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Privacy Policy & SMS Marketing Terms - TKC Recovery Counseling

Web Site Privacy Policy

Updated 5/1/2021

The following are the privacy practices for www.recovery-counseling.com, and apply solely to information collected by this web site.

Specifically, we want you to know:

  •  What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  •  What choices are available to you regarding the use of your data.
  •  The security procedures in place to protect the misuse of your information.
  •  How you can correct any inaccuracies in the information.

This page states the Privacy Policy under which you, the Web Site visitor (“You” or “Your” or “Yourself”) may use or correspond with this Web site (“Our Site”), which is owned by Terrence Kelleman Counseling, Inc. dba TKC Turning Point (“We” or “Us” or “Our”). We consider your data protection and privacy to be very important. We never sell personal data and we carry out all processing operations in strict compliance with the EU General Data Protection Regulation (“GDPR”). We respect Your privacy interests and operate this site by these principles. We have taken reasonable steps to protect the integrity and confidentiality of personally identifiable information that You may provide.

Voluntary Submission of Information

You may use the TKC Recovery web site without disclosing personally identifiable information, and We will not obtain such information about You unless You choose to submit it to us through our form submission, by telephone, our LiveChat, LiveChat Offline Message, or by emailing us. Any information You submit will be used internally only; however, submission of information authorizes such internal use by Us and Our employees. In particular, please note that submission of an e-mail or providing us with your email address authorizes Us to contact You via e-mail.

We collect personal information directly when you provide it to us while inquiring about our services, signing up for a service, subscribing to a newsletter, opt-in for updates or offers via opt-in forms, submit feedback, fill out a survey, send us a communication using email, telephone or live chat. Third-party service providers which may provide information about you when you browse the website, click on links, log in to your account, make a purchase. This includes: Google Analytics Facebook Pixel

Cookies

Please note that We use “cookies,” which are small files stored on Your computer’s hard drive that are used to track certain information. These cookies enable Us to track and target the interests of Our users to enhance their experience on Our site. For example, cookies usually allow Your browser to remember which pages You have visited and help Us to know how much traffic Our pages receive. This process does not reveal any personal information about the person viewing the page (such as a username or password) unless the person has previously given such information. If You find cookies objectionable, please consult Your browser’s documentation for information on how to block or erase cookies.

-By modifying Your browser preferences, You have the choice to accept or reject cookies. If You choose to reject cookies some parts of our website may not work properly in Your case. -When You visit our website, there’s certain information that’s recorded which is generally anonymous and does not reveal Your identity. If you’re logged into your account some of this information could be associated with Your account. -What information is possibly stored: your IP address or proxy server IP address, Your internet service provider’s name, the date and time of Your visit to the website, Your session length, pages You access, number of times You access our site, the file URL You look at and information relating to it, the website which referred You to our websites, Your operating system. -At times, we may use third-party advertising companies to serve ads based on prior visits to our website/s. -Similarly, we use email marketing services that track Your use of our emails and collect the information described herein for our marketing and promotional purposes.

Log Files

In addition, Our Web server collects and saves the default information customarily logged by World Wide Web server software. Our logs contain the following information for each request: date, time, originating IP address and domain name, object requested, and completion status of the request. We use these logs to help improve Our service by evaluating the level of demand for Our site and detecting any errors on the site that might occur. These logs may be kept for an indefinite length of time and used at any time and in any way necessary to prevent security breaches and protect the integrity of the data on Our servers.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Information You Make Public

If You make Your personal information available to other people, we can’t control or accept responsibility for the way they will use or manage that data.

Before making Your information publicly available or giving Your information to anyone else, think carefully. If giving information to another user via our website, ask them how they will handle Your information. If You’re sharing information via another website, check the privacy policy for that site to understand its information management practices as our privacy policy will not apply.

Security

This site takes reasonable precautions to protect Our users’ information. We don’t store passwords in plain text and display email addresses in public. We do not collect your financial information on our website. Rather, we use “payment gateways,” which are third-party services known as PayPal and Authorize.Net. Please note, however, that electronic transmissions via the Internet are not necessarily secure from interception, and We do not guarantee the security or confidentiality of transmissions. We reserve the right to update or otherwise alter Our security practices if and when it seems appropriate to do so. As with Our Terms and Conditions, You should check Our Security provisions each time You visit Our site to identify and understand any changes made since Your previous visit. We store personal information on secure servers that are managed by us and our service providers. Personal information that we store or transmit is protected by security and access controls and data encryption where appropriate.

Where Your Information Is Stored

We store data on servers located in the United States and maintain agreements with Third Party IT services that we use that ensures your data is kept according to an acceptable standard of data security compliance including HIPAA laws when necessary.

How Long We Keep Your Information

We keep your information as long as necessary so that we can support you in the event that you contact or otherwise choose to work with us, to improve your customer experience, and to comply with the law.

You can always request that we delete your information however please note that we may be required to retain some information as necessary for our legitimate business interests, to comply with the law, prevent fraud, report continuing education hours to licensing boards or approval agencies or other authorities when requested, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the terms of service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Notification of Changes

If we decide to change Our approach to privacy, We will post those changes to this Privacy Policy so that users are always aware of what information We collect, how We use it, and under what circumstances We disclose it. Changes to the Privacy Policy will be dated, and will be effective from the date specified forward. As with Our Terms and Conditions, You should check Our Privacy Policy each time You visit Our site to identify and understand any changes made since Your previous visit. You also will be notified in email using the email address that we have on file for you.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  •  See what data we have about you, if any.
  •  Change/correct any data we have about you.
  •  Have us delete any data we have about you.
  •  Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computer servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (440) 258-6550 or tk@recovery-counseling.com.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Recovery Counseling (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at tkc1947@hotmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Westlake, OH , Ohio before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Recovery Counseling’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.