Privacy Policy & Terms of Service

Privacy Policy

Joan Kosmachuk (“Joan Kosmachuk,” “I,” “me,” or “my”) respects your privacy and is committed to protecting the personal information you provide when you visit JoanKosmachuk.com, contact me, purchase services, subscribe to my newsletter, or participate in my in-person or virtual seasonal color analysis consulting, teaching, and mentoring services.

This Privacy Policy explains what information I collect, how I use it, how I protect it, and your choices regarding your information.

I am based in California, United States, and provide services to clients both within the United States and internationally.

1. Information I Collect

I collect only information that is reasonably necessary to operate my business and provide my services.

Depending on how you interact with me, this may include:

• Your name and contact information, such as email address, telephone number, and mailing or billing information.

• Information you provide when you contact me or inquire about my services.

• Information such as photos or other personal data necessary to schedule and provide a consulting, teaching, or mentoring session.

• Information associated with purchases or transactions made through my website or payment providers.

• Information you voluntarily provide during a consultation or mentoring session that is relevant to providing my services.

• Your email address and subscription preferences if you voluntarily subscribe to my newsletter.

• Information automatically collected when you visit my website, such as IP address, browser type, device information, approximate location, pages visited, and information concerning your interaction with the website, depending on the website features, cookies, and analytics tools enabled on JoanKosmachuk.com.

I do not intentionally collect or request student application files, academic transcripts, passports, financial aid documents, immigration documents, or similar student application materials as part of my ordinary services.

Please do not send sensitive personal information through my website or by email unless it is specifically requested and necessary for the service you have purchased.

2. How I Use Personal Information

I may use personal information to:

• Respond to inquiries and communicate with you.

• Schedule, provide, and administer consulting, teaching, and mentoring services.

• Process purchases and payments.

• Send service-related communications.

• Maintain business and transaction records.

• Send my email newsletter to people who have voluntarily subscribed.

• Respond to requests concerning privacy or personal information.

• Improve my website, services, and customer experience.

• Protect my business, website, clients, and others against fraud, misuse, security threats, or unlawful activity.

• Comply with applicable legal, tax, accounting, and regulatory obligations.

• Establish, exercise, or defend legal claims when necessary.

I do not sell your personal information.

I do not use your personal information for purposes unrelated to the purposes described in this Privacy Policy unless permitted or required by applicable law or you have otherwise been informed.

3. Newsletter and Marketing Communications

If you voluntarily subscribe to my email newsletter, I may use your email address to send newsletters, announcements, educational content, and information about my services.

You may unsubscribe at any time by using the unsubscribe link included in my marketing emails or by contacting me at:

info@joankosmachuk.com

Unsubscribing from marketing communications does not necessarily stop essential communications relating to a purchase, appointment, transaction, or existing client relationship.

4. Payments

Payments for my services may be processed through PayPal or the Squarespace Commerce features associated with JoanKosmachuk.com.

When you make a purchase, payment information may be collected and processed directly by the applicable payment provider. I generally do not receive or store your complete payment-card number.

Those providers may collect, use, and process information according to their own privacy policies and terms. You should review their respective policies for information about how they handle payment and account information.

5. Squarespace and Website Technologies

JoanKosmachuk.com is hosted and operated using Squarespace.

Squarespace and other website technologies may use cookies, analytics, pixels, or similar technologies to operate the website, remember preferences, maintain security, understand website usage, and improve website functionality.

The specific cookies and technologies used may change as Squarespace features or my website configuration change.

Where required by applicable law, I will provide appropriate notice and obtain consent before using non-essential cookies or similar technologies.

If you are visiting from the European Union, United Kingdom, or another jurisdiction with applicable cookie-consent requirements, your browser may be presented with a cookie consent mechanism where appropriate.

Squarespace provides website tools that can support cookie consent and privacy practices for EU and UK visitors, including customizable cookie banners.

6. Information Shared With Service Providers

I may share personal information with service providers that help me operate my business and provide services to you.

Depending on the service involved, these may include:

• Squarespace, for website hosting, website functionality, commerce, and related services.

• PayPal, for payment processing.

