order to take steps at your request prior to entering into the contract for the provision of my services, in the following cases:
(1) In order to grant you the services and/or digital products that you are entitled to, further to using my services and/or digital products;
(2) When you register for one of my programs or trainings (workshop, training, masterclass, mastermind, etc.), I shall use the personal data that you willingly submitted to me to offer you the benefits that customarily come along with such registration: you will be able to participate in the event, to be contacted for your participation or for the granting of free guides, cheat sheets, recordings, etc., as the case may be.
(3) When you contact me voluntarily, I shall use your personal data in order to respond to your questions, comments and claims, to offer guidance and clarifications, to provide you with assistance and customer support.
(4) When you register for one of my events or contests, promotional activities, social media campaigns, etc., I shall use the personal data that you willingly submitted to me to offer you the benefits that customarily come along with such registration: you will be able to participate in the event, to collect your prizes or bonuses, to be contacted for your participation or for the granting of prizes or bonuses, etc., as the case may be.
(5) The placement of certain cookies on your computer – in accordance with my Cookie Policy.
(6) I may use your e-mail address also in order to:
send you administrative communications such as confirmation e-mail or sms when you sign up for or unsubscribe from a specific registration or activity.
send you certain service-related announcements, such as updates to our Privacy Notice or other policies.
(B) Based on your prior consent, I shall process your personal data in the following cases:
(1) When registering in an event, you may also be given the free choice to sign up (through a tick box or otherwise) for an activity or service different from the one you are requesting. For example, if you register your data for a promotional activity, you may also be asked if you desire to sign up for my newsletter about other services, products and/or events of ours or our affiliates mentioned below in the Section “With whom we share your personal data”, or to allow me to use your personal data for advertising purposes, or to participate in a survey. You will be free to refuse such additional options.
(2) If and when you subscribe to receive my newsletter, I shall use your personal data to send you our newsletters periodically. You will be eligible to receive various information on our and/or our affiliates’ activities and events (promotions, social media campaigns, new services/products launched or offered by us or our affiliates), whether they are organized by me or by companies which are affiliated to me.
(3) If and when you accept to participate in a survey, I shall use your personal data to send you my surveys, which are ordinarily carried out in order to receive clients’ opinions on my services or digital products and to improve their experience with me, but also to acknowledge the market preferences, desires, expectations and consequently be able to offer better services and digital products.
(4) If and when you accept to have your personal data used for advertising purposes, I shall use such data for such purpose, in the form agreed with you.
(5) If and when you sign up for receiving my direct marketing communications (including newsletters, invitations, surveys, etc.), I shall also use your personal data to contact you with general or bespoke service-related notices and promotional messages. Through signing up for our direct marketing communications, YOU EXPRESSLY AGREE TO RECEIVE MESSAGES, CALLS AND/OR PROMOTIONAL CONTENT FROM ME OR MY AFFILIATES ACTING AS DATA PROCESSORS (in the section below “With Whom I Share Your Personal Data”) ON MY BEHALF, THROUGH YOUR EMAIL ADDRESS AND PHONE NUMBER, OR OTHER MEANS THAT YOU SHARED WITH ME. Thus, you enable me to call you and deliver to you promotional content or messages via SMS, email, direct text messages, instant messages, marketing calls and other types of communication. Should you at any time desire not to receive such promotional calls, messages, notices or information, you may notify me in this respect or follow the “unsubscribe” or STOP instructions contained in the promotional messages you receive.
(6) In order to improve your experience on my website and provide you a more personalized content, I collect data about your use of my website, such as the pages you have viewed, for how long and your website journey. This data includes your IP address and if you have logged in, your log in details and it is collected by means of cookies or other tracking technologies. In this respect, please note our Cookie Policy.
(C) Based on our legal obligations, I shall process your personal data in the following cases:
(1) In order to strengthen my data security and fraud prevention capabilities.
(2) In order to comply with the obligations imposed by the legal framework applicable to the e-commerce industry.
(3) In order to perform my fiscal obligations in accordance with the applicable tax provisions and other relevant tax legislation.
(D) For pursuing my following legitimate interests, I shall process your personal data as follows:
(1) Based on my interest for improving my products and services – I shall process your personal data for statistical purposes, to produce depersonalized aggregated statistical data, which I use to improve our products and services.
(2) Based on my legitimate interest to strengthen, expand or make our business more efficient – I shall process your personal data in case of legal reorganization or merger or acquisition by another company or in case of a transfer of business.
(3) Based on my legitimate interest to protect, secure, or prevent loss/damage to my rights – I shall process your personal data in the context of filing claims or responding to claims filed against me.
