PRIVACY POLICY

OUR POLICIES

1. California Online Privacy Protection Act (CalOPPA).  CalOPPA requires commercial websites and online services to post a privacy policy. It requires any person or company in the United States that operates a website(s) which collects Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. In compliance with CalOPPA, we agree to the following: (i) users can visit our site anonymously; and that (ii) 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 easily be found on the page specified above.

2. Fair Information Practices. In compliance with Fair Information Practices, should a data breach occur we shall notify you via email and notify users via in-site notification within one business day.
3. Individual Redress Principle. In compliance with Individual Redress Principles, we acknowledge that individuals have the right to legally pursue 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 government agencies to investigate and/or prosecute non-compliance by data processors.

4. The CAN-SPAM Act. The CAN-SPAM Act 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 penalties for violations. We collect your email address in order to send information, respond to inquiries, and/or other requests or questions. In compliance with the CANSPAM Act, we agree as follows: (i) to not use false or misleading subjects or email addresses; (ii) to identify the message as an advertisement in some reasonable way; (iii) to include the physical address of our business or site headquarters; (iv) to monitor third-party email marketing services for compliance, if one is used; (v) to honor opt-out/unsubscribe requests quickly; (vi) to 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@mariamancinilaw.com and we will promptly remove you from ALL correspondence.

5.  California Do Not Track.  Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. As described in more detail herein, we track user activity using web server logs, cookies and similar technologies. Information collected in web server logs helps us analyze website usage and improve the user's experience. Cookies allow us to offer you a customized experience and present relevant advertising to you. 

6.  Contact. Any questions about these Policies should be sent to info@mariamancinilaw.com.

(Updated October 10, 2022)

1. Collection of Your Personal Information. In order to better provide you with products and services offered on our website, we may collect personally identifiable information such as your name, mailing address, email address and phone number. If you purchase products and services on this website, we may collect billing and credit card information. This information is only used to complete the purchase transaction and is not for any other purposes. Any additional personal information collected about you will be voluntarily submitted by you, such as (i) registering for an account on our website; (ii) entering a sweepstakes or contest sponsored by us or one of our partners; (iii) signing up for special offers from us or selected third parties; (iv) corresponding with us by sending us an email message; (v) submitting your credit card or other payment information when ordering and purchasing products and services on our website. We will use this additional information to communicate with you regarding services and/or products that you have requested from us. We also may gather additional personal or non-personal information from you in the future.

2. Use of Your Personal Information. We collect and use your personal information to operate our website(s) and deliver the services that you have requested. We may also use your personally identifiable information to inform you of other products or services available from us and/or our affiliates. In addition, we may keep track of the websites and pages our users visit within our website in order to determine what products and services are more popular. This data is used to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular service and/or product. 

3. Use of Your Information with Third Parties & Links to Other Sites. We do not sell, rent or lease our customer lists to third parties. Occasionally, we may share data with trusted partners to help perform statistical analysis, send you an email or regular mail, provide customer support, and/or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us; they are required to maintain the confidentiality of your information. You may see content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third party link are subject to separate privacy policies. We encourage our users to be aware when they leave our website that they should read the privacy statements of any other website that collects personally identifiable information. We are not responsible or liable for any content or actions taken by such third party websites. Finally, if we are required by law or have a good faith belief that we are required to so do, we may disclose your personal information, without notice.

4. Automatically Collected Information. Information about your computer hardware and software may be automatically collected by our website. This information may include your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service and to provide general statistics regarding use of this website.

5. Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way. We take appropriate security measures to limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. 

6. Children’s Online Privacy Protection Act. If you are under the age of THIRTEEN (13), you must ask your parent or guardian for permission to use this website. This website and any products and services offered here are not intended for persons under the age of 13. We do not knowingly collect information from anyone under 13 years of age. We will not knowingly collect personally identifiable information from children under 13 and if we learn there is any information or content from anyone under the age of 13, it will be deleted immediately.

7. Use of Cookies. This website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. One of the key purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. Note, most web browsers automatically accept cookies, but you can usually modify your bowser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this website, its services or websites you visit. 