• Email and newsletter service providers used to deliver communications to subscribers.

• Technology, scheduling, communication, cloud-storage, security, accounting, or professional service providers that assist me in operating my business.

These providers may process personal information on my behalf or independently as described in their own privacy policies.

I do not authorize service providers to use your personal information for purposes unrelated to providing their services to me, except where their own legal obligations or terms apply.

I may also disclose information when reasonably necessary to comply with law, legal process, court orders, governmental requests, protect rights or property, investigate fraud or security issues, or protect the safety of individuals.

7. International Clients and International Data Transfers

Because I am based in the United States and work with clients internationally, your personal information may be transferred to, stored in, or processed in the United States or other countries where I or my service providers operate.

Privacy and data-protection laws in those countries may differ from the laws in your country of residence.

Where applicable law requires specific safeguards for international transfers of personal information, I will seek to use legally recognized transfer mechanisms or other appropriate safeguards.

8. Lawful Bases for Processing

Where the GDPR, UK GDPR, or another similar privacy law applies to my processing of your personal information, I may rely on one or more of the following lawful bases, depending on the circumstances:

• Performance of a contract: when processing is necessary to provide services you have requested or purchased.

• Legitimate interests: when processing is reasonably necessary to operate, administer, secure, and improve my business, provided those interests are not overridden by your rights and interests.

• Consent: when I ask for your consent, such as for certain marketing communications or non-essential cookies where consent is legally required.

• Legal obligation: when processing is necessary to comply with applicable law.

• Other lawful bases: where permitted by applicable privacy law.

Where I rely on consent, you may withdraw that consent at any time, although withdrawal does not affect processing that occurred before withdrawal.

9. How Long I Keep Information

I retain personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy, including providing services, maintaining business and financial records, resolving disputes, enforcing agreements, and complying with legal, tax, accounting, or other obligations.

Different categories of information may therefore be retained for different periods.

When information is no longer reasonably necessary, I will take reasonable steps to delete it, securely dispose of it, or anonymize it, subject to legal or legitimate business requirements.

10. Data Security

I take reasonable administrative, technical, and organizational measures designed to protect personal information against unauthorized access, disclosure, alteration, misuse, or destruction.

However, no method of transmitting or storing information electronically is completely secure. I therefore cannot guarantee absolute security.

11. Your Privacy Rights

Depending on where you live and which privacy laws apply to you, you may have rights concerning your personal information.

These may include the right to:

• Request access to personal information I hold about you.

• Request correction of inaccurate information.

• Request deletion of your personal information.

• Request restriction of certain processing.

• Object to certain processing.

• Request portability of certain information.

• Withdraw consent where processing is based on consent.

• Opt out of marketing communications.

• Lodge a complaint with an applicable data-protection authority.

Some of these rights are subject to exceptions or limitations under applicable law.

To exercise a privacy right, please contact:

info@joankosmachuk.com

Please provide enough information for me to understand and respond to your request. I may need to verify your identity before completing certain requests in order to protect your information.

If you are located in the European Union, United Kingdom, or another jurisdiction that provides additional privacy rights, you may also have the right to complain to your local data-protection supervisory authority.

12. California Privacy Rights

I am based in California and seek to comply with applicable California privacy requirements.

California privacy rights apply to businesses that meet the applicable statutory requirements and thresholds; not every California business is subject to every provision of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA).

To the extent applicable to my business and your information, California residents may have rights concerning access, correction, deletion, and certain disclosures or uses of personal information.

I do not sell personal information.

If you are a California resident and would like to make a privacy request, contact me at:

info@joankosmachuk.com

13. Children and Minors

My services are not intended to be provided independently to children under 18.

I may provide services to a person under 18 only when the minor is accompanied by and participating with a parent or legal guardian.

If I learn that I have inadvertently collected personal information from a child in circumstances where collection is not permitted by applicable law, I will take reasonable steps to delete the information.

Parents or legal guardians may contact me at info@joankosmachuk.com regarding information relating to a minor.

14. Third-Party Websites

JoanKosmachuk.com may contain links to websites or services operated by third parties.

