The Balesky Experience Inc. Privacy Policy

BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AND INTERNATIONALLY AS DESCRIBED IN THIS PRIVACY POLICY.

Balesky and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that information we collect (including cookies and device data) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws and principles, including your data subject rights, may not offer the same level of protection as those in the country/region where you reside or are a citizen. By using our Services and providing information to us, you consent to the transfer to and processing of the information in the United States and, unless otherwise stated in this Privacy Policy, we use this consent as the legal ground for that data transfer. You may be asked for your explicit consent to this data transfer as part of account creation.

 

Please read this Privacy Policy carefully, as your access to and use of the Services signifies that you have read, understand and agree to all terms within this Privacy Policy. If you do not agree with any part of this Privacy Policy or our Terms, please do not access or continue to use any of the Services or otherwise submit your Personal Data (defined below) to us.

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Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European consumers and users, this Privacy Policy outlines the legal bases on which we process your Personal Data and provides other information required by the GDPR. Further country/region specific information for our European consumers and users is outlined in the location-specific disclosures section below.

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Information About Your Personal Data

This Privacy Policy relates to data about you, your devices, and your interaction with our Services.

“Personal Data” is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, device IDs, certain cookie and network identifiers, geographic information, local address, date of birth, and other personal information provided by you.

 

Balesky collects, uses, discloses and processes Personal Data as outlined in this Privacy Policy, including to operate and improve the Services and our business; for advertising and marketing; and to provide you with innovative lifestyle and entertainment services, as further described in this Privacy Policy.

 

We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy.

 

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How We Collect and Use Personal Data

We collect your Personal Data in a number of ways and for various purposes, including:

1. When you register for an account or interact with our Services
   We collect Personal Data when you use or interact with our Services, including when you register for a Balesky account, purchase a Service (including processing of payment), or otherwise use the Services (e.g., browse the content available on the Services), and when you ask us to customize our Services. This Personal Data may include name, photo, username and password, email address, date of birth, gender, payment information and general location data.
2. When you communicate with us or sign up for promotional materials
   We collect Personal Data when you communicate with us or sign up to receive promotional materials or information (“Messages”) via email and push notifications.
    
   If you consent to receive Messages, we may use your Personal Data and other information to communicate with you about the Services you have purchased or used; provide you with promotional messages and personalized advertising; to notify you of other features; to notify you of contests, challenges, sweepstakes, and other promotions (“Promotions”); to notify you of Services we think may be of interest to you; and, for other marketing purposes. You can manage your communication preferences in your account settings.
    
   Please note that regardless of your email settings, we may send you Messages pertaining to the performance of our Services, such as revision of our Terms or this Privacy Policy or other formal communications relating to Services you have purchased or use.
    
   We may use your Personal Data to respond to and address your requests for technical support, questions or complaints about the Services, or any other communication you initiate. This includes accessing your account to address technical support requests.
3. When you participate in special activities, offers, or programs
   We may launch surveys that ask you to answer questions about a range of topics from Personal Data to brand and product preferences. Promotions or surveys may be run by a Balesky service provider or co-branded with one of our business partners. In such instances, Personal Data may be collected directly by and/or shared with Balesky, the service provider, and/or business partner, including for marketing purposes. Each Promotion or survey that treats your Personal Data in a way that differs from this Privacy Policy will identify the privacy policy governing that collection of information in connection with that Promotion or survey.
4. When you engage with our online communities or advertising
   We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, or otherwise enter information into comment fields, blogs, or community forums sponsored by or affiliated with Balesky. Please note that our community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.
5. When you access third party products and services
   We may allow you to register and pay for third-party products and services or otherwise interact with another website, mobile application, or Internet location (collectively “Third Party Sites”) through our Services, and we may collect Personal Data that you share with Third Party Sites through our Services. The personal data entered on those Third Party Sites is governed by each sites Privacy Policy.
6. When you connect with us through social media
   You may choose to enable, log into, or sign on to the Services through various social media or social networking services, such as Facebook (“Social Networking Service” or “SNS”). When you connect using your SNS accounts, we may collect Personal Data that you have provided to that SNS. For example, when you log in with your Facebook credentials, with your consent, we may collect Personal Data from your Facebook profile that is permitted under Facebook’s Terms of Service – such as your email address, profile picture, and friend list. We use this data to provide, enhance, and personalize the Services (e.g., to help connect you with or suggest friends within our Services). If you do not want to provide us with this data, you need to adjust the privacy settings on your SNS account.
7. When we collect data from third parties or publicly-available sources
   We may obtain certain data about you from third party sources to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services.
8. When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies
   We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. Our cookie and device id use section below contains more information and options to control or opt-out of certain data collection or uses.
9. When we aggregate or centralize data
   We aggregate and centralize Personal Data for purposes of analytics, innovation, and to provide enhanced services to our customers and end-users.
10. When we link you to friends across platforms
    Our Services consist of social sharing and communication with others. We use your Personal Data to enable sharing as described in the Services, including to enable you to find and link to friends on the Services.
11. When you ask us to customize our Services
    We use photos, videos, or other data you provide to us to customize our Services.
12. When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes (location-specific disclosures may apply)
    We may use Personal Data in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

