Terms & Conditions

The Sivananda Ashram Yoga Retreat Bahamas values each guest and strives to provide you with the best experience before and during your stay with us. To allow you an optimal experience using our website, we are applying the privacy and security measures listed below. We are looking forward to welcoming you here.

Privacy Policy / Terms and Conditions

These policies and terms create a legally binding agreement between you (“User”, “you” or “your”) and Sivananda Ashram Yoga Retreat Bahamas (“Sivananda”, “we”, “us” or “our”).

If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Websites and Services. By accessing and using the Websites and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”) and the following “Terms and Conditions” (collectively hereinafter “Policy” and/or “policies and terms.”). Below describes the types of information we may collect from you or that you may provide (“Personal Information”) on the Sivananda Websites located at https://sivanandabahamas.org and https://online.sivanandabahamas.org/ (collectively “Websites”) and any of its related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.

We are committed to protecting the privacy of our users and customers. This Privacy Policy is especially directed at:

• visitors and subscribers of the Websites;
• natural persons contacting us through the contact or other forms on the Websites;
• subscribers to our newsletter(s);
• users signing in to use our programs.

This Privacy Policy is intended to inform you how we gather, define, and use information that could identify you, such as your name, email address, address, other contact details, online identifiers or other information that you provide to us when using our Websites or when relying on our services. Please take a moment to read this Privacy Policy carefully.

Automatic collection of information

When you open the Websites, our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type, and version, operating system type and version, language preferences or the webpage you were visiting before you came to the Websites and Services, pages of the Websites and Services that you visit, the time spent on those pages, the information you search for on the Websites, cookies, access times and dates, and other statistics.

Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

– “When you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Websites and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system.

Collection of personal information

You can access and use the Websites and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Websites, you may be asked to provide certain Personal Information (for example, your name and e-mail address).

We receive and store any information you knowingly provide to us when you create an account or fill any forms on the Websites. When required, this information may include the following:

– Account details (such as username, unique user ID, password, etc)

– Contact information (such as email address, phone number, etc)

– Basic personal information (such as name, country of residence, etc)

– Payment information (such as credit card details, bank details, etc)

– Metadata (we collect user contact info and personal info using the various forms on the Websites. This includes contact information as well as personal information for the more detailed forms such as the karma yogi application form, TTC, ATTC, cleanses and others).

You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Websites. Users who are uncertain about what information is mandatory are welcome to contact us.

How do we use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

– Communicate with you;

– Screen our orders for potential risk or fraud; and

– When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).  Our source code and database are backed up automatically every day to an Amazon S3 bucket, which is then transitioned to Amazon Glacier and stored for one year before lifecycle rules remove the backed-up data.

Sharing your personal information:

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information here https:/www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or otherwise protect our rights.

Behavioral advertising:

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

 – Facebook: https://www.facebook.com/settings/?tab=ads

– Google: https://www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do not track:

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your rights:

If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data retention:

When you place an order and/or make reservations through the Site, we will maintain your Information for our records unless and until you ask us to delete this information.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Websites and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Websites and Services, please contact us to request that we delete that child’s Personal Information from our Services.

We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Websites and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

Use and Processing of Collected Information

We act as a data controller and a data processor in terms of the GDPR when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.

Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Websites and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information and we comply with data controllers’ obligations set forth in the GDPR.

We act in the capacity of a data processor in situations when you submit Personal Information through the Websites and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller in terms of the GDPR.

In order to make the Websites and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:

– Create and manage user accounts

– Fulfill and manage orders

– Deliver products or services

– Send administrative information

– Send marketing and promotional communications

– Send product and service updates

– Post customer testimonials

– Enforce terms and conditions and policies

– Protect from abuse and malicious users

– Respond to legal requests and prevent harm

– Run and operate the Websites and Services

Processing your Personal Information depends on how you interact with the Websites and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

We rely on the following legal bases as defined in the GDPR upon which we collect and process your Personal Information:

– User’s consent

– Compliance with the law and legal obligations

– Provision of health or social care

– Personal Information is already publicly available

Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases above. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Managing information

You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Websites and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so on the settings page of your account on the Websites.

