Privacy Policy & Terms of Use
Privacy Policy | Terms of Use

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Privacy Policy
 

This Privacy Policy explains how Joseph Burke, LCSW, PLLC, (“Endeavor Counseling”, “We”, “Us”) the owner and operator of this site, may collect, use, share, and safeguard information on www.endeavor-counseling.com, mobile websites, microsites, mobile applications, social media sites and any other digital services and platforms officially operated or used by Endeavor Counseling from time to time (the “Sites” or “Services”).

 

II. Changes to the Privacy Policy

 

As Endeavor Counseling, its products, and services change from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason. The date of the last revision to the Privacy Policy will be indicated by the “Last updated” date at the bottom of this page.

 

III. Information We Collect

 

1. Personally Identifiable Information: We may collect information (whether online, by phone, or by paper) that identifies you (“Personally Identifiable Information”) when you: provide such information on our Sites, apply or register for services, or otherwise interact with Endeavor Counseling and our affiliates, including, but not limited to, requesting an appointment online, or purchasing Endeavor Counseling products or services. The types of Personally Identifiable Information collected may include your name, address, phone number, birth date, billing and delivery information, Email address, credit card, or other financial account information.

 

2. Non-Personal Data: As you interact with our Sites, we may also collect information about your browsing history or certain other information that is not Personally Identifiable Information through your use of and visits to the Sites and our use of a variety of technologies, including, but not limited to, cookies, tags, beacons, Internet Protocol (IP) address, and other tools. “Cookies” are pieces of code/text placed on your computer when you browse our Sites. Cookies may be placed by us or third party advertisers. “Tags” and web beacons refer to code scripts that are primarily used to track visitors’ activities on our Sites by web analytics software. The types of non-personal data collected on our Sites through the use of these, and other tools as Endeavor Counseling may add from time to time, may include: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, etc. Additionally, cookies, tags and other tools placed by third parties may collect other information about you and your visits to Sites and elsewhere on the Internet including, but not limited to, your industry, company size, job function, seniority level, etc.) (collectively, all of the foregoing data the “Non-Personal Data”).

 

3. How We Collect Your Data: You directly provide Endeavor Counseling with most of the data we collect. We collect data and process data when you:

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• Voluntarily complete a customer survey or provide feedback on via apps, text messages, or email.

• Use or view our website via your browser’s cookies.

• Provide us information to schedule you an appointment with an Endeavor Counseling clinician.

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IV. How We Use and Share Personally Identifiable Information

 

1. Data Usage. Once collected, we may use your Personally Identifiable Information in a variety of ways including, but not limited to:

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• Provide service communications such as bill reminders, order confirmations, program registrations, and customer service messages

• Respond to your emails or online requests for products, services, or information

• Deliver and process surveys

• Personalize and improve the usability of the Sites

• Fulfill and/or deliver Endeavor Counseling products and services

• Tailor content, advertising and marketing to you

• Share with third parties as required by law or to protect Endeavor Counseling as described below

• Share your email address as permitted under Endeavor Counseling Email Policy as described below

 

2. Sharing Your Personally Identifiable Information to Fulfill Service Requests and Perform Business Functions. When fulfilling service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests subject to HIPAA regulations when concerning Personal Healthcare Information (PHI). We may also share such information with service providers that perform business functions for us. For example, Endeavor Counseling occasionally hires other companies to provide limited services on our behalf including, but not limited to, packaging, mailing and delivering promotional offers, sweepstakes or contests, answering customer questions about products or services, consulting services, data modeling, printing, sending postal mail and processing event registrations. In such cases, we may share your Personally Identifiable Information. When Endeavor Counseling processes your appointment, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.

 

3. Sharing Your Personally Identifiable Information When Legally Necessary or to Protect Endeavor Counseling’s Interests. We may disclose your Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on Endeavor Counseling; (b) protect and defend the rights or property of Endeavor Counseling; or (c) protect the personal safety of Endeavor Counseling personnel or members of the public in appropriate circumstances. In addition, if Endeavor Counseling and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if Endeavor Counseling undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, information may be transferred as part of that transaction or change.

 

6. Sharing Your Email Address Pursuant to Endeavor Counseling Policy. Your email address will only be used by us and our affiliates. We do not sell or rent e-mail addresses to anyone outside Endeavor Counseling and our affiliates. We will also not share email addresses to unrelated third-parties. We may also share your email address with third parties to enable us to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Finally, we may share email addresses with third parties as necessary to perform certain services on our behalf, such as packaging, mailing and delivering products and processing event registrations and to respond to your service requests.

 

V. How to Manage the Sharing of Your Personally Identifiable Information

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You can manage your profile and email preferences, including opting out of email by contacting us at joe@endeavor-counseling.com. Additionally, if you prefer to receive mailings only from Endeavor Counseling and have your name and address removed from the list we provide to certain companies, please contact us. 

 

Every user is entitled to the following:

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• The right of access – You have the right to request Endeavor Counseling for copies of your personal data. We may charge you a small fee for this service.

