Terms And Conditions

This website is owned and operated by Vista Caballo LLC (“we”, “us”, “our”). These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to your access to and use of vistacaballo.com and all its subdomains (the “Website”). Your use of this Website is subject to these Terms of Use (and any other feature, content or application offered from time to time through the Website) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions.

1. Acceptance of Terms

We welcome you to our Website. By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, you are not authorized to use this Website. These Terms of Use may be modified, changed or altered by us at any time without prior notice. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. In agreeing to these Terms of Use, you also agree that continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes.

2. No Warranty

Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Website to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness, or availability of the content and information posted on the Website. We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties.

Any material or software downloaded by you from the Website is done at your own discretion and risk, and we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material.

3. Permitted Uses

This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 18. The content and information posted on this Website are provided as information to interested persons and may be used for informational and personal purposes only. Our materials may include a variety of components, including but not limited to audio tracks, learning modules, webinars, coaching, and workshops. Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights. This Website is not intended for commercial use by anyone other than Vista Caballo, LLC. Material from this Website may not be copied, modified, or distributed, by you for any commercial use, without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability.

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. You expressly agree that you will not modify, create derivative works from, or publicly display any content from the Website without our prior written consent.

4. Your Account

Registration. To use the Services on our Website, you must create a User Account.

Username. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password and you agree to not share login information, call-in numbers, and links with others. If you are using a computer that others have access to, you must log out of your account after using our Site. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at dpo at vista caballo dot com.

Termination. Unless terminated pursuant to these Terms or upon your request, your account will remain active.

5. Links to Third Party Sites; Advertisers

The Website may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse, any such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.

6. Privacy Policy

Please see our Privacy Policy, below, for details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

7. Limitation of Liability

General Limitation. Any liability on our part for damages or injury due to or in connection with accessing and/or making use of the Website is excluded to the broadest extent permitted by law. Under no circumstances shall we have any liability for any incidental, indirect or consequential damages, loss of profit, anticipated savings, loss of data, business interruption, loss of goodwill, claims of third parties, delay damage or punitive damages that result from the use of, or inability to use, the materials on the Website, even if there is negligence or we (or one of our authorized representatives) have been advised of the possibility of such damages, or both. In addition, you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER

You acknowledge that Vista Caballo is not providing any licensed therapy services, licensed counseling services, health care services, medical and/or financial advice to me. You further understand that the services offered by Vista Caballo, are not designed nor intended to be any form of psychological or mental counseling or therapy, including psychotherapy. You agree that Vista Caballo shall have no liability for any mental or psychological condition that may arise or manifest itself before, during, or after my participation in the activities offered by Vista Caballo or my use of Vista Caballo’s equipment, animals or facilities. You agree that Vista Caballo shall have no liability for the occurrence or exacerbation of any mental or psychological condition, whether disclosed or undisclosed. In addition, you agree to assume any and all liability, including, without limitation, any direct or indirect outcomes associated with the services and process of Vista Caballo, LLC for you, and if applicable, for my teams/family.

THE VISTA CABALLO SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON OUR SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

YOUR USE OF THE OUR SITE IS AT YOUR OWN RISK.

 

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

8. Indemnification

You agree to protect and fully indemnify us (and/or our parent, subsidiaries and other affiliated companies) from and against any and all third-party claims, liability, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) arising from your use of the Website, or violation of these Terms of Use by you or any other user of your account (whether or not authorized). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.

9. Reservation of Intellectual Property Rights

You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Website or the permitted uses allowed under these Terms of Use. All copyrights in the Website and content contained in the Website are owned by us. No license to use or reproduce any logo or trademark included on the Website is granted to you by these Terms of Use or otherwise. The trademarks, logos, service marks and business names displayed on the Website are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights. Requests for permission to reproduce any content contained in the Website may be addressed to:

Vista Caballo LLC
Copyrights & Clearances
P.O. Box 797
Dove Creek, CO 81324
USA

Email: [email protected]

10. Submissions

As between you and us, you own all content that you submit to us, whether directly via the our Site or indirectly (for example, via social media). However, you understand that by posting a submission to us, you grant us and our affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.

