Personal Information and Privacy Policy

Policy Summary

AquaTerra Coaching, LLC (hereafter “AquaTerra Coaching”) is committed to maintaining the privacy of personal information. Throughout the performance of its operations, AquaTerra Coaching will safeguard the generation, collection, use, storage, disposal, and disclosure of personal information in accordance with best practices and as required by applicable laws and regulations. The responsibility for the protection of personal information is shared by all individuals who process such information on behalf of AquaTerra Coaching.

Related Regulations

This policy helps promote compliance with the requirements of privacy laws and regulations, including but not limited to 12 CFR Part § 1016, International Organization for Standardization (ISO) and General Data Protection Regulation (GDPR).  

Who is Governed by this Policy

  • Staff

  • Contractors

  • Data collectors and/or data processors (hereafter “Data Custodians”)

  • Any other persons or entities who generate, collect, use, store, or process personal information on behalf of AquaTerra Coaching (hereafter “Data Custodians”)

  • Individuals participating in AquaTerra Coaching Activities and Events, using or interacting with AquaTerra Coaching internet based venues, applications, webinars, and/or other such activities (hereafter “events and activities”).

Policy Details

Information plays a critical role in AquaTerra Coaching’s educational, administrative, promotional and public service activities. AquaTerra Coaching recognizes the importance of safeguarding personal information, in all formats, that is processed or shared within the AquaTerra Coaching organization and/or with third parties on its behalf. 

This policy provides guidance to AquaTerra Coaching staff and its clients on the community’s responsibilities with respect to privacy and protection of personal information. 

Collection of Personal Information 

All AquaTerra Coaching offices, contractors, and others that collect personal information on behalf of AquaTerra Coaching (each a “data collector”) are responsible for collecting only the minimum amount of such information necessary. Collecting no more information than is necessary minimizes the information that AquaTerra Coaching must secure and hold private. When collecting personal information from individuals, the following is required: 

    1. Transparency: the data collector must inform the individual what information is being collected (both actively and passively). 

    2. Lawful Basis: the data collector must establish a lawful basis for the collection of personal information. This may include obtaining consent, collection of information necessary to perform under a contract, a legal obligation, vital interest, public task, or a legitimate interest. 

    3. Adherence with privacy notice: any information that is collected through a webpage (i.e., breathrunner.com) or other source, regardless of where it is hosted, must adhere to the website privacy notice. This also applies to contracted third parties that host marketing web pages on behalf of AquaTerra Coaching.  

Use of Personal Information 

Any business or contractor engaged to act on the behalf of AquaTerra Coaching, or other AquaTerra Coaching-authorized persons or entities using or processing (each a “data processor”) personal information on behalf of AquaTerra Coaching is required to do the following: 

a. Notice: the data processor must make available a privacy notice on their website and/or documentation detailing how personal information will be used and who to contact with any questions or concerns. 

b. Non-Public Information: the data processor using information collected on behalf of AquaTerra Coaching is prohibited from selling, sharing, or publicizing personal information. Personal information is to remain private and is considered “Non-Public Information” in accordance with 12 CFR Part § 1016.10 and/or other pertinent laws or regulations.  Data custodians are responsible for reviewing and determining the types of Non-Public Information in their custody, by classifying it in accordance with their data classification principles, outlined in 12 CFR Part § 1016, and/or other pertinent laws or regulations. Data Custodians are required to report to AquaTerra Coaching if they have Regulated Information in their custody. Data Custodians are also responsible for implementing appropriate managerial, operational, physical, and role-based controls, in consultation with AquaTerra Coaching, for access to, use of, transmission of, and disposal of Regulated Information, in compliance with applicable laws and regulations.

c. Disposal: the data processor or any other third party Data custodians acting on behalf of the AquaTerra Coaching, shall securely dispose of all personal information, in any form, in accordance with applicable laws and regulations.

By registering for and/or logging on to a AquaTerra Coaching events and activities, the participant agrees to the following terms and conditions:

    1. AquaTerra Coaching may record the online event including any input from the participant(s) during the events and activities.

    2. The information provided in a events and activities is for general information and use only. It is subject to change at any time and without notice. Although AquaTerra Coaching intends that all information provided in connection with a events and activities is accurate at the time of the event, AquaTerra Coaching does not make any warranty, express or implied, and specifically disclaims any legal liability or responsibility of the accuracy, completeness, or usefulness of any information and makes no representation that its use would not infringe upon privately owned rights.

    3. All participants should be aware that any personal information disclosed by them or others as part of the events and activities may be seen, heard or read by the other participants.