Disclosure of information

Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Websites and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.

Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes.

We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Retention of information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, and/or until our and our affiliate’s and partners’ obligations are fulfilled, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Transfer of information

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.

Data protection rights under the GDPR

If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

(i) You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

(ii) You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.

(iii) You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.

(iv) You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.

(v) You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defense of legal claims, for the protection of the rights of another natural, or legal person or for reasons of important public interest.

(vi) You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defense of legal claims.

(vii) You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.

(viii) You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

California privacy rights

Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.

In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.

Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.

How to exercise your rights

Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.

You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Do Not Track signals

Some browsers incorporate a Do Not Track feature that signals to Websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. The Websites and Services do not track visitors over time and across third-party websites. However, some third-party websites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.

Social media features

Our Websites and Services may include social media features, such as the Facebook and Twitter buttons, Share This buttons, etc (collectively, “Social Media Features”). These Social Media Features may collect your IP address, and what page you are visiting on our Websites and Services, and may set a cookie to enable Social Media Features to function properly. Social Media Features are hosted either by their respective providers or directly on our Websites and Services. Your interactions with these Social Media Features are governed by the privacy policy of their respective providers.

Email marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time.  We may utilize third-party email services like MailChimp or iContact.  You may opt out easily from this service.  The CAN-SPAM Act requires that every email sent must contain a way to unsubscribe from that email list.  We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us.  However, you will continue to receive essential transactional emails.

Push notifications

We offer push notifications to which you may also voluntarily subscribe at any time. To make sure push notifications reach the correct devices, we use a third-party push notifications provider that relies on a device token unique to your device which is issued by the operating system of your device. While it is possible to access a list of device tokens, they will not reveal your identity, your unique device ID, or your contact information to us or our third-party push notifications provider. We will maintain the information sent via e-mail in accordance with applicable laws and regulations. If, at any time, you wish to stop receiving push notifications, simply adjust your device settings accordingly.

Links to other resources

The Websites and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Websites and Services and to read the privacy statements of each and every resource that may collect Personal Information.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.

Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Websites and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

Data breach

In the event we become aware that the security of the Websites and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Websites, send you an email, get in touch with you over the phone.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Websites and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Websites and Services.

Acceptable use policy

By accessing and using the Websites and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Sivananda Ashram Yoga Retreat Bahamas, even though it is electronic and is not physically signed by you, and it governs your use of the Websites and Services.

 Prohibited activities and uses

You may not use the Websites and Services to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

• Disclosing sensitive personal information about others.
• Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
• Threatening harm to persons or property or otherwise harassing behavior.
• Misrepresenting or fraudulently representing products or services.
• Infringing the intellectual property or other proprietary rights of others.
• Facilitating, aiding, or encouraging any of the above activities through the Websites and Services.

 System abuse

Any User in violation of the Websites and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

• Use or distribution of tools designed for compromising security of the Websites and Services.
• Intentionally or negligently transmitting files containing a computer virus or corrupted data.
• Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
• Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

You may not consume excessive amounts of the resources of the Websites and Services or use the Websites and Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

• Deliberate attempts to overload the Websites and Services and broadcast attacks (i.e. denial of service attacks).
• Engaging in any other activities that degrade the usability and performance of the Websites and Services.
• Security – you take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Websites and Services.

 Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.

Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Websites and Services, as determined by us in our sole discretion.

Reporting violations to law enforcement as determined by us in our sole discretion.