How We Disclose Personal Data

We may disclose your Personal Data for the purposes as described in the prior section of this Privacy Policy, in the Location-Specific Disclosures section, and in the following ways:

1. Operation and Improvement of Services and User Experience
   Internally to relevant departments within Balesky, in order to provide and improve Services, for marketing purposes, and for advertising.
2. To Service Providers and Vendors
   With business partners, marketing partners, and vendors to provide, improve, and personalize the Services.
3. To Social Network Providers
   With social network providers when we use social network widgets, buttons, or plug-ins in our Services.
4. To other Balesky Registered Users
   With other users of the Services in the context of specific features that are social in nature. Additionally, any information you post or disclose in our community forums (e.g., Facebook, sponsored pages on the Balesky Blog) is public.
5. For Advertising and Marketing
   With advertising and marketing partners for advertising and marketing purposes on Balesky’s behalf and on behalf of third parties.
6. For Certain Analytics and Improvement
   With certain companies for purposes of analytics and improvement of the Services.
7. For Interest-Based Advertising
   With companies involved in interest-based advertising, including web, mobile app and other advertising. This advertising consists of Balesky and third party ads that are personalized and displayed on our sites and through other channels. For more information on how data is disclosed for advertising see interest-based advertising.
8. For Legal Compliance, Law Enforcement, and Public Safety Purposes (location-specific disclosures may apply)
   With law enforcement, government or regulatory bodies, lawful authorities, or other authorized third parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.
9. In the event of an actual or contemplated sale. (location-specific disclosures may apply)
   With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.

Residents of the European economic area. Our disclosure is limited to situations where we are permitted to do so under applicable European and national data protection laws and regulations.

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Legal Basis for Processing

This section addresses the legal basis for processing your data if you reside outside the United States (within the United States, you typically provide consent when you receive notice of this Privacy Policy in a website link). Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.

 

For the purposes of applicable data protection laws, The Balesky Experiencce Inc. is the controller of the Personal Data you provide to us (“Data Controller”). As a Data Controller, we process the Personal Data we maintain about you in accordance with this Privacy Policy. If you have any questions or concerns regarding the processing of your Personal Data, or if you have questions regarding this Privacy Policy, please see our contact information below.

 

Note for Residents of the European Union: For more information on the Legal Basis for processing see the EEA location-specific disclosures.

 

We collect and process your Personal Data for a variety of purposes outlined in this Privacy Policy. In certain cases, separate consent is not required, including:

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1. For the Performance of a Contract

 

To perform our contractual obligations to you in connection with the Services, including but not limited to account registration, fulfilling purchases you have made via the Services (including processing of payment), contacting you in relation to any issues with the Services, when you use or interact with other connected devices and in relation to location-based Services (including to provide you geographically relevant Services), to connect you with users across platforms, share content, when you ask us to customize our Services, where we need to collect Personal Data from third party sources and when you access third party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the performance of the Services.

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2. To Meet Legal Obligations

 

To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.

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3. For Legitimate Business Interests

 

To operate our business and provide the Services, other than in performing our contractual obligations to you for Balesky’s “legitimate interests” for the purposes of applicable law – except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.

