Privacy Policy

Valid starting on the 25th of May 2018

Term & Conditions

1. TERMS OF ENGAGEMENT

1 You are engaging me as coach to provide coaching services (Services) to you/your business on the terms of this agreement.

2 Since I only provide coaching to businesses and to individuals in the context of their life, business or profession, consumer protection legislation does not apply to this agreement.

3 This agreement between us will commence on the date you sign it and will continue until the end of the coaching package (‘the Programme’) unless terminated earlier by either of us.

4 The Programme must be completed within the timeframe.

2. SESSIONS

1 Each Skype coaching appointment at which the Services are provided (Session) will last for the time specified in the Programme and will take place over Skype or in person.

2 I require 24 hours’ notice excluding weekends if you wish to rearrange a session. Sessions rearranged with less notice than this will be forfeited from the Programme. In case of a short notice emergency please email myself info@nickyfalk.com 

3 Clients are required to submit their pre-questionnaire no later than 24 hours before the Session.

4 Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to the venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with their policies and rules (and I shall not be obliged to refund you any amounts paid in relation to such Session).

5 You are responsible for your own belongings that you take to a Session and neither I nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings.

6 You agree to reimburse me in full and indemnify me against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.

7 REFUND POLICY: Upon execution of this agreement, you shall be responsible for the full extent of the Fee. If you cancel attendance at the Programme or any Session, including in-person Intensive sessions, for any reason whatsoever, you will receive no refund.

8 RESCHEDULING POLICY: We may rearrange a Session at least 24 hours prior to the start of the Session, to be rescheduled at a mutually convenient date. If rescheduling a Session on your side takes you beyond the Programme term you will forfeit any remaining Sessions.

9 You can rearrange a maximum of three Sessions during a 3 month Programme and five sessions during a 6 month Programme.  If you have already rearranged more than the maximum number of Sessions in a Programme, I reserve the right to treat you as having taken any subsequent Session you try to rearrange, in which case you will not be able to reschedule it or entitled to any compensation for missing it.

10 If you fail to attend a Session, including where you have attempted to rearrange a Session less than 24 hours before its start time, then you forfeit the full Session Fee where you have paid for the Session in advance or alternatively you must pay the full Session Fee as a cancellation fee.

11 CONDUCT OF CLIENT

1 I will ask you to complete a welcome questionnaire in advance of our first Session and you will provide true, complete and accurate answers to the questions. Providing this information is essential to the success of the coaching and you are required to upload to your Dropbox folder 5 working days before the start of your first Session.

2 Arrive on time for your Sessions. If you are late any time will be deducted from your Session time. I will wait 10 minutes for you to arrive and if you do not arrive within this time, or notify me you are coming late, your Session will be forfeited.

3 Please ensure your phone and email are switched off and distractions kept to a minimum during your coaching Session. This supports your coach in being focused and giving you the best possible service, and you in receiving the most from your Sessions.

4 Please advise me, with as much notice as possible, when you have holiday planned or need to change a Session.  I recommend you keep the momentum going wherever possible by committing to your booked sessions as it will support your progress and results.

3. DUTIES OF COACH

1 I shall provide the Services with due care, skill and ability.

2 You have email access to me for support & short answers to your questions for the duration of your Programme. I aim to get back to you within 24-48 hours on weekdays, travel permitting. For replies requiring more than 5 minutes time, I recommend you raise the query at your next coaching session.

3 All warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, although I fully expect great things to happen as a result of our Sessions, I cannot guarantee any specific results or that all clients will achieve the same results.

4 Coaching is not therapy or counseling.  It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively your responsibility.

5 Coaching does not treat mental disorders and is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or medical treatment of any kind.  By entering into this agreement you confirm that you will not use it in place of any form of therapy. 

6 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the Programme.

7 You will keep me informed of any changes to your medical health or personal circumstances.

8 If for any reason I am unable to provide the Services at the agreed time, I will provide you with as much notice as possible and we shall reschedule the Session for a time mutually agreed.