You further grant all users of the Site or Social Media permission to view your content for their personal, non-commercial purposes. If you make suggestions to us on improving or adding new features to our Site or Social Media content, we shall have the right to use your suggestions without any compensation to you.

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to us and grant the licenses set forth above; (ii) we will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Code of Conduct; Content Restrictions; and Prohibited Activity

Code of Conduct

In using the Site or Social Media, you agree to behave in a civil and respectful manner. We reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms. You agree not to use the Website for illegal purposes (including, without limitation, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws, rules and regulations related to your use of the Site.

Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that infringes any third party’s copyrights or other rights; contains sexually explicit content or pornography; contains hateful, defamatory, or discriminatory content; harasses or intimidates another; exploits minors; depicts unlawful acts or violence; contains video, audio photographs, or images of another person without his/her permission; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; contains deceptive or false information; contains “spam”.

Prohibited Activities

In addition, it is strictly prohibited to “frame” or “mirror” any part of the Site; use meta tags or code or other devices containing any reference to us, our Site or our services (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software or materials used on or for the services or the Site, or cause others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Site in accordance with these Terms; collect information about others; advertise or solicit others to purchase any product or service within the Site; promote fraudulent schemes; Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or participate in any activity that in any way violates any law.

Our Right to Monitor and Remove Content

We have the right, but not the obligation, to monitor all conduct on and content submitted to the Site. We reserve the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes. We further reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the account of such violators. You agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of our Company or any other person.

12. Copyright/DMCA Policy

We respect the intellectual property of others, and we ask our users to do the same. We will promptly remove materials from the Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. We will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows:

Vista Caballo LLC
Copyrights & Clearances
P.O. Box 797
Dove Creek, CO 81324
USA

Email: [email protected]

13. Termination

We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Site, your account/profile, your ability to access, visit and/or use the Site or any portion thereof, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice.

Even if your ability to access, visit and/or use the Site is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may at our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Site, may be retained and/or remain viewable by us, third party providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Site. All provisions of these Terms of Service shall survive termination or expiration.

14. Miscellaneous

Our rights under these Terms of Use may not be waived unless we agree to such change in writing. These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. These Terms of Use are governed by U.S. federal law and the laws of the State of Colorado, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Dolores County, Colorado, U.S.A in all disputes arising out of or relating to the Website. Our performance under these Terms of Use is subject to existing laws and legal processes, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitute the entire understanding between you and us regarding the Services. In any judicial or administrative proceedings based upon or relating to these Terms of Use, you agree not to contest the admissibility of a printed version of these Terms of Use, or any notice given in electronic form, as equivalent to business documents and records originally generated and maintained in printed form.

15. Notices and Contact Information

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. If you have questions or comments for us, please send them to:

Vista Caballo LLC
P.O. Box 797
Dove Creek, CO 81324
USA

Email: [email protected]

16. Effective Date

These Terms of Use are effective and were last updated on July 5, 2018.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Privacy Policy

Vista Caballo LLC (“Company”, “we” or “us”), the operator of this web site, is committed to preserving the privacy of those who visit our www.vistacaballo.com site (“Site”) and use our services. This document outlines how we gather and utilize your information obtained during your visit to the Site and/or use of our services. This Privacy Policy applies to all users of our Site and services and covers what information we collect, why we collect it, how we use the information, and instructions and options to access that information. This Privacy Policy does not cover information collected on sites, applications, destinations, or services linked to from our Site and services that we do not own or control.

By using our Site and services you consent to our collection, use, disclosure and retention of your personal information as described in this privacy policy. If you do not agree to this privacy policy, please do not use our Site or services.

Use of this Site is also governed by, and subject to, the legal notices contained at https://vistacaballo.com/legal-notice/. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. If you do not agree to these terms and conditions you may not access or otherwise use the Site.

