Terms and conditions

This website (EkhartYoga.com) is owned and operated by EkhartYoga BV Pampuslaan 15, 1382JM Weesp (”EkhartYoga”, “Ekhart Yoga”, ”we”, “our” and “us”). Your use of this website is subject to the Terms and Conditions as set out below. By accessing and using this website you agree that you have read, understood and accept these terms.

Our terms of use, liability information and privacy statement

Practise safely

One of the most important skills yoga can teach us is greater body awareness. No yoga teacher knows your body as well as you do, so if anything doesn't feel right, you are free to take breaks and/or skip poses or sequences that are not suitable for you. 

We recommend that you use these online classes in addition to attending classes or workshops with an experienced yoga teacher who can observe you and give you personal guidance where required. 

We do not offer medical advice. If you have any doubts please consult your medical practitioner before starting yoga or if you are coming back to it after illness or injury. This is particularly important for, but not limited to, the following conditions: if you are pregnant, nursing, taking medication, have low or high blood pressure, or have any existing medical condition or injuries. If you feel dizzy, light-headed, faint, or if you experience any other discomfort, stop immediately and take a resting pose. Consult a medical professional if your symptoms do not pass.

Most classes on this website will include warming up and cooling down sections, however, shorter classes such as pose tutorials may not. Please take responsibility for your own body and include extra warm up and cool down stretches where appropriate to avoid injuries.

It's best to practise on an empty stomach so leave around two hours after a heavy meal before practice. Keep yourself hydrated before and after your yoga practice. Don't use alcohol or drugs before yoga or meditation.

The information provided on our website is provided for educational and background purposes only. Using the website and the information provided is at your own risk. 

Comments on classes, programmes and collections

We welcome and encourage your comments and questions under classes, programmes and collections.

We monitor comments to ensure that any questions do not go unanswered and to gather feedback to help us improve the website. We try to answer your comments and questions as quickly as possible.

We reserve the right to remove any comments deemed to be offensive, commercial or those which include external links.

Collections - images and sharing

Images used for your Collections must be free from copyright.

If you set your Collections to public we may share them, with the image, on social media channels for promotional purposes.

Images should not be offensive or explicit in any way. If you see explicit or offensive imagery used, please contact us by email. In this email, please state the name of the Collection and include a link to the Collection. We will then investigate within 5 working days, and remove said Collection and image if the complaints are correct. 

Intellectual Property Rights

By using this website you agree that all the information, communications, photography, text, images, graphics, software, trademarks, trade names, logos and other materials and services on this website (the “Content”) are protected by copyright, trademark, database rights and other intellectual property laws under the national laws of the Netherlands and international treatise.

You agree not to copy, modify, download, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer or sell any information contained on or forming part of this website, or otherwise use such Content of this website for re-sale, re-distribution or for any other commercial use, without the consent of EkhartYoga BV and/or its licensors as the case may be.

All property rights, title and interest in and to the Content shall be at all times and for all purposes remain vested in EkhartYoga BV and/or its licensors, as the case may be.

You may access website and content as available: for your information and personal use, as intended through the normal functionality of the EkhartYoga service. For streaming, 'Streaming' or 'Stream' means a contemporaneous digital transmission of an audiovisual work via the internet from the EkhartYoga service to a users device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing website videos for any purpose or in any manner other then Streaming is expressly prohibited.

Liability

Limit of Liability

To the fullest extent permitted by applicable law, EkhartYoga BV will not be liable for any loss or damages, directly or indirectly occurred, arising out of or in connection with your use of the website, following any programme or class and/or the information contained in it.
It is your responsibility to ensure that you are capable of undergoing a routine of exercises provided by any online programme or class that you follow and/or class or event that you attend with us.
In no event shall EkhartYoga be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of any services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

Indemnity

As a user of this website, you agree to indemnify us against any loss, damage or cost incurred by us arising out of any violation by you of these Terms Of Use. You will also indemnify us against any claims that information or materials which you submit, post to or transmit through the Site are in violation of any law or in breach of any third party right.

Disclaimer of Liability

With respect to content available on the website, neither EkhartYoga nor any of its employees or agents makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

Disclaimer of Endorsement

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by EkhartYoga. The views and opinions of authors expressed herein do not necessarily state or reflect those of EkhartYoga, and shall not be used for advertising or product endorsement purposes.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of the Netherlands and you hereby submit to the exclusive jurisdiction of the Courts of the Netherlands. This will not prevent EkhartYoga from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these terms and conditions in any other jurisdiction throughout the world.

Restrictions 

While EkhartYoga uses its reasonable efforts to maintain this website in an accurate and up-to-date fashion it may contain some technical or other mistakes, inaccuracies or typographical errors. EkhartYoga cannot be held responsible for any mistakes or omissions on this website.

Privacy statement

Your privacy is important to us and we want you to know how we process and store your personal data which we collect when you use our site or communicate with us.