8. Email Communications. We may contact you via email for the purpose of providing website updates, promotional offers, surveys and/or other general communication. When you open an email from us or click on a link therein, we may receive notifications which we only use to help improve our website, content and services. If you subscribe to our emails and subsequently want to unsubscribe from receiving emails from us, you may do so at any time. Instructions on how to unsubscribe from email communications are included in every email we send.

9. Changes to this Privacy Policy. We reserve the right to change, modify or update this Privacy Policy at any time and will notify you of any significant changes by email or regular mail if you have provided your email or mailing address to us. Note, your continued use of our website and services after such changes, modifications and/or updates have been made will constitute your acknowledgment and agreement to said changes, modifications and/or updates. 

(Updated October 10, 2022)

DISCLOSURES

1. General Disclosure. Maria Mancini is a licensed lawyer in the State of California. However, the content on this website is for educational, informational and entertainment purposes only. The content, comments and posts do not constitute any legal advice and do not create an attorney-client relationship. They are made on my behalf alone. You agree and acknowledge that the use of this website and participation in services, programs, use of templates, consultations and other services and products offered by The Law Offices of Maria A. Mancini, Maria Mancini Attorney At Law or The Real Influencer Lawyer™ (collectively “us”) does not create nor constitute an attorney-client relationship and that no communication nor correspondence should be construed as legal advice or representation without the involved parties signing an Attorney-Client Retainer Agreement or Engagement Letter. If you feel you require or would like legal advice or legal representation, you should consult with an attorney in your area and jurisdiction. Purchasers of any services described here agree to hold us and our subsidiaries, affiliates and partners harmless from any loss, claim, damage or liability of any kind arising out of or in connection with said purchase.  

2. Disclosure regarding Sponsored Posts. This website may feature sponsored content which means that I may be compensated for posted content. My opinions on this type of content are mine alone, honest and based on my own personal experience.  

3. Disclosure regarding Affiliates. This website may include affiliate links which means that I may receive a commission if you click a link and purchase something that I have recommended. Clicking on these links will not cost you any extra money.  
4. Disclosure regarding Amazon Affiliate. I am a participant in the Amazon Services LLC Associates Program. This is an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Clicking on these links will not cost you any extra money.  

(Updated October 10, 2022)

1. The use of this website, including all materials and all online services provided by us is subject to the following terms and conditions of use. By using this website you agree that you have read its contents and that you acknowledge and accept the following terms and conditions. 

2.  Updates to Terms & Conditions. Please read these Terms & Conditions carefully. By using our website, you agree to be bound by and to comply with these Terms & Conditions. If you do not agree, you are not authorized to use this website. We may update these Terms & Conditions from time to time, so please review them regularly. Your continued use of our website after we have updated and posted the Terms & Conditions constitutes your consent to the updated Terms & Conditions.  Please note that certain areas of our website may offer features and information that are governed by supplemental policies and terms (“Supplemental Terms”). Supplemental Terms listed below and elsewhere on our website are hereby incorporated into these Terms & Conditions and govern your use of those features and related activities. 

3. Our Privacy Policy stated on this website constitutes part of these Terms & Conditions and are incorporated herein. 

4. Website Content. All content on our website is protected by copyright and owned by us and any of our licensors. If you wish to use any content herein in any manner, please contact us at the email below to obtain consent. As more fully described under the section entitled Disclaimer, content herein is provided for informational purposes only and is not intended as a substitute for professional legal advice. If you require legal advice, please consult an attorney in your area and jurisdiction. 

5. Trademarks. We retain all rights in name and trademarks, including other sources of the same, whether or not registered as our trademarks. You may not use these trademarks without our prior written consent. 

6. User Information. This website may contain features and testimonials that allow users to submit content that may be displayed on our website (“User Information”). When you submit any content, you agree, accept and acknowledge that (i) you possess all licenses, rights and consents necessary to grant rights to us to use your user information, including rights to any third-party material included in your user information; (ii) your user information does not and will not violate any third-party’s copyright, trademark, patent, trade secret, right to privacy or publicity or any other proprietary, personal or other rights of any kind; (iii) you are under no obligation that would in any way interfere with the disclosure or use of your user information, thus, it does not contain any material or information considered confidential or provided to you with the understanding that it would not be disclosed or published; and (iv) you hereby grant us an irrevocable, perpetual, worldwide, sub-licensable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display and perform the content in all media now known or later developed.