INFORMATION WE COLLECT

Information Voluntarily Provided

When using the Site and/or services, we may collect, use, share, store, and transfer the following categories of personal information about you, which you may voluntarily provide to us:

  • Account and Registration Information – name, address, telephone number, title, birth date, employment history, billing, user name, password, and any other information you provide to our staff
  • Personal Profile or Service Information – Site profile personal preferences, personal profile information such as areas of interest, goals, issues, physical characteristics, photographs, biographical, beliefs, health information and/or demographic information
  • Payment Information – credit card/bank billing information for payment processing
  • Site Interaction Information – communications to us via our Site, such as by email, blog, uploads, notifications, and other communications
  • Marketing and Communications – your preferences and/or explicit consent in receiving marketing and other communications from us
  • Social Media Accounts – communications and other content provided to us as a result of your communications via your social media accounts
  • Medical Information – medical history, present symptoms, conditions or treatments, and any other medical and health information you or your healthcare provider choose to provide to us
  • Purchase History – your service purchase and attendance history

Information Automatically Collected

When using the Site and/or services, we may automatically collect, use, share, store, and transfer the following categories of personal information about you:

  • Cookies – We and/or our third party service providers may automatically collect technical information about your equipment, browsing actions and patterns such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data. We collect this information by using cookies, server logs and other similar technologies. We may also receive technical information about you if you visit other websites employing our cookies. You can control cookies through your browser settings and other tools. Please see our Cookie Policy for additional information.
  • Clickstream – As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a web site’s server. Clickstream data can tell us the type of computer and browsing software you use and the address of the web site from which you linked to the Site. We may collect and use clickstream data in an anonymous aggregate form to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our site’s architecture and web pages to better meet the needs of visitors. This information will be used to improve our Site and our services. Any collection or use of clickstream data will be anonymous and aggregate and will not intentionally contain any Personal Information.
  • Other Tracking Technologies – We and/or our third party service providers may automatically collect Technical Information about your equipment, browsing actions and patterns such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data via pixels, beacons, and mobile application identifiers to help us recognize you across different sites and services, improve your experience, increase security, measure use and effectiveness of our services, and serve advertising.
  • Social Network Integration.  If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with our Site and/or services, we may receive your data that has been made available to those services, including information about your contacts on those services.  For example, some social networking services allow you to push Content from our Service to your contacts or to pull information about your contacts so you can connect with them on or through our Site and services. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.

HOW WE USE PERSONAL INFORMATION

We use your information in the following ways:

Identity & Contact Information

  • Register you for a specific service
  • Send you service messages by email, SMS or otherwise, such as service updates
  • Create and manage your account
  • Provide customer care and support
  • Confirm your identity for security purposes
  • Provide you with marketing (subject to your consent)
  • Inform you of products and services of our partners or other third parties from time to time
  • Direct you to the right part of the website
  • Communicate with you

Financial Information

  • Process payment and/or issue refunds
  • Fraud prevention and detection

Transaction Information

  • Provide you services
  • Provide customer care and technical support
  • Customize and enhance our services for you
  • Internal purposes such as auditing, data analysis, and research to improve our services and communications

Technical & Usage Information

  • Improve our Site
  • Evaluate the effectiveness of our marketing initiatives and channel partnerships
  • Provide aggregate trends to our third parties
  • Keep our Site safe and secure
  • Customize and enhance our services for you
  • Provide customer service and technical support
  • Manage our services administration and management

Profile Information

  • Customize and enhance our services for you
  • Make suggestions and recommendations to you about goods or services that may be of interest to you

Marketing and Communications Information

  • Send you information by email, SMS, post, or otherwise, about our services
  • Administer surveys, sweepstakes, promotions, contests, giveaways and/or events sponsored by us or our affiliates

Contact History

  • Provide customer care and support

Social Information

  • Enable you to share stories and services if you choose to

SHARING OF YOUR PERSONAL INFORMATION

Except as expressly set out in this policy, we will not sell, distribute or lease your personal information to third parties unless we have your explicit consent or are required by law to do so. However, as an essential part of our provision of services to you, we share your information with the following categories of affiliates:

  • Professional service providers, such as payment service providers; technical consultants; auditors; other third parties who make our Site and services available, enhance its functionality, and/or provide associated services and/or who deal with you in delivering content, samples, products, gifts and prizes; and/or advertising partners and website hosts who help us run our business
  • Local, state or federal law enforcement officials as required by law
  • Fraud prevention agencies in response to suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties
  • Companies approved by you such as social media sites
  • Other business entities as successors or in contemplation of a merger or acquisition

USER GENERATED CONTENT, BLOGS, FORUMS, PROFILES, SURVEYS, REVIEWS ARE NOT PRIVATE

You may choose to publicly disclose personal information about yourself and others in the course of (i) contributing user generated content (such as blog posts and comments, forum posts, surveys, reviews, etc.), (ii) communicating with others in our online forums, communities, or chat rooms, (iii) creating user profiles for public view, or (iv) posting images, photos, or videos. BE AWARE, information that you voluntarily disclose in any of these areas of our sites or services is unencrypted, public information and, therefore, there can be no expectation of privacy or confidentiality, except if the terms of use of the site or service specifically limit use of the content, and we are not responsible for the personal information you choose to make public in any of these areas.