9 I may need to reschedule Sessions according to travel schedule/commitments and whilst every effort will be made to accommodate you at your preferred time, please note this may not always be possible. Advance notice will be provided in this instance and your Session rescheduled.

4. FEES

1 If you are on a payment plan, I will invoice you monthly. If you fail to make any of the planned payments on the due date then I reserve the right to invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return. Installment payments: If you fail to make any payment under a payment plan at the due date, the whole remaining balance of all the plan payments become immediately due and payable in full.

2 You shall pay each of my invoices in full and in cleared funds within 3days of the date of the invoice either by bank transfer to the bank account nominated in writing by me, or by PayPal.

3 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.

6 Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:

7 suspend all Services until payment has been made in full.

8  Refunds: When the Contract has been made, you are immediately responsible for the full fees of the whole Programme. If you cancel or cease attendance at the Sessions for any reason, you are not entitled to a refund and amounts that are still unpaid for the Programme remain due and payable.

5. CONFIDENTIAL INFORMATION

1 I acknowledge that in the course of providing the Services I will have access to Confidential Information.

2 I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:

1 any use or disclosure authorized by you or required by law;

2 any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

3 any information which is already in, or comes into, the public domain otherwise than through my unauthorized disclosure.

3 As is good practice in coaching, I undertake my own coaching. You agree that I may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.

4 You may disclose to third parties such information about the Sessions as you wish.

6. DATA PROTECTION & INTELLECTUAL PROPERTY

1 You acknowledge and agree that your personal data will be processed by and on behalf of me as part of me providing you with the Services.

2 I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.

4 I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable license to use all or any of the content or material used in the Sessions for private personal use, and for the purpose for which the Sessions were provided only.

5 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions. You hereby consent to recordings being made of the Programme and any Sessions by me, and these will be provided to you for your own personal use on request.

6 NON DISPARAGEMENT: In the event of a dispute between us both, we both agree that they neither of us will engage in any conduct or communications, public or private, designed to disparage the other.

7. STATUS

The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.

8. LIABILITY

1 Nothing in this clause 8 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

2 I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.

3 My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.

4 If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

5 The provisions of this clause 8 shall survive termination of this agreement.

9. FORCE MAJEURE

I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

10. ONLINE SESSIONS

1 Where the Programme involves online Sessions:
a) Online Sessions are held on third party secure servers. We take reasonable steps to ensure that online content is available at all times during the Programme, but we shall have no liability to you if any content (provided by us or added by you or other participants) is not available or becomes corrupted in whole or in part at any time.
b) Keep your user details and password confidential and secure at all times and do not disclose them to a third party. Notify us if you are aware of unauthorized use of your account.

11. DISPUTES, RIGHTS AND LAW

1 Resolving problems: If there’s anything about your Programme or any Session that is not going as you want, please raise it with us without delay.

2 Dispute process, jurisdiction and law, non-disparagement: If there is a dispute between us, we will first seek to resolve it amicably without recourse to law. If that fails, we agree and accept that the only venue for resolving disputes shall be the courts of Sweden and that all agreements between us shall be construed under Swedish law. The parties agree that they neither will engage in any conduct or communications, public or private, designed or intended or likely to disparage the other.

Privacy Policy

1. Introduction

Thank you for choosing us and a special thanks for taking the time to thoroughly read through this Privacy Policy. We would like to begin with a short summary explaining why we have created this policy. Our fundamental objectives are to

• Give you a brief introduction to personal data and our different roles in this context

• Explain why we handle certain kinds of personal information

• Ensure that you understand what information we gather and what we actually do with said information; 

• Show you how we work to protect your rights and your integrity.

Our goal is that you, after having read this policy, will feel secure in that your personal integrity is respected and that your personal data is treated in a correct manner. We therefor also work on a continuous basis with securing that our treatment of personal data is completely in compliance with current legislation, especially the General Data Protection Regulation (GDPR) May 25th 2018.