7. Non-Legal Advice; No Legal Representation. You agree and acknowledge that the use of this website and participation in our services, programs, use of any templates, obtaining any consultations and other relevant offers by us does not create an attorney-client relationship. No communication by us should be construed as legal advice to you or legal representation of you without you and us signing and executing an Attorney-Client Retainer Agreement or Engagement Letter. 

8. General Website Use. By accessing this website, you agree and acknowledge the following: (i) you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) you will not reproduce or resell any website content or services by any means; (iii) you will use this website and our services only as explicitly authorized and in compliance with these Terms & Conditions and all our policies made available to you; (iv) you will not use any robot, spider, website search or retrieval application or other manual or automatic means or process to retrieve, extract, index or data-mine any data or content on this website or in any way reproduce or circumvent the navigational structure or presentation of this website or any of content; and (v) you will not imply or state that we endorse any statements, actions, goods, services or activities in particular. 

9. Termination of Use. You acknowledge and agree that we have the sole discretion at any time with or without notice to you and in whole or in part to: (i) modify or terminate this website, its content or our services; (ii) to modify any eligibility requirements; and (iii) to suspend or terminate any user’s access to our website or services. 

10. Disclaimers. This website and its contents are provided as a source of general information regarding trademarks and intellectual property matters. If you need legal advice or representation, please consult with an attorney in your area. Trademark law and other intellectual property law vary from state to state and country to country. This website’s content on these and other matters may not be relevant or accurate for all states, countries or jurisdictions. We reserve the right to modify this website content (including price information) in whole or in part, without notice at any time for any reason or for no reason. This website, its services and content are provided “as is” and “as available” to the maximum extent permitted under the law. We disclaim all express and implied warranties of any kind with respect to our website, services and website content, including user content, any warranty of merchantability, and/or fitness for a particular purpose, even in cases where the purpose has been disclosed to us, and does not infringe on any rights. We make no representations or warranties about the accuracy, quality, completeness, timeliness, suitability or reliability of any services or content (including user information) available through our website or through links to third party sites, including that our website services or content (including user information) will be uninterrupted or error-free. We reserve the right to correct any errors, inaccuracies or other issues concerning our website, services and content. If you rely on our website, services or content (including user content) you do so entirely at your own risk. Although we intend to take reasonable steps to prevent the introduction of viruses, worms or other harmful elements in our website, we do not warrant that our website, services or content (including user information) will be free from such elements. We are not liable for any damages or harm attributable to them. 

11. Limitation of Liability. The Law Offices of Maria A. Mancini, Maria Mancini Attorney At Law, The Real Influencer Lawyer™ and its directors, officers, employees, service providers and agents are not liable for any claim of any nature whatsoever based on any loss, damage, liability or injury arising from use of our website, services or content (including user content) from any third party sites or from your breach of these terms. Under no circumstances will The Law Offices of Maria A. Mancini, Maria Mancini Attorney At Law, The Real Influencer Lawyer™ or its directors, officers, employees, service providers or agents be liable for any indirect, incidental, consequential, special, punitive, exemplary or similar damages (including lost revenues or profits, loss of business or loss of data) arising out of or related to your use of our website, services or content (including user information), any third party sites or these terms, regardless of the theory of liability whether in tort (including negligence), contract, or any other legal or equitable theory, our aggregate liability to you for any direct or other damages of any nature arising out of your use of, or inability to use, our website, services or content (including user information) will be the greater of (1) any fees you paid to us in the immediately preceding six months and (2) US $100. Some jurisdictions do not allow a limitation of liability for these kinds of damages, so these limitations or exclusions may not apply to you. In addition, you understand and agree that downloading any website content is at your own risk and that you will be solely responsible for any loss or damage to any computer, device, network, software, hardware and/or any other loss of that may result from the download or upload of any material. 