TRANSFER OF PERSONAL INFORMATION OVERSEAS

Our third party service providers may be located or use affiliate providers in countries outside the European Economic Area (“EEA”). In addition, information may be processed by third party staff operating outside the EEA. Upon information of this event, we will impose obligations on the recipients of that data to protect your information to the standard required in the EEA or otherwise require the recipient to subscribe to international policies and frameworks intended to enable secure data sharing. To this end, it is our policy to engage GDPR compliant processors and we strive to execute GDPR compliant data protection agreements with such processors in order to ensure protection of your data. In the case of transfer by us, we will put in place appropriate safeguards to ensure that your information remains adequately protected.

HOW TO OPT-OUT OF MARKETING MESSAGES FROM US

If you do not wish to receive future marketing or other commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. Please note that you may continue to receive certain communications from us that are necessary for the services, such as event notifications, invoices, technical notices, updates, security alerts, and support and administrative service notices.

STORING PERSONAL INFORMATION

We retain your personal information while your account is active or as needed to provide you services. Additionally, we may retain personal information even after your account has not been active for our internal research purposes or if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our Terms of Use or any other contract entered into between you and us, or if it is not technically feasible to delete your personal information. Should you have any questions or require assistance to access, remove, or modify your personal information, please contact our Data Protection Officer at dpo at vistacaballo dot com.

DATA SECURITY

Security Measures
We are committed to ensuring that your information is secure. To this end we continuously implement and update administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. In addition, all payment transactions are encrypted. We use TLS 1.2 channels to encrypt your credit card information when you process payments through our Site. For your added security all online payment transactions are processed automatically by Stripe, and we are not party to your personal credit card or bank details. If you know or have reason to believe that your account has been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please contact us at accounts at vistacaballo dot com.

No Liability for Breach

Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the data that you send to us or the security of servers, networks or databases, and by using the Site and/or our services you agree to assume all risk in connection with your data.  We are not responsible for any loss of such data or the consequences thereof.

Breach Notification

In the event that we believe the security of your data in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, telephone call or other reasonable means.

HIPAA

Our Site and services may collect, disclose, use, and store Personal Health Information (“PHI”) that you submit to your healthcare provider or that your healthcare provider submits to us. Our collection, disclosure, use, and storage of PHI, is governed by HIPAA.

Use and Disclosure of Your Protected Health Information

In registering for our services, you may voluntarily provide us with PHI. We will only use and disclose your PHI to provide services to you. The exceptions are that we may use and disclose your PHI (i) for our internal management and administration; (ii) to carry out our legal obligations; and (iii) to perform data aggregation services for your healthcare provider and/or to enhance our services; provided that, any disclosures for our internal management and administration or to carry out our legal obligations are either required by law or made after we obtain reasonable assurances from the party to whom the PHI is disclosed that such PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to such party.  

How to Access, Change, or Remove Your PHI 

Subject to certain exceptions, HIPAA establishes rights with respect to your PHI. These rights generally include the right to restrict the uses and disclosures of your PHI, the right to access and receive a copy of your PHI, the right to amend your PHI, and the right to receive an accounting of the disclosures of your PHI. If you wish to exercise any of these rights, please contact our Data Protection Officer at dpo at vistacaballo dot com.

Please note that if you have used our Site and services to share personal information with another user or third-party, you may not be entitled to access, update, or delete the information that you shared.

PROTECTION FOR CHILDREN AND MINORS
This Site is not intended for users under the age of 18, and we have no intention of collecting Personal Information from children (i.e., individuals under the age of 18). Where appropriate, we take reasonable measures to inform children not to submit such information to our site or in response to advertisements. If a child has provided us with personally identifiable information, we will use all reasonable efforts to delete such information from our database.