 

For example, the following areas include processing covered by Legitimate Interests, subject to applicable law:

 

• Communication. To communicate with you regarding the Services, including to provide you important notices regarding changes to our terms and also to address your requests, inquiries, and complaints. We may send strictly necessary communications, including emails, even if you have opted out of receiving other Balesky emails or communications. These types of communications do not require consent. We also process your Personal Data for our legitimate interests when you communicate with us, including when you sign up for promotional materials and we have not asked you for your consent in that regard.
• Respond to Your Requests. To respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.
• Promotional Messages. We process your non-sensitive Personal Data to provide you with promotional messages and personalized marketing, including: when you communicate with us or sign up for promotional materials; when you participate in offers or programs; when you engage with our online communities or advertising; to provide you geographically relevant Services, offers, or advertising; when we aggregate and centralize data; and when we share Personal with our service providers and vendors.
• Compliance with Law and Public Safety. To assist in the investigation of suspected illegal or wrongful activity, including sharing information with other entities for fraud, loss, and crime prevention purposes. To protect and defend our rights and property, or the rights or safety of third parties.
• Improvement and Development. To develop, provide, enhance, and improve our Services and your experience, including to enable you to use the full range of our Services (e.g., processing of non-sensitive Personal Data related to your use or interaction with a wearable or other connected device that integrates with the Services; when you access third party products and services; when we collect, use, or otherwise leverage cookies, device IDs, general location data, data from the environment, and other tracking technologies; when you connect with us through social media; when we collect data from third parties or publicly-available sources; when we aggregate and centralize data; and when we share Personal Data with our service providers and vendors). For internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
• Enforcing Terms and Notice. To enforce our Terms or this Privacy Policy, or agreements with third parties.
• Merger or Acquisition. (location-specific disclosures may apply). To support a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.

 

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Consent as a Basis for Processing

In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Services); or (ii) registering or creating an account with us. Due to different countries’ laws governing consent for the collection and use of Personal Data, the requirements for consent will differ across regions. We may request your consent for a number of activities including:

1. Balesky Marketing and Communication
   We may ask for your consent to contact you by email or push notifications about other offers, products, Promotions, or services that we think may be of interest to you and for other marketing purposes.
2. Sharing with Third Party Services
   We may also ask for your consent to share your Personal Data with certain Third Party business partners in order to offer certain goods, services, or programs. To withdraw consent, please go to the preferences of the specific third party service or app.
3. Third Party Marketing
   We may ask for your consent to provide Personal Data to allow third parties to contact you regarding their products, services, Promotions, or offers. Typically, this is in conjunction with a sweepstakes or challenge (your consent for third party marketing is generally not a pre-requisite to participation. To withdraw consent, please go to the preferences of the specific third party.
4. Processing Sensitive Personal Data
   We may request your consent to process sensitive Personal Data. The Website may require this data to provide the Services. If you choose not to provide sensitive Personal Data (for example, date of birth), certain features or Services may be unavailable or not function properly.
5. Research
   We may request your consent to use your Personal Data for Research purposes. We may also request your consent to contact you to determine your interest to participate in certain Research initiatives and to share identifying results. For market research, we may ask questions on behalf of business partners and share your response with business partners.
6. Advertising
   We use cookies, pixels (including email pixels), mobile device and advertising IDs, general location data, service usage data, for purposes of interest-based and cross-device advertising. The consent for which may be managed at the operating system level.
7. Transfer of Data
   We transfer data to the United States and to other countries/regions for processing. We may request your consent for this transfer or the transfer, in other cases, may be justified by a legal basis other than consent.
8. To Enable Social Sharing and Connect with Us on Social Media
   Our Services consist of social sharing and communication with others. If you sign up for these Services, we may ask for your consent to use your information to enable sharing as described in the Service. We may also ask for your consent when you connect with us through Social Media.
9. Promotions
   We may ask you for permission to use your Personal Data for special offers, events, sweepstakes, and other Promotions. We may use the Personal Data we collect during Promotions, to administer the Promotion, verify identity and age, and to communicate with you about the Promotion.‍

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Managing Preferences and Withdrawing Consent

You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Data based on the consent you provided before you withdrew it, and exercise other controls regarding website and online data collection, your communication settings, and other preferences. Collection and use of Personal Data may be required for the Services to work.

 

We provide you several ways to manage your preferences:
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Cookie Use and Controls

 

Cookies serve a wide variety of purposes. Cookies are pieces of data stored in your web browser that are transmitted to websites to remember your browser over time and distinguish it from other users. Cookies are used to personalize your web experience and for security, analytics, marketing, and interest-based advertising. Our cookies are placed and read by our web servers, while other cookies are placed and read by other companies’ web servers. Information on specific cookies is found on our website. You can block and control cookies using the information noted in this section. If you block all cookies, certain functionality on our Website will not work.

