Privacy Policy

For information regarding how breathing language collects, uses and treats your data, please read the content of this page.

For all inquiries, including those related to this Privacy Policy, please contact us using our Contact form.

1. Introduction

Thank you for choosing breathing language (we, us, our). Our website, media content and related services are operated by Josh Douglas.

Upon visiting and using any website or application, a relationship between said sources and a user is immediately established. In conjunction with our Terms of Use, this Privacy Policy provides details regarding our iteration of that relationship with our Clients, as it pertains to the legal collection and use of our Clients’ data through our website and/or services. Please read both pages carefully before continuing to use breathing language and its services.

1.1 Definitions

  • ‘breathing language’ and ‘our/its services’ each refers to our website (https://breathinglanguage.com), RSS/atom feed(s), media content, ESL lessons, and any/all related services operated by Josh Douglas under the umbrella of breathing language

  • ‘Client’ refers to any user that visits our website and/or utilizes our services

  • ‘Service Provider’ refers to any third party company whose products and/or services we use in order to provide and/or deliver our own products and/or services to the Client

2. Data Collection

2.1 Personal Data

While using breathing language and its services, we may ask that the Client provide us with certain personally identifiable information, which can be used to contact or identify the Client (Personal Data). This may include but is not limited to:

  • first and last name

  • Skype ID

  • email address

  • English level

  • country of origin

  • native language

  • Cookies

  • Usage Data

We will also collect any information that the Client provides to us. This includes but is not limited to:

  • testimonials

  • homework

  • Blog comments

  • information sent via email and/or instant messaging (Facebook, Facebook Messenger, Google Meet, Instagram, italki, Skype, Slack, YouTube, Zoom)

  • information discussed over audio and/or video call

Upon visiting our website and/or using our services, the Client consents to our processing of their data for the purpose of providing our services.

2.2 Usage Data

We may collect information regarding how breathing language is accessed and used. This usage data may include but is not limited to the following Client information:

  • IP address

  • geographical location

  • browser type and version

  • web pages visited

  • time and date of the Client’s visit to our website

  • duration of time spent on our web pages

  • device type

  • operating system name

  • screen resolution

We do not try to identify individuals or otherwise collect identifiable information from IP address or web log information. IP addresses and web log information are used by breathing language to, among other things, administer the breathing language website, help diagnose technical problems, track and analyze aggregate data associated with our website, design our website, identify popular features of our website, as well as make improvements for our website and its services.

We may aggregate IP addresses and/or web log information, as well as store, analyze, manipulate, display, disclose, distribute, retain, and use non-personally identifiable information. We may also provide IP addresses and/or web log information to law enforcement agencies if someone tries to damage breathing language or use said information in an unauthorized or illegal manner.

2.3 Cookies

We use Cookies and similar tracking technologies to track activity on our website for record-keeping and functionality-enhancement purposes. A Cookie may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Additional tracking services include beacons, tags, and scripts, whose information is equally collected and tracked for analysis and improvement purposes for the breathing language website and its services.

The Client may choose to deactivate or restrict the transmission of Cookies by changing their web browser settings. Cookies previously stored may be deleted at any time. If the Client deactivates or restricts Cookies, however, then the Client may not be able to use some portions of the breathing language website and/or its services.

Some examples of Cookies that we use include but are not limited to :

  • Session Cookies

  • Security Cookies

For more information about cookies and how you might reject a website or application’s use of them, please visit the following page: http://www.aboutcookies.org.

3. Use of Data

By visiting breathing language and/or using its services, the Client consents to us collecting and utilizing their data for the following (though not limited) purposes:

  • to provide and maintain our services

  • to provide support for our services

  • to gather analysis or valuable information for the purpose of improving our services

  • to maintain contact with the Client for purposes such as: lesson scheduling (booking, rescheduling, cancellation, verification), conducting lessons, lesson homework, teaching availability updates, website notifications, newsletter subscription, inquiry response (email, instant messaging, Blog), request for testimonial; the Client has the right to opt out of our communications at any time

  • to monitor usage and security

  • to detect, prevent and address technical issues

  • to deliver relevant advertisements

  • to protect our legal rights

Any and all information collected from the Client by us will only be processed and stored to the extent (and for the time) necessary for us to meet the above purposes.

3.1 Legal Basis For Processing Personal Data Under General Data Protection Regulation (GDPR)

If the Client is located in the European Economic Area (EEA), breathing language’s legal basis for collecting and using the Personal Data described on this web page depends on the specific context in which we collect it.

breathing language may process the Client’s Personal Data for the following reasons:

  • to create a contract with the Client

  • to enact upon the Client’s permission to collect their Personal Data

  • to comply with the law

3.2 Third Parties

We may engage with third party hosting and content providers (our Service Providers) that act as our Data Processors under the GDPR that provide us with sufficient guarantees to implement appropriate technical and organizational measures that processing will meet the requirements of this regulation and ensure the protection of the rights of the Data Subject.