INTERNATIONAL USERS

We are a United States based company, headquartered in the state of Colorado. Our Site and services are hosted and administrated in the United States or hosted with service providers who are headquartered in the United States. Your data may be processed, transferred to, and maintained on, servers and databases located within the U.S. and/or elsewhere where the privacy laws may not be as protective as your jurisdiction.  We reserve the right to transfer your data to and from any state, province, country or other governmental jurisdiction. Your consent to this privacy policy followed by your submission or our collection of such data represents your agreement to any such transfer.

RIGHTS OF CALIFORNIA RESIDENTS

Right to Prevent Disclosure of Personal Information

Pursuant to California Consumer Privacy Act of 2018, California customers may have the right to request and receive a list of personal information and additional details we collect, the intended business use for collecting such data, as well as request that specific personal information be deleted. In addition, such customers may prevent our disclosure of their personal information to third parties for those third parties’ direct marketing purposes and requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to opt-out of our sharing of your data with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights or rights regarding your personal information, please contact our Data Protection Officer at dpo at vistacaballo dot com with the subject line “CA Privacy Rights”.

Complaints

Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814. As a resident of California, you may request that we not share your information with certain affiliates or third party providers for marketing purposes, and/or you may inquire as to how we have shared your information with third parties providers for marketing purposes. In connection with such request, we will identify the types of information shared and provide you with the names and addresses of the third parties with whom the information was shared. In this regard, please contact our Data Protection Officer at dpo at vistacaballo dot com with the subject line “CA Privacy Rights”.

FOR RESIDENTS OF THE EUROPEAN UNION ONLY

Under General Data Protection Regulation (“GDPR”), EU residents have specific rights in certain circumstances. This section details your rights pursuant to the GDPR.

Data Controller 

For the purposes of the GDPR, the Data Controller is Vista Caballo LLC, registered in the state of Colorado, USA with a registered agent address at Newbold Chapman & Geyer PC, 150 E. 9th St., Ste. 400, Durango, CO 81301, USA.

You can contact our Data Protection Officer by sending an email to dpo at vistacaballo dot com or by writing to the below address with the subject line “EU Privacy Rights”:

Vista Caballo LLC

Attn.: Data Protection Officer – EU Privacy Rights

P.O. Box 797

Dove Creek, CO 81324 USA

Your Rights Regarding Your Personal Information 

At any time, you have the below rights to your personal information. You may exercise these rights by logging in to your account or by emailing our Data Protection Officer at dpo at vistacaballo dot com with the subject line “EU Privacy Rights”. We may ask for further information to identify you and ensure the personal data relates to the individual making the request. We will respond within one month of receiving the information we require to carry out your request.

  • Request access to your personal information
  • Request modification of your personal information
  • Request erasure of your personal information if we do not have a legitimate right to hold it;
  • Object to processing of your personal information on the basis of our legitimate interest, explaining your justification
  • Request restriction of processing your personal information in certain circumstances;
  • Request transfer of your personal information; and withdraw your consent
  • File a complaint. You have the right to file a complaint about our data collection and processing actions to your data protection authority. Contact details for data protection authorities are available at https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

Our Legal Basis and Legitimate Interest

We only collect and process personal information where we have a legal basis for such collection and processing. These legal bases are as follows:

  • Our legitimate interests in providing a smooth and efficient customer experience
  • Our legitimate interests in preventing fraud and keeping our Site and services safe and secure
  • Our third-party service providers’ legitimate interests
  • Your explicit consent to the processing of your personal information
  • The performance of a contract to which you are a party
  • To comply with a legal obligation such as a law, regulation, search warrant, subpoena, or court order.

POLICY MODIFICATIONS
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use Personal Information in a way that differs from this policy, we will post such changes here. Your continued use of the Site and services following the posting of any changes to this policy means you accept such changes. Please check this page periodically for changes to this Privacy Policy.

COMMUNICATIONS WITH COMPANY
Consent

By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not sell or give your email address to another party to promote their products or services directly to you. We give you the option to unsubscribe from these communications from us. All unsubscribe or opt-out requests should be sent to us at subscriptions at vistacaballo dot com.

No Confidentiality

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

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Revised May 14, 2020

COOKIE POLICY

We believe in being clear and open about how we use your information. To that end, this Cookie Policy provides information about cookies and how and when we use them.

