PRIVACY POLICY

Effective Date: 06.14.24

Thank you for visiting and using the Website. Migraine Oasis by Karen Ash (“Company”, “we”, or “us”) respect your privacy and are committed to protecting it through this Privacy Policy (“Policy”).

This Policy governs your access to and use of www.migraineoasis.com, including any content, functionality, and services offered on or through www.migraineoasis.com (the “Website”), whether as a guest or a registered user.

When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This Policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.

Please read the Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Policy. If you do not want to agree to the Policy, you must not access or use the Website.

 

CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13, we will delete that information. If you are a parent or guardian who believes we might have any information from or about a child under 13, please contact us at [email protected].

 

INFORMATION WE COLLECT ABOUT YOU
When you access the Website, the Company will learn certain information about you during your visit.

Information You Provide To Us.
The Website provides various places for users to provide information if they choose to do so. We collect information that you voluntarily provide by filling out forms on the Website, communicating with us via contact or registration forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when registering for or purchasing a product, download, survey, service, or event via the Website.

We use the information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information. No Personal Data is automatically collected from your visit to the Website and must be voluntarily entered by you.

The personal information that we collect depends on the context of your interactions with us and the Services, your choices , and the products and features you use. The personal information we collect may include the following:

- first and last name
- telephone number
- mailing address
- email address
- usernames
- passwords
- contact preferences
- contact or authentication data
- billing address
- debit / credit card information to complete a purchase transaction

With your consent, and as otherwise permitted by applicable law, you may voluntarily provide sensitive health information regarding your Migraine symptoms, frequency, intensity levels, treatments, and feelings about your medical condition and/or yourself. This information may be given before starting and upon completion of one of our Services, with the sole purpose of documenting progress, or within a Public Forum. For more information, see below in section called INFORMATION SHARED THROUGH MIGRAINE OASIS ONLINE COMMUNITIES.

Information We Collect Through Automatic Data Collection Technology. 

As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.

 

INFORMATION SHARED THROUGH MIGRAINE OASIS ONLINE COMMUNITIES

The Company's Website features programs that offer online and virtual group discussions, question and answer sessions, and coaching sessions facilitated by both licensed professionals and professionals who are not licensed (collectively, “Virtual Group and Coaching Programs”). Users participate in Virtual Group and Coaching Programs through virtual communication methods (e.g., Zoom or FaceBook Live) that may permit your voice or likeness to be shared with Company facilitators and other Virtual Group and Coaching Program participants, including video and audio conference calls and virtual meetings. Virtual Group and Coaching Programs are intended to provide users with an opportunity to discuss topics related to chronic pain management and related topics such as support and suggested resources for further exploration. Accordingly, users of Virtual Group and Coaching Programs will likely share or discuss their personal experiences during such programs. You choose and control whether to participate in Virtual Group and Coaching Programs and what, if any, information (including personal information) you share in any Virtual Group and Coaching Programs (collectively, “User Program Contributions”). Certain Virtual Group and Coaching Program sessions may be recorded by Karen Ash and made available elsewhere on the Website. Karen Ash will give advance notice of which sessions will be recorded, and you may choose to participate or not. By participating in any Virtual Group and Coaching Program, you consent to such recording and transmission, distribution, performance, and display by Karen Ash on the Website.

 User Program Contributions are considered public, non-confidential Public Submissions (as defined in our Terms of Use at https://www.migraineoasis.com/terms). Although our Terms of Use (https://www.migraineoasis.com/terms) request users of Virtual Group and Coaching Programs not to share or disclose other’s User Program Contributions, including personal information, without their permission, please be aware that we cannot control the actions of other users of the Services and third parties with whom you may choose to share your User Program Contributions. Therefore, we cannot and do not guarantee that your User Program Contributions, including personal information, will be kept private, nor viewed or used by unauthorized persons, nor used for unauthorized purposes, including for purposes of contacting you.

The Company may also feature online message boards, chats, or other forums through the Website and other services, including through our Facebook page, groups, and communities (collectively, “Public Forums”). Users may choose to share personal information through Public Submissions, including comments, questions and answers, posts, messages, and other similar methods on or through the Public Forums. All User Submissions (as defined in our Terms of Use at https://www.migraineoasis.com/terms), including personal information, you share through our Public Forums are public and not private and are shared with and transmitted to others at your own risk.

Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the message boards or chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Notwithstanding the foregoing, User Submissions you share with the Company solely through non-public Services (e.g., chatbots, email, text messages, private Facebook Groups and phone calls) will not be shared by the Company except in compliance with this Privacy Policy; provided, that if you also share such information through any Public Forum, including through Virtual Group and Coaching Programs or Facebook, such information will be considered Public Submissions.

 

USE OF COOKIES AND PIXELS

Similar to other commercial websites, our website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.

Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using the Website easier by saving your passwords and preferences for you. These cookies are restricted for use only on the Website, and do not transfer any Personal Data to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions.

If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Website may not function properly, be considerably slower, or become inaccessible.