    4. As a participant, I understand that during events and activities, I may be photographed or videotaped.  To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to AquaTerra Coaching and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

    5. I give AquaTerra Coaching and its assigns the right to reproduce in any manner whatsoever any recording made of my voice and all instrumental, musical or other sound effects produced by me. In addition, I hereby expressly grant AquaTerra Coaching and its assigns the right to use my picture, silhouette, other reproductions of my physical likeness, and video on Facebook, Twitter, Instagram, TikTok, YouTube and any and all other social media apps, formats and/or website(s) for the promotion of AquaTerra Coaching and its programs.

    6. AquaTerra Coaching, its speakers and/or any third party presenting in a events and activities, retain their respective intellectual property rights in relation to the content provided, or forming part of, the events and activities.

    7. Participants shall not, without the prior written permission of AquaTerra Coaching, copy, record, reproduce, photograph or display the events and activities or any part thereof.

    8. The statements, analysis, opinions and conclusions speakers and/or other third parties participating in the events and activities are those of the speakers or other third parties and may not represent the views of AquaTerra Coaching.

    9. The online event may include links to other resources and websites. These links do not signify that AquaTerra Coaching endorses nor makes any representation or claim regarding the resources or websites.

    10. If personal information is disclosed by a participant or others during a events and activities, AquaTerra Coaching shall only use that personal information in accordance with AquaTerra Coaching’s Privacy of Personal Information Policy.

    11. The presentation of any material or information by a speaker or third party regarding any opinion, product, process or service, item or organization does not constitute or imply AquaTerra Coaching’s endorsement or recommendation of such opinion, product, process or service.

In addition to the requirements set forth herein, third party Data custodians and Data custodians that provide services on behalf of AquaTerra Coaching are also subject to the terms and conditions included in their respective service agreements. 

All members of the AquaTerra Coaching community, with access to AquaTerra Coaching systems and information, are responsible for reporting any suspected or actual unauthorized disclosures of personal information via email to AquaTerra Coaching, or using the Contact Us form on the AquaTerra Coaching website.

If necessary, incident response procedures will be initiated which may ultimately include notifying appropriate parties, and if necessary, the authorities. Non-compliance with this policy can be reported through this website.

Definitions

Personal Information: Information that relates to an identified or identifiable living individual in accordance with applicable laws and regulations. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal information.  

Regulated Information: Information protected by local, national, or international statute or regulation mandating certain restrictions. If disclosed, altered or destroyed, regulated information could cause a significant adverse effect to AquaTerra Coaching, its affiliates, or an individual.

Sensitive personal information:

Non-Public Information: Information that is classified as Regulated or Restricted in accordance with the data classification standard defined in applicable laws and regulations.

DISCLAIMER

WEBSITE DISCLAIMER

The information provided by AquaTerra Coaching, LLC, d.b.a. Breath Runner (‘AquaTerra Coaching’, 'Breath Runner', 'we', 'us', or 'our') on aquaterracoaching.com, breathrunner.com, patreon.com/BreathRunner, substack.com/@aquaterracoach, breathrunner.substack.com, or other such websites utilized by AquaTerra Coaching, LLC (the 'Site') is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

PROFESSIONAL DISCLAIMER

Please review the following User Agreement carefully before using the Site. Multisport training and/or Breathwork can have an intense effect on your cardiovascular system, endocrine system, respiratory system, nervous system and lymphatic system. It is strongly recommended by AquaTerra Coaching that if you are pregnant or have any medical problems with your body, it is advised you consult your doctor before practice. Neither AquaTerra Coaching nor the Site are licensed medical care providers and represent that they have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should understand that when participating in any exercise or exercise program, there is the possibility of adverse health effects. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge AquaTerra Coaching and the Site from any and all claims or causes of action, known or unknown, arising out of AquaTerra Coaching and/or the Site negligence. Never practice Breathwork while immersed in water. The information provided on these websites are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Never rely on the information on this website in place of seeking professional medical advice. Neither AquaTerra Coaching nor the Site are responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products that you obtain through this site. You are encouraged to consult with your doctor with regard to this information contained on or through this website. After reading articles, watching videos, or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider. We are not a medical health practitioner or mental health provider and we are not holding ourself out to be such, in any capacity. Rather, we serve as a teacher, coach, mentor, and/or guide, who strive to assist you to reach your own physical health and mental wellness goals. We aim to accurately represent the information provided on this website, but claim no authority to verify nor guarantee such information. You are acknowledging that you are participating voluntarily in using our website and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your health, life, and well-being, as well as the health, lives, and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

AFFILIATES DISCLAIMER

The Site may contain links to affiliate websites, and we may receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors, if necessary. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.