PAYMENT FOR CLASSES – REFUND/WITHDRAWAL POLICY

The company will enforce its payment policies to their fullest extent in the State Court System, and may engage a third party to collect amounts owed if necessary.

INSTRUCTOR CANCELLATION POLICY

In the event that an instructor cancels a class due to a change in availability, and the student is not available for the date on which the class is rescheduled, The Growing Studio, Inc. will issue a credit to the student for the cost of the single class. The student must let The Growing Studio Inc know within 24 hours of notification of the new date whether or not he or she will attend class on the new date in order to receive credit.

CONDITIONS OF USE 


TRADEMARKS

The Growing Studio, TGS, The Grove NYC, and other marks indicated on our site are trademarks owned exclusively by The Growing Studio, Inc. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any class, product, or event that is not organized by The Growing Studio, Inc., in any manner that seeks to disparage or discredit The Growing Studio, Inc. or in any manner that may cause confusion among our students and clients.

COPYRIGHT

All content on this website is the exclusive property of The Growing Studio, Inc. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will vigorously defend our rights to this material.

LICENSE AND SITE ACCESS

This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of The Growing Studio, Inc. You are prohibited from using meta tags or any other hidden text utilizing The Growing Studio, Inc.'s name or trademarks without the express written consent of The Growing Studio, Inc.

INDEMNIFICATION

The undersigned agrees to indemnify and hold harmless the Company, its managers, officers, employees and agents and their respective assigns from, against, and in respect of, the full amount of any and all liabilities, damages, claims, fines, assessments, loses, penalties, interest, costs and expenses, including without limitation, attorney fees and expenses arising from or in connection with the conditions agreed upon in this document.

LIABILITY RELEASE

The Growing Studio, Inc., as well as its employees, officers and managers, is released and forever discharged of and from any and all claims, liabilities, rights, obligations, damages, injuries, expenses, losses or causes of actions of any nature whatsoever, whether related or unrelated to the classes or events at The Growing Studio, Inc, which ever existed, now exist or may hereafter exist.

PHOTO/VIDEO RELEASE

The Growing Studio Inc. assumes permission to license all images and audio/video recordings and to use the media described for any purpose which may include, among others, advertising, promotion, marketing, and packing for any product or service. The Growing Studio, Inc. has all rights to images and audio/video recordings for perpetuity, and is not liable for further claims for any reason.

REPRESENTATION AND WARRANTIES

You must be at least eighteen (18) years of age and have the capacity to execute and deliver the terms and conditions listed in this document in order to continue with your enrollment. By submitting a deposit on this website and enrolling in a class, seminar, or event at The Growing Studio, Inc., you acknowledge and understand that there are known and unknown risks to participating in classes at The Growing Studio, Inc., including risks relating to performing and performances and personal criticism and critiques. In submitting a deposit, you acknowledge your physical and mental health and capability of participating in a performing arts educational program.

APPLICABLE LAW 


By visiting www.thegrowingstudio.com, you agree that the laws of the state of New York, without regard to principles or conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and The Growing Studio, Inc.

CHANGES IN POLICY


The Growing Studio, Inc. reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.

PRIVACY 

TYPES OF DATA COLLECTED

Among the types of Personal Data that geotus.org collects, by itself or through third parties, there are: Cookies; Usage Data; first name; last name; email address; various types of Data. 

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using geotus.org.

Unless specified otherwise, all Data requested by geotus.org is mandatory and failure to provide this Data may make it impossible for geotus.org to provide its services. In cases where geotus.org specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by geotus.org or by the owners of third-party services used by geotus.org serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through geotus.org and confirm that they have the third party's consent to provide the Data to the Owner.

MODE AND PLACE OF PROCESSING THE DATA 

METHODS OF PROCESSING

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of geotus.org (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

LEGAL BASIS OF PROCESSING

The Owner may process Personal Data relating to Users if one of the following applies:

• Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;

• provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;

• processing is necessary for compliance with a legal obligation to which the Owner is subject;

• processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;

• processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner 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. 

PLACE

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

RETENTION TIME

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

• Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.

• Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Interaction with external social networks and platforms, Commercial affiliation, Analytics, Handling payments, Backup saving and management, Contacting the User, Data transfer outside the EU, Advertising, Displaying content from external platforms, Managing contacts and sending messages, Managing landing and invitation pages, Interaction with data collection platforms and other third parties and Platform services and hosting. 