1. Introduction

At EkhartYoga we respect your right to privacy and we comply with our obligations under the Dutch and European data protection acts. The purpose of this website Privacy Statement is to outline how we deal with any personal data you provide to us while visiting this website. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

2. Types of Information Collected

We retain two types of information:

  1. Personal Data This is data that identifies you or can be used to identify or contact you and may include, but not limited to, your name, company name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised and telephone number. Such information is only collected from you if you voluntarily submit it to us.
  2. Non-Personal Data Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This non-personal data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our website.

3. Purposes for which we hold your information and legal grounds

The processing of the personal data you submitted is necessary for us to provide you with the best and safest possible online yoga experience:

  • Personal Data. We use the personal data you have provided to create an account for you so you can practise yoga online with us. We also use your email address in order to contact you. We will process any Personal Data you provide to us for the following purposes: (i) to provide you with the information or services you have requested;(ii) to contact you if required in connection with your request or to respond to any communications you might send to us;(iii) to notify you about changes in our services; (iv) to send you the EkhartYoga newsletter, service notifications and programme emails if you have voluntarily signed up for them.
  • Non-personal data. This is gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.
  • The legal ground for processing your data is performance of a contract (buying online services); legal obligation (tax and bookkeeping) and/or explicit consent (for sending you newsletters etc)

4. Cookies 

This website uses cookies. A cookie is a little piece of text stored by the browser on your computer, at the request of our server. We use cookies to improve the quality of our service by storing preferences and tracking trends. We use the following cookies:

  • ​​Functional - These cookies include your preferences and are essential for the website to function fully and are therefore always enabled.
  • Performance - These cookies help us to improve the site’s performance, to give you a faster experience on the website and better content recommendations. Our system can see which classes you take and like so we can offer you suggestions for other classes to take and teachers to follow. 
  • Social & advertising - Social media cookies allow you to share content from EkhartYoga with others. Advertising cookies help us to better tailor advertising to your interests on sites like Google, and to spread the love of yoga to more people.

You can change your cookies settings at any time. You'll find a link at the bottom of the website footer and you'll be asked to accept cookies when you visit the website. Please note that if you decline our cookies some of the features and services of the EkhartYoga website may not function properly. You can also delete cookie files from your device at your discretion.

5. Term of data storage

We store your data in our database for 13 months after you end your subscription with us. We save it for this period so we can provide for you to keep your preferences and favourites in case you want to restart your membership.

Personal data needed to comply with legal or regulatory requirements (for tax- and bookkeeping purposes) are stored for 7 years.

6. Disclosure of Information to Third Parties. 

We as EkhartYoga work with some expert companies who handle financial data, for example.

We share personal data with these third parties to comply with legal or regulatory requirements. We may share your personal data with other third parties who provide services to us. Except as set out in the Privacy Statement, we will not disclose your personal data to any other third parties.

We may provide non-personal data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties of the number of unique users who visit our website, the demographic breakdown of our community users, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

Read more about third parties we work with and their privacy policies

7. Sale of Business

We reserve the right to transfer information (including your personal data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of EkhartYoga provided that the third party agrees to adhere to the terms of this Privacy Statement and provided that the third party only uses your personal data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

8. Security

Your personal data is held by EkhartYoga in accordance with industry best practices. We do not store your credit card information, number, expiry date or CVV security code on our servers. To ensure optimal security, we use a third party (Buckaroo) for all credit card, Ideal, PayPal & other billing. Buckaroo uses a PCI-DSS compliant platform, secured by encryption and authentication. We have a processor agreement in place with Buckaroo. We take all reasonable steps (including appropriate technical and organisational measures) to protect your personal data. 

9. Users under 16 

EkhartYoga.com content is not directed at users under 16 years of age. When you provide information about yourself as a user, you are thus representing yourself as 16 years of age or older. Our policy is that we do not knowingly collect, use, or disclose personal information about visitors under 16 years of age. However if we do become aware of having collected personally identifiable information from a user under 16 without consent of a parent or legal guardian, we will remove such information from our servers.

10. Access, updating, verifying and deleting/erasure, object to processing, restrict and transfer Personal Data

You have a right to access your personal data, ask for a copy of your data, to rectify it or to delete your records completely. You may also object to processing and restrict the processing, as well as a request for data portability. Please contact us. and we will respond to your request as soon as possible.

11. Changes to the Privacy Statement 

Any changes to this Privacy Statement will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances if any, we disclose it. If at any time we decide to use personal data in a manner significantly different from that stated in this Privacy Statement or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.

12. Governing Law and Jurisdiction

This Privacy Statement is governed by the laws of the Netherlands and is subject to the exclusive jurisdiction of the Dutch courts.

13. Questions or Comments 

If you have any questions or comments or are unhappy about how we handle your data, please email us and we will get in touch as soon as possible. If you feel our answer is not sufficient you can contact the Dutch authority for Data & privacy processing.

Date: 31st October 2018