I am not responsible for the privacy practices, content, security, or policies of third-party websites. You should review the privacy policies of those websites before providing personal information.

15. Changes to This Privacy Policy

I may update this Privacy Policy from time to time to reflect changes in my services, technology, legal requirements, or privacy practices.

When I make changes, I will update the Effective Date at the top of this page. I encourage you to review this Privacy Policy periodically.

16. Contact

If you have questions about this Privacy Policy, your personal information, or your privacy rights, please contact:

Joan Kosmachuk
Email: info@joankosmachuk.com
Website: JoanKosmachuk.com
Location: California, United States

Terms of Service

Welcome to JoanKosmachuk.com. These Terms of Service (“Terms”) govern your use of JoanKosmachuk.com and your purchase or participation in my in-person or virtual seasonal color analysis consulting, teaching, and mentoring services.

By accessing my website, purchasing a service, scheduling a session, or participating in my services, you agree to these Terms.

If you do not agree with these Terms, please do not use the website or purchase my services.

1. About My Services

Joan Kosmachuk provides in-person and virtual consulting, teaching, and mentoring related to seasonal color analysis.

Services may include individual consultations, education, instruction, mentoring, recommendations, and related materials or experiences as described on the website or at the time of purchase.

The exact nature, duration, format, and price of a service will be described at the time you book or purchase it.

2. Professional Guidance and No Guarantee of Results

My services are educational and consultative in nature.

Seasonal color analysis involves professional judgment, interpretation, individual preferences, lighting conditions, physical characteristics, clothing, cosmetics, personal style, and other factors. Different professionals or individuals may reasonably reach different conclusions.

My recommendations are intended to provide guidance and education. You remain responsible for your own decisions concerning clothing, colors, cosmetics, purchases, personal style, appearance, and other choices.

I do not guarantee any particular result from participating in my services.

Testimonials, examples, photographs, educational materials, or descriptions of potential benefits should not be interpreted as a promise or guarantee of a particular outcome.

3. Appointments and Client Responsibilities

You are responsible for providing accurate information necessary to schedule and conduct your service.

For virtual appointments, you are responsible for having a suitable internet connection, compatible device, and reasonably appropriate environment for the session.

For in-person appointments, you are responsible for arriving at the agreed location at the scheduled time and following any reasonable instructions provided for the appointment.

You are also responsible for communicating any scheduling issues as soon as reasonably possible.

4. Minors

Clients under 18 may participate only when accompanied by a parent or legal guardian.

By arranging or consenting to a session involving a minor, the parent or legal guardian confirms that they have authority to consent to the minor's participation.

I reserve the right to decline or discontinue a session if the required parent or legal guardian is not present.

5. Prices and Payment

Prices for services are stated on JoanKosmachuk.com or otherwise communicated to you before purchase.

Payment may be processed through PayPal or Squarespace Commerce.

By submitting payment, you authorize the applicable payment provider to process the transaction according to its terms.

6. No Refunds

All purchases are final and non-refundable.

I do not provide refunds for purchased services, including unused, partially used, missed, or discontinued services, except where a refund is required by applicable law.

Emergency Rebooking

If an emergency prevents you from attending a scheduled session, you may request to rebook the session at no additional charge.

Emergency rebooking is subject to reasonable notice and appointment availability.

The purpose of this policy is to accommodate genuine emergencies while maintaining the integrity of my appointment schedule.

A request to rebook does not automatically entitle you to a refund.

If you simply choose not to attend or fail to appear without an emergency, the no-refund policy applies.

7. Rescheduling

If you need to change an appointment for reasons other than an emergency, please contact me as soon as possible.

Any rescheduling is subject to my availability and any scheduling terms communicated at the time of booking.

I may establish reasonable scheduling deadlines or limits for particular services.

8. My Right to Reschedule or Cancel

Although I make reasonable efforts to keep scheduled appointments, circumstances may occasionally require me to reschedule or cancel a session.

If I need to reschedule, I will make reasonable efforts to offer you an alternative appointment.

If I am unable to provide the purchased service and cannot reasonably reschedule it, I will provide an appropriate remedy as required by applicable law.