2. What is personal data and what does the processing of personal data mean?

2.1 Personal data consists of all information that directly, or indirectly together with other information, can be connected to a living (physical) person. A non-exhaustive list with examples of personal data consists of, among others:

• Name

• Personal ID number

• Email-address

• IP-address

• Pictures and video

2.2 The Processing of personal data includes every action connected to the use of the personal data, regardless of whether such an action is performed automatically or not. This means that the following actions, among others, are included:

• Collection

• Registration

• Use

• Alteration

• Storage

• Disclosure by transmission

• Deletion

3. For whom is this policy applicable?

This Privacy Policy shall in the first instance be applicable to individuals (creators) who we represent and from whom we collect and process personal data (”Data Subjects”). Different parts of this Privacy Policy may also be relevant to you depending on your relationship with us. All in all, this policy is relevant for persons who

• are clients of ours

• visit our website or our social media platforms

• otherwise communicate with us, for example through our customer service

By agreeing to this Privacy Policy you agree to our processing of your personal data in accordance with this Privacy Policy.

4. For what areas is this policy applicable?

This Privacy Policy regulates how we may collect and process personal data to be able to continue delivering and developing our Services.

5. What does it mean to be a Data Controller?

A Data Controller is a legal person or other entity that determines the purpose and means for the processing of personal data. A corporation is a Data Controller in regards to personal data it has for its own benefit in regards to its employees, customers, partners, users and others.

6. CommunicationNC as a Data Controller

We, CommunicationNC (company reg. no. SE800611170501) are the Data Controller and therefor accountable in accordance with applicable legislation, for the processing that occurs with your personal data, within the scope of our Services.

7. Why are we allowed to process personal data?

7.1 For it to be permissible for us to process personal data there must always be support for said treatment within the GDPR, so-called lawful basis. Such lawful basis may include:

• Consent from the Data Subject

• That the processing of personal data is necessary to fulfill the terms of an agreement with the Data Subject, for example in relation to the use of the Services

• Fulfilling a legal obligation, for example storing certain information due to legislation regarding certain accounting standards and practices. This could also be the case when handling opt-out settings requests concerning your rights as a Data Subject in accordance with GDPR.

• A weighing of interests when we have a legitimate interest in using your data, for example for statistical purposes and to market our services, and to secure payment and prevent fraud

7.2 It may occur that the same personal data is processed both through support in terms of fulfilling an agreement as well as in terms of specific consent or in terms of the processing of that specific information is necessary to fulfill other legal obligations. This means that even though you may revoke your consent and the treatment based on said consent ceases, that specific personal data may remain with us for separate reasons.

8. What personal data do we process, and why?

In this section, we explain how your personal data is used in order for us to be able to provide you with high quality services.

8.1 When you communicate with us

You can choose to communicate with us in many different ways, for example via social media and through emails with our customer service.

When you communicate with us, we process data which you personally provide to us, for example:

• name and contact information

• information regarding your views, questions, or matters

8.1.1 We process your personal data in order to:

• answer questions and handle your matters, for example addressing defects, handling complaints, questions about your stay

• improve our services and the information we provide and publish on our website and other forums of communication

8.1.2 Legal grounds for the processing:

We process your personal data for our, and your, legitimate interest in administering your matter (weighing of interests).

8.1.3 Period of storage:

We save your personal data for up to 12 months after the matter is closed in order to ensure traceability in your communications with us.

8.2 When we represent you in your role as a creator

When we represent you in your role as a creator, we process data which you personally provide to us, for example:

• name and contact information

• Personal ID number

8.2.1 We process your personal data in order to:

• Handle your collaborations with different companies

8.2.2 Legal grounds for the processing:

We process your personal data based on the performance of a contract.

8.2.3 Period of storage:

We save your personal data for up to 12 months after our collaboration to ensure traceability in your communications with us, as well as to be able to handle future inquiries from customers.