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.​

 We uses the following (3) cookies on the Website: 

Cookie: _kjb_session
Name: Kajabi session cookie
Purpose: This cookie tracks your active admin session so you don't need to re-login

Cookie: kjba
Name: Kajabi affiliate token
Purpose: This cookie tracks which affiliate has referred an offer purchase

Cookie: _abv
Name: Admin bar hidden
Purpose: This cookie tracks whether the user wishes their admin previewing bar to be hidden

 

MALWARE/SPYWARE/VIRUSES

Neither the Company nor the Website knowingly permits the use of malware, spyware, viruses, and/or other similar types of software.

 

USE OF CREDIT CARD INFORMATION

The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.

All credit card information is handled by Stripe or PayPal.

All transactions are handled using an SSL certificate from Cloudflare. This can be verified by looking at the URL in your Internet browser and making sure it begins with HTTPS:// and an icon of a lock. In contrast to HTTP:// which is not a secure connection.

 

THIRD-PARTY LINKS

The Website may contain links to other third-party websites, plug-ins, and applications of interest that are not operated by us.  If you click on a third-party link, you will be leaving our Website and directed to that third-party site.  You should note that we do not have any control over that other website and thus assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to exercise caution and review the Privacy Policy of every site you visit before disclosing any information. 

 

EMAIL INFORMATION

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address, or make a purchase on this Website. For further information see the email policies below.

 

EMAIL POLICIES

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties, except as allowed in the section titled Disclosure of Your Information. 

We will maintain the information you send via e-mail in accordance with applicable federal law.

In compliance with the CAN-SPAM Act, all e-mails sent from our Company will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Our emails provide users the opportunity to opt-out of receiving communications from us by simply clicking on the unsubscribe link located at the bottom of any e-mail they receive from us at anytime.

 

HOW AND WHY WE COLLECT INFORMATION

The Company collects your information to record and support your participation in any activities you select. If you register to download resources, sign up for our newsletter, sign up for a mailing list to receive special offers, fill out registration forms and/or surveys, and/or purchase a product or service from us, we collect your information such as name and email address.

 We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.

 

HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?

We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

 We may also use your information to contact you about our third parties’ goods and services that may be of interest to you. There may be times that a third party may provide a commission to be paid to us by such third party if you choose to accept the offer.  Should you opt in to take part in such promotion, the third party will receive your information. If you do not want us to use your information in this way, you may unsubscribe from receiving those communications.

 

DISCLOSURE OF YOUR INFORMATION

As a general rule, we do not sell, rent, lease, or otherwise transfer any information collected whether automatically or through your voluntary action.

 Business Needs: We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.

We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.

Business Transactions: We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business. 

Law enforcement:  We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.

If the Company has reasonable reason to believe that disclosing Personal Data held by the Company is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Website, and or anyone else that could be harmed by such activities, then the Company will work with the appropriate and legitimate law enforcement and or legal authorities to make sure that the Personal Data is handled in accordance with the applicable laws.

 

DATA SECURITY

The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially reasonable methods to protect your Personal Data, we cannot guarantee its absolute security.

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.

For site security purposes and to ensure that this service remains available to all users, the Company may use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and we suggest that you limit access to your computer and browser by signing off after you have finished accessing your account. We urge you to be careful about giving out information in public areas of the Public Forums like message boards. The information you share in public areas may be viewed by any user of the Website. 

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure, and we cannot and do not guarantee the security or confidentiality of your personal information transmitted through the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. 

We will make all legally required disclosures of any breach of your unencrypted, electronically stored “personal information” or “medical information” (as defined in applicable state statutes or other applicable laws on security breach notification). To the extent permitted by applicable laws, we will disclose any such breach to you via email or a conspicuous posting on your private profile on the Website in the most expedient time practicable and without unreasonable delay, subject to and as consistent with (a) the legitimate needs of law enforcement, or (b) any measures necessary to determine the scope of the breach and restore the reasonable integrity of our data system.

 

“DO NOT TRACK” POLICY AS REQUIRED BY CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CalOPPA)

Our Service does not respond to Do Not Track signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.

 

DATA PROCESSING

The Company and our (or our service providers’) servers containing personal information are located in the United States. If you are located outside of the United States, your personal information must be transferred or transmitted to the United States for storage and processing in compliance with this policy. By using our Sites and other Services, you consent to such collection, storage, and processing in the United States. Please be advised that the United States or such other countries may not afford the same level of data protection as is required in your own country. Pursuant to legal process made in the United States, your personal information may be available to the United States government or its agencies.

 

VISITORS’ GDPR RIGHTS

Notwithstanding any other terms of this policy, where the EU General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) requires our compliance with applicable provisions thereof, we will undertake commercially reasonable efforts to comply with all lawful requests made pursuant to and in accordance with the GDPR, as it may be amended from time to time.

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
• In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. 

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it. 

You have the right to request access to your data that the Company stores and the right to either rectify or erase your personal data. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible. 

You have the right to seek restrictions on the processing of your data. 

You have the right to object to the processing of your data and the right to the portability of your data. 

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent. 

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

 

POLICY CHANGES

We may update our Policy, Website, or other Services from time to time at our sole discretion. If we make material changes to how we treat our users' personal information, we will post the new Policy on this page with an updated Effective Date or notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.

 

CONTACT US

Migraine Oasis and Karen Ash welcomes your questions or comments regarding the Policy:

By Mail:

Migraine Oasis
c/o Karen Ash
Postfach 48
4104 Oberwil
Switzerland

By Email: [email protected]