9. Virtual Services

Virtual sessions depend on internet connectivity, communication platforms, devices, lighting, cameras, and other technology.

I am not responsible for interruptions caused by circumstances outside my reasonable control, including internet outages, platform failures, device problems, power outages, or other technical difficulties.

If a technical problem materially interferes with a session, I will make reasonable efforts to address the problem or reschedule the affected portion of the session.

10. Intellectual Property

Unless otherwise stated, materials provided through my services or website—including written materials, educational content, photographs, graphics, worksheets, guides, presentations, videos, and other original content—belong to Joan Kosmachuk or the applicable rights holder.

Your purchase of a service gives you a limited, personal, non-exclusive right to use materials provided to you for your own personal educational purposes.

You may not reproduce, republish, distribute, sell, license, publicly display, commercially exploit, or create derivative works from my materials without my prior written permission, except where permitted by law.

11. Website Content

I make reasonable efforts to ensure that information on JoanKosmachuk.com is accurate and useful, but I do not warrant that all website content will always be complete, current, or error-free.

Website content may be changed, updated, or removed at any time.

12. Testimonials, Photographs, and Client Content

I will not publicly use your name, photograph, testimonial, or other identifying client content for promotional purposes without appropriate permission or another lawful basis.

If I request permission to use a testimonial, photograph, or other content for marketing purposes, you may decline.

13. Privacy

Your use of JoanKosmachuk.com and my services is also subject to my Privacy Policy, which explains how I collect, use, and protect personal information.

14. Prohibited Uses

You agree not to use JoanKosmachuk.com or my services to:

• Violate applicable laws or regulations.

• Interfere with the operation or security of the website.

• Attempt to obtain unauthorized access to systems or information.

• Copy, reproduce, or commercially exploit my proprietary materials without permission.

• Harass, threaten, abuse, or intimidate me or others.

• Submit malicious code, spam, or other harmful material.

• Misrepresent your identity or authority.

I reserve the right to refuse or discontinue service when reasonably necessary to protect my safety, rights, property, business, or other clients, subject to applicable law.

15. Third-Party Services

My website and business may rely on third-party services, including Squarespace and PayPal.

Those services are operated by independent companies and are subject to their own terms and policies.

I am not responsible for the availability, security, functionality, or policies of third-party services to the extent they are outside my reasonable control.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Joan Kosmachuk will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of JoanKosmachuk.com or participation in my services.

To the fullest extent permitted by applicable law, my total liability arising out of or relating to a particular service will not exceed the amount you actually paid for that service.

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.

17. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Joan Kosmachuk from claims, liabilities, damages, losses, and reasonable expenses arising from your unlawful use of the website, violation of these Terms, or infringement of another person's rights.

This provision does not apply to the extent a claim results from my own conduct for which liability cannot lawfully be shifted to you.

18. Force Majeure

I will not be responsible for delay or failure to perform caused by circumstances beyond my reasonable control, including natural disasters, severe weather, illness, government actions, internet or telecommunications failures, power outages, platform outages, emergencies, or other events that could not reasonably have been prevented or anticipated.

19. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent applicable law in your jurisdiction requires otherwise.

Nothing in these Terms is intended to deprive consumers of mandatory rights or protections provided by the laws that apply to them.

20. International Clients

I welcome clients from outside the United States.

If you purchase or participate in my services from another country, you remain responsible for complying with any laws applicable to your own use of the services.

Nothing in these Terms is intended to exclude mandatory consumer, privacy, or other legal rights that apply to you under the laws of your country or place of residence.

21. Changes to These Terms

I may update these Terms from time to time.

When I make changes, I will update the Effective Date at the top of this page. Your continued use of the website after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified or limited to the minimum extent necessary, and the remaining provisions will continue in effect.

23. Entire Agreement

These Terms, together with the Privacy Policy and any specific terms presented to you when purchasing a service, constitute the agreement between you and Joan Kosmachuk concerning your use of the website and purchase of services, except where a separate written agreement applies.

24. Contact

Questions about these Terms may be directed to:

Joan Kosmachuk
Email: info@joankosmachuk.com
Website: JoanKosmachuk.com
Location: California, United States