What is a Cookie?

A cookie is a small file that is placed onto your device and that is managed by your browser. The purpose of a cookie is to tell the web server that you have arrived for the first time or returned to a particular page and enable our Site and/or Services to function.

How We Use Cookies

We and/or our third-party service providers may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this information by using cookies, server logs and other similar technologies. We may also receive Technical Information about you if you visit other websites employing our cookies. Our Site may pass a “cookie” to be resident on your system’s hard drive and/or in your computer’s memory blocks. We also anonymize and aggregate the technical information in order to analyze vertical channel partner-initiated marketing and advertising initiatives.

When We Use Cookies

We use cookies on our Site. Any browser loading the Site will receive cookies from us. We may also place cookies in your browser when you visit other sites that host our plugins. However, unless you register as a user on our site, cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. Casual visitors to the site will only receive temporary session cookies containing no personally identifiable information.

The Types of Cookies We Use

In general, we use two types of cookies: persistent and session. A persistent cookie helps us recognize you as a registered user. After you sign in, a persistent cookie stays in your browser and will be read by our site when you return to the site on the same device. Session cookies only last for as long as the session (usually the current visit to a site or a browser session). Specifically, we use the following categories of cookies:

    • Strictly Necessary Cookies

These cookies are required for site functionality for registered users and records generic details such as your browser session.

    • Performance Cookies

We use services from Google Analytics to record page views, navigation paths and other generic details of your visit so that we may improve the way our website operates. You can opt-out of being tracked by Google Analytics across the web by installing the browser plugin available from: https://tools.google.com/dlpage/gaoptout

    • Functionality Cookies

These are cookies that record minor details of your interaction with our Site such as your location, preferences, and profile and whether you have reached our website from one of our channel partner-initiated marketing and advertising initiatives. While not strictly necessary for the proper function of the website, these cookies assist in tailoring the user experience to your requirements.

    • Third-Party Social Media Cookies

We have also integrated Social Media tools for services such as Twitter, YouTube, Google+, Facebook, LinkedIn, and Instagram into our Site to allow our users to share stories and pages of the website with their friends. Each of these third-party services utilizes cookies to provide data and services to their network of channel partners and to record whether you are logged into their service and the interactions that you undertake while browsing our Site.

How Cookies Are Used for Advertising Purposes

Cookies combined with ad technology such as web beacons, pixels, and anonymous ad network tags help us collect aggregated auditing, research, and reporting for advertisers. Pixels, which are invisible tags placed on our websites, help us understand and improve our service and know when advertised content has been shown to you.

How You Can Manage Cookies

You may set your browser to decline cookies. If you do so, however, you may not be able to fully experience some interactive features of the Site. It may also stop you from saving customized settings such as login information. Please note that companies delivering advertisements on our sites may also use cookies or other technologies, and those practices are subject to their own policies.

You can opt-out of Google Analytics for Display Advertising and customize Google’s Display Network ads using Google’s Ad Settings. You can opt-out of Google Analytics by using Google Analytics Opt-out Browser Add-on.

You can opt out of being targeted by certain third party advertising companies online by visiting the Network Advertising Initiative, Adobe, and/or Digital Advertising Alliance.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit allaboutcookies.org, or aboutcookies.org.

Most browsers automatically offer a Do Not Track (DNT) signal to websites and online services that you visit. How this affects your other choices in tailoring information you wish to receive from sites in not standardized and there is no consensus among industry participants as to what DNT means in this context. As a result, like many websites and online services, we do not alter our practices when the Site receives a DNT signal from a visitor’s browser. To find out more about DNT, please visit https://allaboutdnt.com/.

EU Cookie Law

The 2012 EU e-Privacy Directive requires all websites that provide services to users from within the European Union to receive informed consent from their visitors of the use of cookies upon reaching the website. This has been implemented on our Site by way of a discreet pop-up message. Further information on the EU cookie law can be found on the Information Commissioner’s Office website: https://ico.org.uk/

Your Use of the Site

Unless you opt-out of cookie tracking as described above, by continuing to use our Site and/or services, you are agreeing to the use of cookies and similar technologies for the purpose we describe in this policy.

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Revised: July 3, 2018