Purpose and availability of the Privacy Notice
This Privacy Notice is meant to inform you with respect to the processing activities I perform in connection with your personal data, so I urge you to read it carefully prior to sharing with me any personal data. This Privacy Notice is located here and is also available on other pages or locations where personal data is requested. At such time as the data is collected, further information may be provided, as may be necessary, in other documents (such as, but not limited to, events, promotional activities etc.) as to the purposes for which the personal data will be used. Nevertheless, the collection by me in all circumstances of personal data shall be governed by the general terms of this Privacy Notice, which shall prevail upon other documents in case of discrepancies.
What happens if you do not provide and let us use your personal data
You may at any time decide not to submit the required personal data. However, in case of your refusal to share your personal data if and when requested, I might not be able to fulfill my contractual obligations when collecting and processing the respective data represents for me a legal obligation (for example, if you refuse to provide me with your email address, I cannot provide you with the required invoice). Also, you may not be eligible to participate in certain activities or events if you do not provide the minimum required information (for example, should you refuse to share with me your contact details, you may not participate in an event or promotional activity, as I would have no possibility to contact you to provide you log in details or information on how to collect your prizes, respectively).
Your refusal to share your personal data in order to benefit from certain services may also limit the services and special offers we can provide you. As an example, if you fail to give your consent for receiving my newsletter, you will not be able to receive any of my newsletters. However, please be informed that I do not process your personal data should you just want to browse our website and find out more about our services and products.
With whom I share your personal data and why
In the situations when your consent is required in this respect, if you agree with such sharing, please note that I also share your personal data with data processors, acting as our contractors or service providers (also referred to as business partners in this document), for the purposes listed in the Section “For what purpose I use your personal data” above.
These data processors are under the obligation to ensure the same level of diligence and security as us when it comes to the processing of your personal data. I also ensure that they are contractually obliged to process it solely based on my instructions, for the purposes set by me and in a manner that ensures its appropriate security and confidentiality, including for preventing unauthorized access to, or use of, such data and the equipment used for the processing.
Please note that I may have legal obligations to share your personal data with competent authorities (such as tax authorities, consumer protection, police, courts of law, etc.), if so required by the applicable laws. I may also share your personal data, in good faith, in order to protect, secure or prevent loss of our rights or for my legitimate interest or my clients or the public, or to respond to various claims by other parties.
Personal data sharing may occur as part of my legal reorganization or merger or acquisition by another company or in case of a transfer of business on the basis of my legitimate interest to strengthen, expand or make our business activity more efficient. In any of the listed cases, the acquirer may have access to the data that we store, including your personal data, always subject to the applicable law.
I may also share aggregated statistical data or survey results; however, such data are anonymized and contain no personal data.
I will never share your personal data with any third party that intends to use it for direct marketing purposes, unless we have specifically informed you of this and you have given us explicit permission to do this.
Where your personal data is stored
Your personal data will be maintained, processed, and stored by us in the Federal Republic of German territory, in Dortmund, but also using cloud services such as Google drive, Meta, Trello, Kajabi. However, please note, in relation to such third-party storage service providers, that I do not have any control and take no responsibility in respect to their security measures or otherwise.
Each of my service providers that process and store your personal data on my behalf, and with whom I have a valid agreement in place, is committed to keep it protected and secured, in accordance with industry standards and irrespective if any lesser legal requirements may apply in their jurisdiction.
In the case of data recipients which are located in third party countries, for which the European Commission did not issue an adequacy decision, I concluded with each such recipient contracts, which include standard contractual clauses aimed to ensure the appropriate level of protection.
Term of storage of your personal data
I assure you that your personal data will solely be stored just for as long as necessary, in accordance with the purposes for which they were collected.
For your information, I shall retain personal data:
for as long as I am required to comply with my applicable laws and reporting and regulatory obligations (for example, archiving terms provided in the accounting legislation: ten years after the end of the year in which they made the final entry unless other tax laws permit shorter retention periods (Section 147, AO));
for as long as needed to provide you with my services and fulfill my obligations to you;
for a period of time as provided in the applicable statute of limitations, in order to be able to respond to any potential claims and requests and protect our rights and any legitimate interests;
for as long as necessary to respond to your questions, offer guidance and solve your problems in connection with my services.
Upon expiry of the above-mentioned terms, your personal data will be deleted.
Should you desire at any time that I stop using your personal data to provide you with services, please contact me as described in Section How you can access, modify, delete or object to the use of your personal data.
Please note that in cases where your personal data deletion requests are conflicting with my legal and regulatory obligations or the data concerned by your deletion request are necessary for the exercise or defense of my legal claims, I might not be able to satisfy your request.
How I keep your personal data secure
I have implemented all necessary technical and organizational measures, be them physical, electronic or procedural, to protect the confidentiality and security of the personal data that you share with me.
These measures include, without being limited to:
Storage of the personal data in environments that are solely accessible to authorized and trained personnel.
Passwords.
Encryption.
Monitoring the systems for possible vulnerabilities and attacks.