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

DETAILED INFORMATION ON THE PROCESSING OF PERSONAL DATA

Personal Data is collected for the following purposes and using the following services:

• Access to third-party accounts

  • Dropbox account access, Google Drive account access and Stripe account access
    Personal Data: various types of Data as specified in the privacy policy of the service

• Contacting the User

  • Contact form
    Personal Data: address; city; country; date of birth; email address; first name; last name; phone number; website

  • Direct Email Marketing (DEM): geotus.org uses the User Data to propose services and products provided by third parties or unrelated to the product or service provided by geotus.org.

  • Personal Data collected: email address; first name; last name. 

• Device permissions for Personal Data access

  • Device permissions for Personal Data access
    Personal Data: Call permission

• Handling payments

  • Authorize.Net / Dharma / Stripe
    Personal Data: various types of Data as specified in the privacy policy of the service

• Hosting and backend infrastructure

  • Google Cloud Storage
    Personal Data: various types of Data as specified in the privacy policy of the service

• Interaction with data collection platforms and other third parties

  • Mailchimp
    Personal Data: email address; first name; last name

• Interaction with external social networks and platforms

  • Facebook Like button and social widgets and Twitter Tweet button and social widgets
    Personal Data: Cookies; Usage Data

• Registration and authentication

  • Direct registration
    Personal Data: address; city; email address; first name; last name; state

• Advertising

  • This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on geotus.org, possibly based on User interests.

  • This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.

Some of the aforementioned services may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside geotus.org. For more information, please check the privacy policies of the relevant services.

In addition to any opt-out offered by any of the services below, the User may opt out of a third-party service's use of cookies for certain advertising features by visiting the Network Advertising Initiative opt-out page.

Users may also opt-out of certain advertising features through applicable device settings, such as the device advertising settings for mobile phones or ads settings in general.

DATA TRANSFER OUTSIDE THE EU

The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below.

Users can inquire with the Owner to learn which legal basis applies to which specific service.

DATA TRANSFER ABROAD BASED ON STANDARD CONTRACTUAL CLAUSES

If this is the legal basis, the transfer of Personal Data from the EU to third countries is carried out by the Owner according to “standard contractual clauses” provided by the European Commission.

This means that Data recipients have committed to process Personal Data in compliance with the data protection standards set forth by EU data protection legislation. For further information, Users are requested to contact the Owner through the contact details provided in the present document.

Personal Data collected: various types of Data. 

DISPLAYING CONTENT FROM EXTERNAL PLATFORMS

This type of service allows you to view content hosted on external platforms directly from the pages of geotus.org and interact with them. This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

Instagram widget (Instagram, Inc.)

Instagram is an image visualization service provided by Instagram, Inc. that allows geotus.org to incorporate content of this kind on its pages.
Personal Data collected: Cookies; Usage Data. 
Place of processing: United States – Privacy Policy. 

YouTube video widget (Google LLC)

YouTube is a video content visualization service provided by Google LLC that allows geotus.org to incorporate content of this kind on its pages.
Personal Data collected: Cookies; Usage Data. 
Place of processing: United States – Privacy Policy. Privacy Shield participant. 

Vimeo video (Vimeo, LLC)

Vimeo is a video content visualization service provided by Vimeo, LLC that allows geotus.org to incorporate content of this kind on its pages.
Personal Data collected: Cookies; Usage Data. 
Place of processing: United States – Privacy Policy. Privacy Shield participant. 

HANDLING PAYMENTS

Payment processing services enable geotus.org to process payments by credit card, bank transfer or other means. To ensure greater security, geotus.org shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.

Stripe (Stripe Inc)

Stripe is a payment service provided by Stripe Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service. 

Place of processing: United States – Privacy Policy. Privacy Shield participant. 

INTERACTION WITH DATA COLLECTION PLATFORMS AND OTHER THIRD PARTIES

This type of service allows Users to interact with data collection platforms or other services directly from the pages of geotus.org for the purpose of saving and reusing data.

If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service.

INTERACTION WITH EXTERNAL SOCIAL NETWORKS AND PLATFORMS

This type of service allows interaction with social networks or other external platforms directly from the pages of geotus.org.

The interaction and information obtained through geotus.org are always subject to the User’s privacy settings for each social network.

This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.

It is recommended to log out from the respective services in order to make sure that the processed data on geotus.org isn’t being connected back to the User’s profile.

Facebook Like button and social widgets (Facebook, Inc.)