 

One way to think about cookies is based on their function. The following settings will control our use of browser cookies, the use of IP address for tracking, and the collection and use of data for cookie-based, interest-based advertising.

 

Required Cookies. These strictly necessary cookies are used for core functionality, and recognize when you are signed in, are necessary for security, and enforce your privacy preferences. Without these cookies, some functionality on our Website may fail. You can block these cookies in your browser preferences.

 

Functional Cookies. These cookies help to improve the Website by allowing us to understand how the Website is used and how the Website performs. These cookies include analytics and measurement.

 

Advertising Cookies. These cookies help us and other parties personalize ads that are shown to you on the Services, as well as on other websites. If enabled, these cookies will allow third parties engaged in interest-based advertising on our Website to recognize your browser software on other websites too.

 

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IP Address Use

 

An IP address refers to an identifier assigned by a network to a computer, mobile device, Internet of Things (IoT) device, or routing device. IP addresses, for purposes of this Privacy Policy, include “public” IP addresses, such as the IP address for a home router that is visible to the Internet, as well as “local” IP addresses, which are IP addresses assigned to computers and mobile devices “behind” a router (such as a home router). Our advertising and analytics partners may use IP addresses to group or correlate devices for purposes of analytics, security and anti-fraud purposes, interest-based advertising, ad targeting, ad attribution, and limiting ad frequency.

 

You can choose not to have IP address used for purposes of advertising or analytics by using the cookie controls for “Advertising Cookies,” and “Performance/Analytics,” above.

 

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Web Pixels or Beacons Use

 

Pixels are extremely small image files that, when loaded by your web browser, cause the browser to make a network request to the party corresponding to the pixel. If that party’s cookies are currently stored in your browser, those cookies will be transmitted with the request. Beacons can be used on web pages for advertising or to confirm the opening of a marketing email. When used in conjunction with cookies for interest-based-advertising, the cookie controls above can be used to control the purpose for which they are used.

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HTML5 Local Storage

 

HTML5 Local Storage in the browser is different from cookies, but can be used for the same purpose (to pair a tracking ID to a particular web server with your web browser so that the web server can identify your web browser over time). You can control the purpose for which HTML5 Local Storage is used by using the cookie controls outlined above.

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Social Network Interaction and Widgets

 

Social network widgets, buttons, and plug-ins on our Website passively transmit data regarding a social network’s members to that social network, even when a button is not clicked. These technologies may allow a social network (e.g., Facebook) to personally identify its members and to know the web pages its members have visited. This is true wherever social network buttons are embedded, regardless of whether a button is “clicked” or “pressed.” If you belong to a social network or use these categories of web services, you should review the privacy policies of those services to understand the nature of the data that they collect and what, if any, options the service offers to control how data is collected and used. If you disable advertising cookies, the passive tracking associated with these buttons will be blocked on our sites.

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Change Consent Settings for Communication Preferences

 

Consent for Email Communication: After signing up for email communications, you can choose to unsubscribe using the unsubscribe link in any commercial email we send. Please note that if you unsubscribe from “all emails” this means “all emails other than strictly necessary emails.” You will still receive email communications from us if they are strictly necessary to provide the Services or to confirm or validate a transaction, recover accounts, etc.

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Transfers of Your Personal Data to Other Countries

 

The Personal Data Balesky processes, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).

 

By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in the United States. Where and as required, we will seek your explicit consent as outlined in this Privacy Policy.

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Data Retention

 

We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems.

 

Where permissible, we will also delete your Personal Data upon your direction to delete your account. Please contact us at admin@thebaleskyexperience.com if you would like your personal data deleted or if you have further questions regarding our data retention policies.

 

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Security

 

We implement technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

 

Links to Other Websites. Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Our Services may provide a link or otherwise provide access to Third Party Sites. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites. Our Privacy Policy does not apply to Third Party Sites, and any data you provide to Third Party Sites, you provide at your own risk. We encourage you to review the privacy policies of any Third Party Sites with that you interact with.

 

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Children

 

We do not knowingly collect Personal Data online from individuals under 18. If you become aware that a child has provided us with Personal Data without parental consent, please contact us through support at admin@thebaleskyexperience.com. If we become aware that an individual under 18 has provided us with Personal Data without parental consent, we will take steps to remove the data.

 

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How to Contact Us

 

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us at readings@thebaleskyexperience.com.