A failure to respond to an email from our abuse team within a reasonable amount of time, or as otherwise specified in the communication to you, may result in the suspension or termination of your account. Suspended and terminated User accounts due to violations will not be re-activated. A backup of User’s data may be requested, however it may be subject to certain penalty fees imposed according to the breach of this Policy terms. The final penalty fee will be determined by the type and frequency of the violations.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Websites and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

Cookies

You should read this Policy so you can understand the types of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies. For further information on how we use, store and keep your personal data secure, see above Privacy Policy and Accepted Use.

What are cookies?

Cookies are small pieces of data stored in text files that are saved on your computer or other devices when Websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”).

Session cookies are temporary cookies that are used during the course of your visit to the Websites, and they expire when you close the web browser.

Persistent cookies are used to remember your preferences within our Websites and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting the Websites and Services.

Cookies may be set by the Websites (“first-party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the Websites (“third-party cookies”). These third parties can recognize you when you visit our Websites and also when you visit certain other Websites. Click here to learn more about cookies and how they work.

What type of cookies do we use?

Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our Websites and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.

Functionality cookies

Functionality cookies let us operate the Websites and Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Websites and Services during future visits.

Analytical cookies

These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the Websites. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Websites.

Social media cookies

Third-party cookies from social media sites (such as Facebook, Twitter, etc) let us track social network users when they visit or use the Websites and Services, or share content, by using a tagging mechanism provided by those social networks.

These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and social networks’ privacy policies. We will not collect or share any personally identifiable information from the user.

Do we use web beacons or tracking pixels?

Our emails may contain a “web beacon” (or “tracking pixel”) to tell us whether our emails are opened and verify any clicks through to links or advertisements within the email.  We utilize Facebook Pixel, Google Analytics, Zapier, and Mailchimp Analytics.  We also utilize the Retreat Guru booking software for all bookings.  Retreat Guru uses the following sub-processors: Pagely, Amazon Web Services, Digital Ocean, Metabase, Mixpanel, HubSpot, Braintree, Stripe, Paystand, MailChimp, 1Password, Formstack, Klaviyo, Zapier, Google Workspace, Smartlook and Very Good Security.

We may use this information for purposes including determining which of our emails are more interesting to users and to query whether users who do not open our emails wish to continue receiving them.

The pixel will be deleted when you delete the email. If you do not wish the pixel to be downloaded to your device, you should read the email in plain text view or with images disabled.

What are your cookie options?

If you don’t like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. Visit internetcookies.com to learn more about how to do this.

Disclaimer

By accessing and using the Websites and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer. You acknowledge that this Disclaimer is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Websites and Services.

Representation

Any views or opinions represented on the Websites belong solely to the content creators and do not represent those of people, institutions or organizations that the Operator or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

Content and postings

You may not modify, print or copy any part of the Websites and Services. Inclusion of any part of the Websites and Services in another work, whether in printed or electronic or another form or inclusion of any part of the Websites and Services on another resource by embedding, framing or otherwise without the express permission of the Operator is prohibited.

Fitness and medical disclaimer

The information available on the Websites and provided by the organization through its courses, news articles, emails, and related advertisements or programs, is for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should not rely exclusively on information provided for your health needs. All specific medical questions should be presented to your own health care provider and you should seek medical advice regarding your health and before starting any nutrition, weight loss or any other type of workout program.

If you choose to use the information without prior consultation with and consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the company, its agents, employees, contractors, and any affiliated companies from any liability with respect to injury or illness to you or your property arising out of or connected with your use of this information.

There may be risks associated with participating in activities presented or advertised on the Websites for people in good or poor health or with pre-existing physical or mental health conditions. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.

The results obtained will be based on your individual background, physical health, previous experience, capacity, ability to act, motivation and other variables. There are no guarantees concerning the level of success you may experience.

Reviews and testimonials

Testimonials are received in various forms through a variety of submission methods. They are individual experiences, reflecting experiences of those who have used the Websites and Services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use Websites and Services, and the Operator is not responsible for the opinions or comments available on the Websites, and does not necessarily share them. People providing testimonials on the Websites may have been compensated with free products or discounts for use of their experiences. All opinions expressed are strictly the views of the reviewers.