12. Indemnification. You agree to indemnify and hold harmless The Law Offices of Maria A. Mancini, Maria Mancini Attorney At Law, The Real Influencer Lawyer™ and its directors, officers, employees, service providers and agents against and from all liability, losses, damages and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our website, content or services (including user information) or third party websites or your violation of these Terms & Conditions. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. In addition, you agree to cooperate with us upon our request with regard to such matters. 

13. General Provisions. These Terms & Conditions, which include the Privacy Policy, are the complete agreement between you and us regarding your use of our website, content (including user information) and related services and activities and supersede all other prior agreements (oral or written) regarding its subject matter except that you will also be governed by any (i) Supplemental Terms we provide in connection with particular features and services; and (ii) additional agreements we enter into with respect to specific activities.  

14. Governing Law. These Terms & Conditions are governed by the Laws of the State of California. If you decide to access our website from any other jurisdiction, you are responsible for complying with any applicable local laws. Except to the extent that the arbitration clause below may apply, you agree to: (i) bring any claim or dispute relating to your use of our website, website content, and services and these Terms & Conditions exclusively in the United States District Court for the Central District of California or the state court located in Los Angeles, California; (ii) to submit to the exclusive jurisdiction of those courts; and (iii) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. These Terms & Conditions create no joint venture, agency, partnership or similar relationship. Our failure to assert any right under these Terms & Conditions will not be considered a waiver of that right unless the waiver is in writing. The word “including” used herein is intended to be illustrative and means “including without limitation.”  These Terms & Conditions may not be interpreted or construed to confer any rights or remedies on any third parties. 

15. YOU AGREE THAT YOU MUST BRING ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITE, CONTENT (INCLUDING USER INFORMATION), AND SERVICES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU AGREE TO HAVE PERMANENTLY WAIVED YOUR RIGHT TO BRING THE CAUSE OF ACTION.

16. Arbitration. At our sole discretion, we may require you to submit any disputes arising under these Terms & Conditions (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and binding arbitration in Los Angeles, California under the Rules of Arbitration of the American Arbitration Association applying California law. If this arbitration provision is invalidated in whole or in part, you agree that the United States District Court for the Central District of California or the state court located in Los Angeles, California will be the exclusive jurisdiction and venue for any claim arising out of these Terms & Conditions and your use of our website.

(Updated October 10, 2022)

Definitions:  GDPR means General Data Protection Regulation Act. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA  areas. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. Data Processor means any person who processes the data on behalf of Data Controller. Data Subject means any person who is using our Service & is the subject of Personal Data. 

1.  Principles for processing personal data. Our principles for processing personal data are: (i) fairness and lawfulness. When we process personal data, the individual rights of the Data Subjects must be protected. All personal data must be collected and processed in a legal and fair manner; (ii) restricted to a specific purpose. The personal data of Data Subject must be processed only for specific purposes; and (iii) Transparency. The Data Subject must be informed of how his/her data is being collected, processed and used. 

2.  What personal data we collect and process. We collect several different types of personal data for various purposes. Personal Data may include, but is not limited to your: (i) email address; (ii) first name and last name; (iii) phone number; and (iv) address, state, province, zip code, city, country. 

3.  How we use the personal data. We use the collected personal data for various purposes such as follows: (i) to provide you with services; (ii) to notify you about changes to our services and/or products; (iii) to provide customer support; (iv) to gather analysis or valuable information so that we can improve our services; and (v) to detect, prevent and address technical issues. 

4.  Legal basis for collecting and processing personal data. Our legal basis for collecting and using the personal data described in this Data Protection Policy depends on: (i) the personal data we collect and the specific context in which we collect the information; (ii) our need to perform a contract with you; (iii) whether you have given us permission to do so; (iv) whether processing your personal data is in our legitimate interests; and (iv) whether it is in our need to comply with the law. 

5.  Retention of personal data. We will retain your personal information only for as long as is necessary for the purposes set out in this Data Protection Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies. 

6. Data protection rights. If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please contact us at info@mariamancinilaw.com. In certain circumstances, you have the following data protection rights: (i) the right to access, update or to delete the information we have on you; (ii) the right of rectification; (iii) the right to object; (iv) the right of restriction; (v) the right to data portability; and (vi) the right to withdraw consent.
(Updated October 10, 2022)