4. Retention of Data

We will retain data only for as long as is necessary for the purposes set out in this Privacy Policy. This includes but is not limited to:

  • comply with applicable laws

  • resolve disputes

  • enforce legal agreements and our policies

  • protect our legal rights

  • conduct internal analysis

  • strengthen the security of our services

  • improve the functionality of our services

5. TRANSFER OF DATA

The Client’s information, including Personal Data, may be transferred to–and maintained on–computers located outside of the Client’s state, province, region, country, or other governmental jurisdiction where the data protection laws may differ from those within the Client’s governmental jurisdiction.

If the Client is located outside of Canada and chooses to provide information to us, please note that we transfer the data, including Personal Data, throughout Canada and process it here.

The Client’s consent to this Privacy Policy, followed by the Client’s submission of the information detailed in this Privacy Policy, represents the Client’s agreement to the transferring of their data.

breathing language will take all steps reasonably necessary to ensure that the Client’s data is treated securely and is done so in accordance with this Privacy Policy (our Service Providers are responsible for doing the same in accordance to their own Privacy Policies). No transfer of the Client’s Personal Data will go to an organization or country unless there are adequate controls set in place, including the security of the Client’s data and other personal information.

6. DISCLOSURE OF DATA

6.1 Business Transaction

If breathing language is involved in a merger, acquisition or asset sale, the Client’s Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy. This notice will take the form of a Blog entry (for all users) and newsletter update (for those who are subscribed to the newsletter).

6.2 Disclosure For Law Enforcement

Under certain circumstances, breathing language may be required by law to disclose the Client’s Personal Data in response to valid requests made by public authorities (e.g. court, government agency, etc.).

6.3 Legal Requirements

breathing language may disclose the Client’s Personal Data in the good faith that such action is necessary to:

  • comply with legal obligation

  • protect and defend the rights of property of breathing language and its employees

  • prevent or investigate possible wrongdoing in connection with breathing language and its services

  • protect the personal safety of the public, including Clients of breathing language and its services

  • protect against legal liability

7. Security of Data

The security of the Client’s data is important to us; however, it should be noted that no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use acceptable means to protect the user’s Personal Data, we cannot guarantee its absolute security.

7.1 The Client’s Data Protection Rights Under General Data Protection Regulation (GDPR)

If the Client is a resident of the European Economic Area (EEA), the Client has specific data protection rights. breathing language aims to take reasonable steps to allow the Client to correct, amend, delete, or limit the use of the Client’s Personal Data.

In certain circumstances, the Client has the following data protection rights:

  • to access, update or delete information that we have on the Client (this is possible by sending an email request to us)

  • to have the Client’s information rectified if that information is inaccurate or incomplete

  • to object to our processing of the Client’s Personal Data

  • to request us to restrict the processing of the Client’s personal information

  • data portability: the Client has the right to be provided with a copy of the information that we have on them in a structured, machine-readable and commonly used format

  • to withdraw consent at any time where breathing language relied on the Client’s consent to process their personal information

Please note that we do not attempt to tie IP address information to individual Clients as part of our processing of Usage Data for breathing language services.

The Client may be required to provide proof of ownership of an IP address from the relevant ISP at each time of use for each removal if the Client wishes us to remove IP address information from our records. This is to protect the privacy of other Clients’ information, as IP addresses can be shared by multiple users.

Moreover, it should be equally noted that IP address data is only collected for as long as necessary for the security of breathing language and its services, and access to the IP information is restricted to the appropriate administrators and Service Providers.

We may also require the Client to verify their identity via postal mail for their data security and protection. Valid identified requests will be responded to within the 30-day requirement of the GDPR upon receipt of the request. The Client may contact us for more information.

The Client has the right to complain to a data protection authority about our collection and use of their Personal Data. For more information, the Client can contact their local data protection authority in the European Economic Area (EEA).

8. Service Providers

In order to facilitate the provision of our services, we use a variety of Service Providers. Upon visiting and using our website and its services, the Client consents not only to our Privacy Policy and Terms of Use but also to those of our Service Providers.

Before visiting the rest of our website and/or using our services, please read the following documentation from our Service Providers:

9. External Links

breathing language may contain links to other sites or applications that are not operated or controlled by us. If the Client clicks on a third-party link, the user will be directed to that third-party source. We strongly advise that the Client review the privacy policy of every website and application that they visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party website, application or service.

10. Children’s Privacy

We do not knowingly collect or request personally identifiable information from anyone under the age of 18. If the user is a parent or guardian and they are aware that their child[ren] has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from a child or children without verification of parental consent, we will take steps to remove that information from our servers.

11. Privacy Policy Revision

Upon any change to this Privacy Policy, the Client will be notified via our Blog and/or newsletter (to those who are subscribed to the newsletter). The ‘Last Revised’ line at the bottom of this document will also be changed in order to reflect the revision of this Privacy Policy.

We maintain the right to change this Privacy Policy whenever we see appropriate.

All changes made to this Privacy Policy are effective once the previously-described delivery of notification has occurred.

12. Reusing This Privacy Policy

Before reading further, the Client must note that we are not lawyers and do not provide legal or business advice.

The Client is welcome to reuse and find inspiration in this Privacy Policy (published under licence CC BY) after verifying its compliance with the manner in which the Client’s website tracks, uses and discloses other Clients’ information.

The accuracy, completeness and adequacy of this Privacy Policy cannot be warranted or guaranteed. The user uses it at their own risk.

Last Revised: December 14, 2023