Your rights
You will, at all times, have the following rights as to your personal data processed by us (the “Rights”):
(A) Right to basic information. You have the right to be provided with information on the identity of the controller, the controller's reasons for processing their personal data and other relevant information necessary to ensure the fair and transparent processing of your personal data.
(B) Right of access. You have the right to confirmation of whether, and where, our company is processing your personal data, information about the purposes of the processing, information about the categories of data being processed, information about the categories of recipients with whom the data may be shared, information about the period for which the data will be stored (or the criteria used to determine that period, information about the existence of the rights to erasure, to rectification, to restriction of processing and to object to processing, information about the existence of the right to complain to the Data Protection Authority, where the data were not collected from you, information as to the source of the data, information about the existence of, and an explanation of the logic involved in, any automated processing that has a significant effect on you.
(C) Right to rectification. You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you.
(D) Right to erasure (‘right to be forgotten’). You have the right to obtain from us the erasure of your personal data without undue delay and we shall have the obligation to erase your personal data without undue delay if: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) you withdraw your consent on which the processing is based, if there is no other legal ground for the processing; (c) you object to the processing pursuant to your opposition right and there are no overriding legitimate grounds for the processing, or you object against the processing of your data for direct marketing purposes; (d) the personal data have been unlawfully processed; (e) the personal data have to be erased for compliance with a legal obligation in EU or other law applicable to us. Notwithstanding the above, we may continue to lawfully process your personal data to the extent that processing is necessary: (a) for exercising the right of freedom of expression and information; (b) for compliance with a legal obligation; (c) for the establishment, exercise or defense of legal claims.
(E) Right to restriction of processing. You have the right to obtain from us restriction of processing where one of the following applies: (a) if you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data; (b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; (c) we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; (d) you objected to processing pending the verification whether our legitimate grounds of override those claimed by you.
(F) Right to data portability. You have the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller, where: (a) the processing is based on consent or on a contract; and (b) the processing is carried out by automated means.
(G) Right to object. You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data based on the legitimate interests of ours or of a third party. However, we have the right to prove that we have compelling legitimate grounds for the processing which override your interests, rights and freedoms or that the purpose of the processing is for the establishment, exercise or defense of legal claims.
(H) Right not to be subject to a decision based solely on automated processing. Unless the decision (a) is necessary for entering into, or performance of, a contract between the you and us; (b) is authorized by the Union law or the law applicable to us; or (c) is based on your explicit consent, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
I will give effect to the rights of access, rectification, erasure and the right to object free of charge. I may charge a reasonable fee for repetitive requests, or requests which we find manifestly unfounded or excessive or for further copies.
I will respond to you in a time frame of 30 days after receiving a request from you made under those rights. If I receive large numbers of requests, or especially complex requests, the time limit may be extended by a maximum of two further months.
If I will not meet this deadline, you may complain to the Data Protection Authority and may seek a judicial remedy.
How you can access, modify, delete or object to the use of your personal data
In order to exercise your Rights listed above, you can always contact me at: hi@behnazvala.com .
You may at any time refuse to share any of your personal data with me or you may object to the processing of your personal data by me. However, you must understand that if you choose this option in certain cases, I might not be able to fulfill my contractual obligations to you. As mentioned in Section “What happens if you do not provide and let us use your personal data” above, such situations may occur when collecting and processing the respective data represents for me a legal obligation (for example, if you refuse to provide me with your address, I cannot deliver your goods to you, further to your acquiring our services/products). Similarly, you may not be eligible to participate in certain activities or events if you do not provide the minimum required information or restrict the use of the information already provided (for example, should you refuse to share with me your contact details, you may not participate in a promotional activity, as I would have no possibility to contact you to collect your winnings).
I recommend that you do not opt-in for communications or services when you first register, if you do not want to receive such services or communications (newsletters, calls, announcements, or other communications and/or services from me). If you opted-in and you subsequently decide that you no longer desire to benefit from these services or communications, I inform you that we give you the option to discontinue receiving communications and services in the future by unsubscribing. For this, you just need to follow the unsubscribe process or instructions provided in our communications or notify me of your intention at hi@behnazvala.com .
Treatment of children's personal data
My services and digital products are not intended for children (that is persons under 18 years). I do not knowingly collect personal data from minors. You must be over 18 years old to benefit from the services and digital products of and engage in communications with me.
By registering in my events and contacting me, you confirm that you are at least 18 years old and are fully able to enter into, comply with and be legally bound by our any terms and conditions made available to you and this Privacy Notice. If I am notified or learn that a minor person has submitted personal data to me by any means of communication, I will immediately delete his/her personal data.
How you can contact me
For any questions or requests for clarification in connection with this Privacy Notice, you are invited to contact us at: hi@behnazvala.com or at the address: Wellinghofer Str. 15, 44263, Dortmund, Germany.