The Balesky Experience, Inc.

809 W Dallas #686

Conroe, TX 77305

 

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Location-Specific Disclosures

Residents of Mexico

 

By using the Services, you consent to the collection, use and transfer of your Personal Data (including sensitive personal data pursuant to Mexican law) for processing in the United States as described in this policy.

 

Access Requests

 

Balesky takes steps to keep your Personal Data accurate and up to date. If you reside in Mexico, you may request access to, modification, cancelation or opposition of the Personal Data that we have collected about you. To access your Personal Data, please contact us at readings@thebaleskyexperience.com or at the address listed above. We may charge for this access service pursuant to applicable law and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

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Residents of the European Economic Area and the United Kingdom

 

If You Elect Not to Provide Personal Data

 

You may choose not to provide Balesky with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.

 

How to Exercise Your Rights

 

Balesky takes steps to keep your Personal Data accurate and up to date. If you reside in the European Economic Area, you have certain rights to the Personal Data that we have collected about you. To exercise your rights to your Personal Data, please contact us at readings@thebaleskyexperience.com or at The Balesky Experience Inc. 809 W Dallas #686 Conroe, TX 77305. Subject to applicable law and in exceptional circumstances only, we may charge for this service and we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

 

You have the following rights:

 

• Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).
• Right to correction (Art. 16 GDPR): You have the right to have your Personal Data corrected if it is inaccurate and to have incomplete Personal Data about you completed, as permitted by law.
• Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and where there is no other legal ground for processing; (iii) when you object to processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21 (2) GDPR; or (iv) when your Personal Data has been unlawfully processed.
• Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances, including: (i) when the accuracy of your Personal Data is contested; (ii) when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead; or (iii) when you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of Balesky override your grounds.
• Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible and as permitted by law.
• Right to object (art.21 GDPR): You have the right to object to our processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1) (e) or (f) GDPR, and includes profiling based on those provisions. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Furthermore, you have the right to object at any time to processing of Personal Data for direct marketing purposes.

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How we may disclose your Personal Data

 

The GDPR and national laws of European Union member states implementing the GDPR permit the sharing of Personal Data relating to users who are residents of the European Economic Area with third parties only under certain circumstances. If you reside in the European Economic Area, we will only share your Personal Data as described in our Privacy Policy under the heading “How We Disclose Personal Data” if we are permitted to do so under applicable European and national data protection laws and regulations.

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Transfers of Your Personal Data to Other Countries

 

The Personal Data Balesky processes, and all associated Services and systems, including registration, are housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).

 

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Marketing Communications

 

Where we are legally required to do so, we ask you for your prior consent before providing you with promotional materials or information. You may revoke your consent at any time (this will not affect the processing of your Personal Data undertaken until the revocation). If you want to stop receiving promotional materials, etc., you can do so at any time as outlined in this privacy policy above.

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Legal Basis for Processing Under the GDPR

 

In this section we provide information on the legal basis for our processing of your Personal Data as required by Art. 13 and 14 of the GDPR:

 

• When you register for an account or interact with our Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
• When you input Data within our Services: For sensitive data as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.
• When you communicate with us or sign up for promotional materials, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages. Where we are required under applicable local law to obtain your consent for sending you marketing information, the legal basis is your consent, Art. 6(1)(a) GDPR.
• When you participate in special activities, offers, or programs.
  • For sensitive data as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.
  • For non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages or to allow you to participate in our special activities, offers or programs or obtain prior consent, Art. 6 (1) (a) GDPR, if required by applicable law.
    • When you engage with our online communities or advertising and we actively collect your Personal Data in this context, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages.
    • When you access third party products and services and we obtain Personal Data about you from such third party sources:
      • For Personal Data that we need in order to perform the Services (e.g., if you pay for third party products through our Services), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
      • With regard to other Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to improve our Services.
    • When you connect with us through social media:
      • Where we collect your consent in such case, for instance for marketing purposes, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
      • Where we do not collect your consent in such case, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use the full range of our Services (Art. 6 (1) (f) GDPR).
    • When we leverage and/or collect cookies, device IDs, data from the environment, and other tracking technologies, we process your Personal Data on the basis of your consent, Art. 6 (1) (a) GDPR, and based on our legitimate interest, Art. 6 (1) (f) GDPR, to the extent permitted by applicable law.
    • When we use coarse location and data from sensors, we process such data for strictly necessary purposes in order to perform our Services, Art. 6 (1) (b) GDPR); and for our legitimate interest in marketing and improving our Services, Art. 6 (1) (f) GDPR).
    • When we aggregate or centralize data, such processing is either necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better or customized Services and marketing.
    • When you sign up for our Services that consist of social sharing and communication with others:
      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
    • When we provide you geographically relevant Services, offers, or advertising:
      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
      • Where we do not collect your consent in such case, for such Personal Data that we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
      • Where we do not collect your consent in such case and where we do not need such data in order to perform the Services, we process such data for our legitimate interest in offering you marketing and improving our Services, Art. 6 (1) (f) GDPR).
    • When you ask us to customize our Services:
      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
    • When we disclose Personal Data to our affiliates and partners, and to our service providers and vendors:
      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better Services and marketing.
    • When we process or share Personal Data in the event of an actual or contemplated sale, we process such data for our legitimate interest in offering, maintaining, providing, and improving our Services, Art. 6 (1) (f) GDPR).
    • When we conduct analytics, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to develop and improve our Services.
    • When we investigate suspected illegal or wrongful activity, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to ensure compliance with legal requirements and law enforcement requests and for public safety purposes.
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Right to Lodge a Complaint Before the Data Protection Authority