8.3 When you  use our website

When you visit our website, we process:

• data about how you interact with, and use, our website

• information regarding your visits to our website, through cookies.


8.3.1 We process your personal data in order to:

• provide our digital services

• provide support when you encounter any kinds of technical problems

• maintain, test, and improve our digital services

• discover and prevent security attacks, for example virus attacks

8.3.2 Legal grounds for the processing: 

We process your personal data based on:

• a weighing of interests for our legitimate interest in maintaining, testing, and improving our digital services.

8.3.3 Period of storage: 

We save your personal data for 3 month after you have used our digital channels.

9. How long do we generally store personal data?

Your personal data is stored only during the period for which there is a need to store the information to be able to fulfill the terms of the agreement. We may store your personal data longer if this is necessary from a legal standpoint or to safeguard our legal interests, for example within the scope of legal proceedings that we are involved in.

10. Our actions to protect personal data

10.1 We have ensured that we have taken all necessary and appropriate technical and organizational measures to safeguard your personal data against loss, misuse or unauthorized access.

10.2 To technically ensure that personal data is processed in a safe and confidential manner we use digital networks that are breach protected through for example encryption, fire walls and password protection. In any instance where a breach may occur we have created routines to identify, assess and minimize any damage that may occur as well as report said damage to all affected parties.

10.3 To ensure an adequate knowledge level regarding processing of personal data we will arrange ongoing educational efforts regarding GDPR, both for our employees as well as the consultants that may from time to another be contracted to do work for us.

11. When do we share personal data?

11.1 We will not sell, make available or spread personal data to third parties with the exception for what is stated throughout this Privacy Policy. Within the scope of the Services personal data may be shared to subcontractors or partners, if this is necessary for the fulfillment and performance of our Services, for example to process your payments. In any instance where we choose to share personal data we will enter into a Data Processing Agreement to ensure that the recipient of the personal data processes said information in accordance with applicable legislation as well as to ensure that the recipient has taken the necessary technical and organizational actions to, in a satisfactory fashion, be able to protect the rights and freedoms of you as a Data Subject.

11.2 Furthermore we may share personal data if we are required to do so by law, court order or if withholding such personal data would hinder any ongoing legal investigation.

12. Your rights

12.1 We are responsible for your personal data being processed in accordance with applicable legislation.

12.2 Upon your request, or at our own initiative, we will correct, de-identify, delete or complete any information that has been found to be wrongful, incomplete or misleading.

12.3 You have the right to demand access to your personal data. This means that you have the right to demand transcripts regarding the processing that we have maintained over your personal data. You also have the right to receive a copy of the personal data that are being processed. You have the right to, once a year and through written application, without cost receive a transcript regarding what personal data is stored in regards to you, the purpose of the storage and processing as well as to whom said information has been made accessible. You also have, within the transcripts, the right to be informed of the period of time in which the personal data will be stored and what criteria we have used to determine said period of time.

12.4 You have the right of correction of your personal data. We will, upon your request and as quickly as possible correct the incorrect or incomplete personal data we process in regards to you.

12.5 You have the right to demand deletion of your personal data. This means that you have the right to demand that your personal data is removed if it is no longer necessary for the objectives for which it was gathered. There may exist legal requirements stating that we may not immediately delete personal data (for example in terms of auditing and taxation related legislation). We will in any such case cease the processing being done for any other reasons than to adhere to the legislation of GDPR.

12.6 You have the right to object to any processing of personal data that is carried out on a lawful basis of weighing of interests. If you object to such processing we will only continue the processing if there are legitimate reasons for the processing that outweigh your interests.

12.7 If you do not want us to process your personal data for direct marketing, you always have the right to object to such processing. This is done either by unregistering in each specific email or by sending us an email at info@nickyfalk.com When we have received your objection we will cease the processing of personal data for any such marketing. You also have the right to report our processing of your personal data to any public authority responsible for monitoring the application of the GDPR, for example The Swedish Data Protection Authority in Sweden. However, we do recommend that you contact us first so that we can try solving the matter in a more efficient and timely manner.