The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are available for public viewing.

 Indemnification and warranties.

The accuracy, reliability and completeness of the information and content, distributed through, linked, downloaded or accessed from the Websites and Services are guaranteed by the Operator. However, all information on the Websites is provided “as is”, with no guarantee of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will the Operator, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Websites, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information contained on the Websites are subject to change at any time and without warning.

Changes and amendments

We reserve the right to modify this Disclaimer or its terms related to the Websites and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Disclaimer will be effective immediately upon the posting of the revised Disclaimer unless otherwise specified. Your continued use of the Websites and Services after the effective date of the revised Disclaimer (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing and using the Websites and Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Websites and Services.

DMCA Policy

This Digital Millennium Copyright Act Policy (“Policy”) outlines how we address copyright infringement notifications and how you may submit a copyright infringement complaint.

Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office website.

What to consider before submitting a copyright complaint

Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.

Please note that if you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

The DMCA requires you to provide your personal information in the copyright infringement notification. If you are concerned about the privacy of your personal information, you may wish to use an agent to report infringing material for you.

Notifications of infringement

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. Our response may include the removal or restriction of access to allegedly infringing material.

If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Websites and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites and Services may be the trademarks of other third parties.

Your use of the Websites and Services grants you no right or license to reproduce or otherwise

use any of the Operator or third-party trademarks.

Reporting other infringement

If you would like to notify us of the infringing material or activity, we encourage you to contact us as specified herein.

Refund Policy

Please visit https://sivanandabahamas.org/flexible-cancellation-policy/ to see our Cancellation and refund policy

Online Payment and Cancellation Policy

Please visit https://sivanandabahamas.org/online-payment-and-cancellation-policy/ to see our online payment and cancellation policy

Refund requirements

The following criteria must be met to qualify for a refund:  We will issue a refund if the service is not used. If the conditions listed above are not met, we reserve the right not to issue a refund. Please contact us for questions on a refund issue.

Terms and Conditions

General Websites Security Measures

Our Websites were designed on the WordPress platform and enjoy the protections afforded by such a platform. Our database has strong password protections as does the backend of WordPress. For additional information about WordPress’ privacy measures see this link.

 Reservation and Payment Pages Security Measures

The reservation and payment pages (registration to come stay with us) are protected with Secure Sockets Layer (“SSL”) under www.retreatguru.com and we utilize their booking software.

Everyone who accesses our Websites must also agree to the terms and conditions of Retreat Guru Enterprises Inc. which provides its Services including its online Retreat Booking Guru™ service and other related services to businesses and individuals through the Retreat Guru Platform.  Retreat Guru has its own Privacy Policy and Terms of Service.

Accounts and membership

You must be at least 18 years of age to use the Websites and Services. By using the Websites and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Websites, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and the Websites and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 Accuracy of information

Occasionally there may be information on the Websites that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Websites or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Websites including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Websites should be taken to indicate that all information on the Websites or Services has been modified or updated.

 Links to other resources

Although the Websites and Services may link to other resources (such as Websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Websites. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Websites and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Websites and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Websites and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Websites and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Websites and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites and Services may be the trademarks of other third parties. Your use of the Websites and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Websites and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold all related parties, the Operator and its affiliates, directors, officers, employees, agents, attorneys, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Websites and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of The Bahamas without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of The Bahamas. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in The Bahamas, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This provision applies notwithstanding any conflicts of laws provisions. The prevailing party is entitled to an award of reasonable attorneys fees and costs.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Websites and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Websites and Services.

Changes and amendments

We reserve the right to modify this Agreement or all policies and terms related to the Websites and Services at any time at our discretion. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Websites and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Contacting Us

If you have any questions, concerns, or complaints regarding these Policies or to file a complaint, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us at [email protected].

We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.

This document was last updated on March 1, 2023