Privacy and Disclosure Policies

Terms of Use

Welcome to Switzy Thoughts, the site owned and managed by Amanda Surowitz at “www.ajswitz.com” (this “Site”). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”).

These terms are effective as of June 12, 2020.

We may update this privacy from time to time. The updated version will be indicated by an updated “revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

Content Management

All contents of this Site are: © 2020 Switzy Thoughts and Amanda Surowitz. All rights reserved. This Site contains proprietary content, including but not limited to text, photographs, images, video and graphics, and the entire selection, coordination and arrangement of this Site and the content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”). Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Amanda Surowitz.

Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without prior written consent. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Site is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Amanda Surowitz’s intellectual property rights.

Affiliations and Compensation for Content

This blog accepts forms of cash advertising, paid insertion, sponsored content, paid guest posts and other forms of compensation. This blog abides by the FTC Guidelines for online influencers. The compensation received from marketers may influence the content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content in accordance with the FTC Guidelines.

This blog will accept compensation (on a case-by-case basis) to provide opinions on products, services, websites and various other topics. I will always give my honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely my own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

Affiliate Links

This blog is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to products available on Amazon.com.

This blog does not contain any content which might present a conflict of interest. As an Amazon Associate I earn from qualifying purchases.

Integrity is important to me. I will not link to products arbitrarily just to make a profit. I strive to only link to products that I truly consider worthwhile investments.

External Links

I may provide links to web sites and access to content, products and services of third parties, including without limitation, affiliates and strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other sites posted on Linked Sites before you use them. Some of those links contain trackable cookies, which means that website owners will know that their website has shown up in your website browser more than once. And they may know that you visited this website before you visited theirs. Amanda Surowitz does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Amanda Surowitz or vice versa (unless explicitly stated otherwise); (b) third party content accessible through such Linked Sites; ( c ) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence of business dealings with third parties found on or through this Site.

Data Protection

At ajswitz.com (“website,” “we,” “us,” or “our”), we are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us via the contact page at www.ajswitz.com/contact.

This section of the Policy seeks to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our sites and our services.

This privacy policy applies to all information collected through our website, and/or any related services, sales, marketing or events (referred to collectively as “services”).

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Contact forms

We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our services, when receiving one of the services we provide, or otherwise contacting us.

The personal information we collect depends on the context of your interactions with us and the services, the choices you make, and the products and features you use. We may collect information like your:

  • Name
  • Email address
  • Details relating to your interest and/or purchase of services
  • Billing address
  • Phone number

We process your information for purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

  • To respond to user inquiries/offer support to users
  • To deliver services to the user
  • To request feedback

Cookies

This website is hosted by WordPress, which collects 

personal data when you visit, use or navigate this website. This information may include:

  • Information about your browser, network and device
  • Web pages you visited prior to coming to this website
  • Your IP address

WordPress needs the data to run this website, and to protect and improve its platform and services. If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

This site uses Google Analytics to measure our web traffic. Google Analytics collects information to provide better services to users. For detailed information on what information is gathered and how it is used, view Google Analytics Terms of Service.

When you’re not signed in to a Google Account, Google stores the information they collect with unique identifiers tied to the browser, application, or device you’re using. This helps them do things like maintain your language preferences across browsing sessions. When you are signed in to a Google Account, they also collect information they store with your Google Account, which is treated as personal information.

For more information on how Google uses information gathered from your use of this site, visit Google’s policy page.

Who we share your data with

We may process or share data based on the following legal basis:

  • If you have given us specific consent to use your personal information in a specific purpose.
  • WHen it is reasonably necessary to achieve our legitimate business interests.
  • Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

No sale of personal data

Switzy Thoughts does not sell personal data.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

For all other data we collect, we will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirement). With specific consent, we may retain the following information for the purposes outlined below:

  • If you have given us specific consent to use your name and feedback as a testimonial on our website, or publish your feedback under anonymity
  • If you have given us consent to include your name and/or brand or company name in a list of verified clients who have received our services

When we no longer have ongoing legitimate business needs to process your personal information, we will either delete it or redact any identifying information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Children’s Online Privacy Protection Act

Our Website is not intended for children. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children. We recommend children do not use or provide any information on this Website or on or through any of its features, make any payments 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 username you may use. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child, please contact us at amanda(at)ajswitz(dot)com.

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly, online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at www.ftc.gov.

California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by emailing amanda(at)ajswitz(dot)com.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

How we protect your data

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our services is at your own risk. You should only access the services within a secure environment.

What data breach procedures we have in place

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when we believe you are likely to be at risk. In the event that we become aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information, we will promptly investigate the matter and notify the applicable authorities no later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

Limitations of Liability

Switzy Thoughts will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]

For any indirect, special or consequential loss; or

For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss of corruption of information or data.

In no event shall Switzy Thoughts be liable for any indirect, incidental, special, punitive, exemplary, increased or consequential damages, loss of profits, data, goodwill or use, incurred by you or any third party, whether in an action in contract or tort (including negligence and strict liability), arising from your access to or inability to access, or use of, this site, even if Switzy Thoughts has been advised of the possibility of such damages.

Without limiting the generality of the foregoing, under no circumstances shall Switzy Thoughts or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, Switzy Thoughts sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.

In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments users of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards, if someone claims you are a criminal, you have to sue them, not us.

Comment Moderation

The Site owner, Amanda Surowitz, acknowledges the following in regard to user-submitted comments:

  • All comments submitted are the views of their author
  • Approval of a comment (allowing it to remain publicly visible) does not imply agreement with or support of its content and/or any content linked to from it

To ensure the free and open exchange of relevant ideas and opinions without abuse, the following policies are in practice by the Site owner:

  • Site owner reserves the right to edit, delete, move or mark as spam any and all comments, pingbacks, trackbacks or other communications for any reason.
  • Site owner reserves the right to block any individual or group from commenting for any reason following a written warning.
  • Site owner reserves the right to provide or not provide reasons for editing, deleting, moving, blocking or otherwise moderating user-provided comments.

Forms of abusive and/or otherwise inappropriate content may include, but are not limited to:

  • Comments that include any type of hate speech, racism, threats, personal attacks, or other forms of intentional malice
  • Comments irrelevant to the posts of subsequent discussion
  • Comments containing strong profanity in greater quantity than otherwise appropriate content
  • Links to other websites that are irrelevant to the post, overly promotional of a person, product, service, etc., or may be perceived as spam

Unenforceable Provisions

In any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Acknowledgement

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

If you have any questions or concerns regarding this Privacy Policy, please contact Amanda Surowitz at amanda(at)ajswitz(dot)com.