13. Cookies

When you visit our website, we may also collect information and data about you by using what is referred to as cookies. 

14. Changes to this policy

We reserve the right to make amendments to this Privacy Policy from time to another. The date for the latest amendment is stated at the end of this Privacy Policy. If we make any amendments to the Privacy Policy we will publish these amendments on our website. You are therefor recommended to read this Privacy Policy regularly to view any potential amendments.

15. Contact

CommunicationNC (company reg. no. SE800611170501) is the Data Controller for the processing of your personal data. If you would like to have additional information on how your personal data is handled, please contact us through a written and personally signed request sent to:

CommunicationNC

Strandvägen 7

114 56 Stockholm

In the letter, please include your name, address, email, telephone number and personal ID number. Please also enclose a copy of your ID. A reply will be sent to your address as stated in the National Population Register.

Cookie Policy

We at CommunicationNC use cookies on our website. A cookie is a small text data file that is saved in your browser when you visit websites using a computer, mobile phone or other digital device.

We use cookies for technical reasons and to make our web services easier for our visitors to use. We also use cookies to monitor traffic to our website and for statistics.

What different types of cookies are there?

A cookie can either be classified by its lifespan or by the domain to which it belongs. By lifespan, a cookie is either a:

• session cookie which is erased when you close your browser or

• persistent cookie which remains on your computer/device for a pre-defined period of time.

Session cookies enable us to keep track of your movement from page to page on our website so you don’t get asked for the same information you’ve already given to the site. Cookies allow you to proceed through many pages of our website quickly and easily without having to authenticate or reprocess each new area you visit.

persistent cookie enables us to remember you on subsequent visits, speeding up or enhancing your experience of our services or functions offered.

As for the domain to which a cookie belongs, there are either:

• first-party cookies which are set by us as the owner of the visited website (in this case nickyfalk.comor

• third-party cookies which may be set by another website.

How we use cookies

We use cookies so that you can use our website in the way we intended and to be able to give you, the visitor, better service and a better user experience. Some of our cookies are required in order for our website to work properly. These cookies are used, for example, to support several simultaneous visitors to the website and to remember your actions on our website.

In addition, cookies are used to gather statistics regarding the number of visitors to the website and to collect information about how our website is being used and how we can improve its content, navigation and structure. Lastly, we use cookies for marketing purposes.

What kind of information do we collect by using cookies?
When you visit our website, we may automatically collect the following types of information from you:

• Internet protocol (IP) address,

• Time zone setting

• Operating system and platform

• Information about your visits including the URL you came from, your country, page response times, download errors, length of visits to certain pages, page interaction information, (such as scrolling, clicks, and mouse-overs) and the methods used to browse away from the page.

Social networks and other third party websites

Our website occasionally embeds sharing tools from social network sites such as Facebook, Instagram and YouTube. These suppliers may, therefore, use cookies on our website. We have no access to, nor any control over, these cookies and the information collected. We recommend that you check the relevant third-party website(s) for more information about these cookies and how you can choose to block them.

How can you block cookies?

Most browsers allow you to refuse cookies. You may block our cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. You can find out more about cookies by clicking your way to the help section in your browser menu.

If you block our use of cookies, you may be unable to access certain areas of our website and certain functions and pages will not work in the usual way. 

Questions about our website

If you have any questions about our use of cookies or any other questions regarding your experience of our website, please feel free to contact us info@nickyfalk.com 

Contact

CommunicationNC (company reg. no. SE800611170501) is the Data Controller for the processing of your personal data. If you would like to have additional information on how your personal data is handled, please contact us through a written and personally signed request sent to:

CommunicationNC

Strandvãgen 7

114 56 Stockholm

In the letter, please include your name, address, email, telephone number and personal ID number. Please also enclose a copy of your ID. A reply will be sent to your address as stated in the National Population Register.