• The right to rectification – You have the right to request that Endeavor Counseling correct any information you believe is inaccurate. You also have the right to request Endeavor Counseling to complete information you believe is incomplete.

• The right to erasure – You have the right to request that Endeavor Counseling erase your personal data, under certain conditions.

• The right to restrict processing – You have the right to request that Endeavor Counseling restrict the processing of your personal data, under certain conditions.

• The right to object to processing – You have the right to object to Endeavor Counseling’ processing of your personal data, under certain conditions.

• The right to data portability – You have the right to request that Endeavor Counseling transfer the data that we have collected to another organization, or directly to you, under certain conditions.

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If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: joe@endeavor-counseling.com. 

 

VI. How We May Use and Share Non-Personal Data

 

Through the use of various technological tools, we may collect Non-Personal Data to improve the usability of our Sites/Services and for other business reasons. We may share the Non-Personal Data we collect with third parties or permit third parties to place tools like cookies, tags and web beacons, to collect additional Non-Personal Data when you browse our Sites. We or other third party companies may then use the Non-Personal Data to provide advertisements and targeted advertisements to you (ads based on the Non-Personal Data). We do not share Personally Identifiable Information with third parties with whom we share your Non-Personal Data. Please note that you may be subject to the privacy policies of other non-Endeavor Counseling companies when you select an advertising link or other link that takes you to sites not operated by Endeavor Counseling.

 

1. How You Can Manage the Collection of Non-Personal Data. Third party advertising companies may collect data about your visit to our Sites and others to provide you more relevant advertising here and elsewhere on the Internet. This type of advertising is known as Online Behavioral Advertising. You can stop this collection and use of data for these purposes by companies participating in the Digital Advertising Alliance (“DAA”) by visiting the “Opt Out From Online Behavioral Advertising” website. By opting out, the ads you see may be less relevant, and you may still continue to see other non-targeted advertisements on our Sites and elsewhere.

 

VII. Children

 

We do not knowingly or intentionally collect personal data online from or market online to children under the age of 13. Individuals may request to have data removed by contacting joe@endeavor-counseling.com. 

 

IX. Information Security

 

Endeavor Counseling implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Except for Directory Lists and the sharing of information as set forth in this Privacy Policy, we restrict access to personal information to certain companies who may need to know that information in order to operate, develop, or improve our services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

 

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. If you have questions about this Privacy Policy, please contact us at joe@endeavor-counseling.com.

 

X. Linking to Other Internet Sites

 

You should be aware that other Internet sites that are linked from the Sites or from a Endeavor Counseling email message may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.

 

XI. How You Can Access and Change Information

 

If you are a registered user of the Sites, subscriber to Endeavor Counseling publications, or client of Endeavor Counseling products and services, you may review and update/correct your information by making updates on your portal or by emailing us at joe@endeavor-counseling.com.

 

XIV. Changes to Our Privacy Policy

 

Endeavor Counseling keeps its privacy policy under regular review and places any updates on this website. 

 

Last updated December 23, 2022

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Terms of Use

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PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE

 

General Use.

 

Acceptable Use. 

 

This Site is intended to provide users with general information. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege.

 

Rules of Conduct. 

 

We are the sole interpreter of the Site rules of conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site suspended or terminated at our discretion. We may at any time take any action with regard to user materials that we deem in our sole discretion to be necessary or appropriate.

 

Security Rules. 

 

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding”, “mailbombing” or “crashing”; (4) sending unsolicited email, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

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Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.

 

Additional Terms

 

Rights Reserved. We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal use. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You may also share materials on social media. You must include the following notice in any downloaded or shared materials: “Copyright Joseph Burke, LCSW, PLLC.” Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Joseph Burke, LCSW, PLLC.”

 

Except as expressly stated in these Terms of Use, we reserve all rights to all materials on the Site, including, without limitation, written content, graphical and design elements (including the Site’s “look and feel”), and service marks and trademarks. By submitting material to any area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted, to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Site materials. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.

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Disclaimer.

 

We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

The Site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.

 

Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a “third-party site”). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

 

The material on this Site is provided by Joseph Burke, LCSW, PLLC and its affiliates. You accept that Joseph Burke, LCSW, PLLC disclaims all warranties and limits all liability arising in connection with this Site to the same extent and in the same manner as we do in these Terms of Use. You expressly agree that Joseph Burke, LCSW, PLLC. may rely on your acceptance of such disclaimers and limits.

 

Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.

 

Indemnification. You shall indemnify and defend Joseph Burke, LCSW, PLLC, and our officers, directors, agents, representatives, employees, consultants and trainers against any and all costs, expenses (including reasonable attorneys’ fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use.

 

Limits of Liability.

 

NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF $100 USD OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.

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BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.

 

Amendment.

 

We may change these Terms of Use, including the Site Privacy Policy, at any time. We will post notification of changes on the Site and email them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

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If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement signed by you and us, these Terms of Use, including the Site Privacy Policy (as amended from time to time by us as provided in these Terms of Use) contain the entire understanding between you and us and supersede any prior agreement between you and us, whether written or oral.

 

Last Updated December 23, 2022