The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook, Inc.
Personal Data collected: Cookies; Usage Data. 
Place of processing: United States – Privacy Policy. Privacy Shield participant. 

Twitter Tweet button and social widgets (Twitter, Inc.)

The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.
Personal Data collected: Cookies; Usage Data. 
Place of processing: United States – Privacy Policy. Privacy Shield participant. 

MANAGING CONTACTS AND SENDING MESSAGES

This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.

These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.

Mailchimp (The Rocket Science Group LLC)

Mailchimp is an email address management and message sending service provided by The Rocket Science Group LLC.
Personal Data collected: email address; first name; last name; various types of Data. 
Place of processing: United States – Privacy Policy. Privacy Shield participant. 

MANAGING LANDING AND INVITATION PAGES

This type of service helps with building and managing landing and invitation pages, i.e., pages for presenting a product or service, where you may add your contact information such as an email address.

Managing these pages means that these services will handle the Personal Data collected through the pages, including Usage Data.

Mailchimp Landing Page (The Rocket Science Group LLC)

Mailchimp Landing Page is a landing page management service provided by The Rocket Science Group LLC, that allows geotus.org to collect the email addresses of Users interested in its service.
Mailchimp Landing Page allows the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of the created landing pages.
Personal Data collected: email address; first name; last name; Usage Data. 
Place of processing: United States – Privacy Policy. Privacy Shield participant. 

PLATFORM SERVICES AND HOSTING

These services have the purpose of hosting and running key components of geotus.org, therefore allowing the provision of geotus.org from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Squarespace (Squarespace, Inc)

Squarespace is a platform provided by Squarespace, Inc. that allows the Owner to build, run and host geotus.org. Squarespace is highly customizable and can host websites from simple blogs to complex e-commerce platforms.
Personal Data collected: various types of Data as specified in the privacy policy of the service. 
Place of processing: United States – Privacy Policy. Privacy Shield participant. 

FURTHER INFORMATION ABOUT PERSONAL DATA

PERSONAL DATA COLLECTED THROUGH SOURCES OTHER THAN THE USER

The Owner of geotus.org may have legitimately collected Personal Data relating to Users without their knowledge by reusing or sourcing them from third parties on the grounds mentioned in the section specifying the legal basis of processing.

Where the Owner has collected Personal Data in such a manner, Users may find specific information regarding the source within the relevant sections of this document or by contacting the Owner.

SELLING GOODS AND SERVICES ONLINE

The Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery.

The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by geotus.org depends on the payment system used.

THE SERVICE IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13

Users declare themselves to be adult according to their applicable legislation. Minors may use geotus.org only with the assistance of a parent or guardian. Under no circumstance persons under the age of 13 may use geotus.org.

THE RIGHTS OF USERS

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

• Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

• Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

• Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it. 

• Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.

• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.

• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

DETAILS ABOUT THE RIGHT TO OBJECT TO PROCESSING

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document. 

HOW TO EXERCISE THESE RIGHTS

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

COOKIE POLICY

Geotus.org uses cookies. To learn more and for a detailed cookie notice, the User may consult the cookie policy. 

ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING

LEGAL ACTION

The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of geotus.org or the related Services.

The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities. 

ADDITIONAL INFORMATION ABOUT USER'S PERSONAL DATA

In addition to the information contained in this privacy policy, geotus.org may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request. 

SYSTEM LOGS AND MAINTENANCE

For operation and maintenance purposes, geotus.org and any third-party services may collect files that record interaction with geotus.org (System logs) use other Personal Data (such as the IP Address) for this purpose. 

INFORMATION NOT CONTAINED IN THIS POLICY

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document. 

HOW “DO NOT TRACK” REQUESTS ARE HANDLED

geotus.org does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies. 

CHANGES TO THIS PRIVACY POLICY

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within geotus.org and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. 

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required. 

DEFINITIONS AND LEGAL REFERENCES 

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through geotus.org (or third-party services employed in geotus.org), which can include: the IP addresses or domain names of the computers utilized by the Users who use geotus.org, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using geotus.org who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of geotus.org. The Data Controller, unless otherwise specified, is the Owner of geotus.org.

geotus.org (or this Application) 

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by geotus.org as described in the relative terms (if available) and on this site/application.

European Union (or EU) 

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area. 

Cookies

Small sets of data stored in the User's device.

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to geotus.org, if not stated otherwise within this document.

Latest update: April 19, 2022