 

We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.

 

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Changes to this Privacy Policy

 

In order to enhance our Services, it might be necessary to change this Privacy Policy from time to time. We therefore reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our Website from time to time for information on updates to this Privacy Policy.

 

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How to Contact Us or Our Privacy Office

 

The Balesky Experience Inc. is the data controller responsible for the processing of your Personal Data in connection with the Services. In case of questions about the processing of your Personal Data please contact us at:

 

The Balesky Experience Inc.

 

809 W Dallas #686

 

Conroe, TX 77305

 

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Residents of Australia

 

Balesky takes steps to keep your Personal Data accurate and up to date. If you reside in Australia, you may request access to or correction of the Personal Data that we have collected about you. To access your Personal Data, please contact us at readings@thebaleskyexperience.com or at the address listed above. We may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

 

If you have any complaints regarding how we handle your Personal Data, please contact our team at the email above, write to us at the address above with a detailed description of the complaint. We respond to complaints as soon as practicable, and in any event, within the time limits prescribed by law.

 

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Residents of the United States

 

We don’t sell Personal Data as defined by Nevada law.

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Residents of California

 

If you are a resident of California, you have certain rights to the Personal Data that we have collected about you. Under California law, the exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., maintaining confidentially when legally required ). We will comply with your request as soon as reasonably practicable. Requests to exercise your rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. To prevent unauthorized access to your Personal Data, we take steps to verify an individual’s right to the data – including requiring users to reach out to us directly from a verified email address, pass a challenge response, and/or confirm information associated with the account. Following verification of your identity, we will notify you if we are unable to fulfill your request and outline the reasons we are unable to honor your request at this time.

 

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Your California Privacy Rights

 

You have the following rights:

• Right of Access to Your Personal Data: You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data, as permitted by law. This may include what Personal Data we collect, use, or disclose about you.
• Right to Deletion: You have the right to ask us to delete your Personal Data, as permitted by law.
• Right to Opt-out of “Sale” and Certain Sharing Practices: You have the right to opt-out of certain data sharing practices with third parties who may use your Personal Data solely for their own purposes. Your right to opt-out is limited to information we “sell” to these third parties. “Sell” in this case does not mean providing data in exchange for money – we don’t do that. “Sell” instead means the disclosure of data, including technical device data that does not identify you directly, when a third party might use that data for its own purposes, such as for personalized advertising. We do not have actual knowledge that we sell personal information of minors under 16 years of age.
• Right to Non-Discrimination: We will not discriminate against you, in terms of price or services that we offer, if you submit one of the rights requests listed above.

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How to Exercise Your Rights

 

Exercise your rights: To exercise your rights to your Personal Data, please contact us at readings@thebaleskyexperience.com or at the address listed below:

 

The Balesky Experience Inc.,

 

809 W Dallas #686

 

Conroe, TX 77305

 

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Additional California Rights

 

California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

 

Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by submitting a request to us at readings@thebaleskyexperience.com, or in writing to:

 

The Balesky Experience Inc.

 

809 W Dallas #686

 

Conroe, TX 77305

 

It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes or for purposes of assisting us with our own marketing.