For the purpose of the following Terms and Conditions, the following terms will be used:
“Administrator” means the person administering the website.
“Service” means any service offered through the Website (e.g., individual sessions, workshops, on-line programs and products, etc.), both on-line and face to face.
“User” means any person accessing the Website or who wishes to access and use the Service, as well as any person effectively using the Service.
„Provider” means SOUL JOURNEY SRL, located in Bucharest, district 4, 810 Ale. Ciceu, Room 1, block R10, entry 2, 2nd floor, ap. 50, Sole Identification Number 42188750, Trade Registry Number J40/1220/31.01.2020, legally represented by Maria-Cristina Bâra.
Failure to accept these Terms and Conditions or any provision thereof, as formulated in this act, entails the User’s obligation to immediately cease accessing the Website; further access to or visit of the Website, any page thereof and / or use of the Service, as well as any component thereof constitutes full and unconditional acceptance of the Terms and Conditions and any provision thereof.
The entire content of the websites www.cristinabara.ro and www.cristinabara.com, including here texts, images, web graphics, scripts and any other data, is the property of www.cristinabara.ro and www.cristinabara.com and is protected under copyright law and intellectual and industrial property law.
The use, without the written consent of www.cristinabara.ro and www.cristinabara.com of any of the elements listed above is punished according to the laws in force.
None of the information on the Website may be copied, reproduced without the written consent of the Provider.
3. General Terms
The Provider reserves the right to change these provisions at any time without prior notice.
By accessing and using any Service on the Website, as a User, I confirm that:
- I have read and agree to the Terms and Conditions set forth in this document;
- I am responsible for periodically checking this page for changes;
- I agree to these changes, whether or not I have examined them and whether or not I have been notified of them.
The Administrator of the Website has the right to modify at any time and in any way any of the provisions of the Terms and Conditions, without any prior notice and without being obliged to fulfill any other formality towards the Users. Any modification will be considered as fully and unconditionally accepted by any of the Users by simply using or accessing the Website or the Service.
4. On-line programs
By accessing and using online coaching or guided meditation programs, as a User, I declare that:
- I am over 18 years old;
- I access these programs on my own initiative or desire;
- I am mentally and emotionally fit for these activities;
- I take responsibility for the fact that these programs can have an emotional impact;
- I take responsibility for the changes I make in my life after these programs;
- I acknowledge that these programs do not represent psychological, psychotherapeutic, psychiatric or medical counseling and I take responsibility for taking care of my emotional, physical and mental needs;
- I undertake to maintain the confidentiality of the content of the online programs and not to give access to other persons to the content of these programs or to transmit in any form or in any way, the content of these programs (pictures, text, video, audio) or parts of the content of these programs;
- I am aware and understand that I cannot claim any material or moral compensation in connection with the effects these programs may have for me. I understand that the Provider cannot be held responsible for my interpretation of the information included in these programs or for its effects on me. I choose to do everything on my own responsibility.
5. Safe and Sound protocol
Services = access to the Unyte- iLs app, as well as services related to its use;
SSP or the Intervention = the Safe and Sound protocol, respectively the non-invasive auditory intervention provided through the Unyte- iLs app;
Owner = copyright over the Unyte- iLs is owned by Unyte- iLs and its licensors and is protected by US and international laws and treaties;
5.2. Usage right and contraindications
The Provider grants a limited, non-exclusive, non-transferable and revocable right to access the Services as well as the content related to accessing it and to download and install the Unyte-iLs app on the mobile phone (if applicable).
Before using the Safe and Sound protocol, I declare under my own responsibility that:
- I do not suffer from epileptic seizures;
- I did not suffer a stroke;
- I do not suffer from diagnosed neural disorders.
If I am in one of these situations, I consult a neurologist before use and immediately inform the Provider of these situations.
- I do not use drugs, hallucinogens or alcohol while using the Safe and Sound protocol.
The intervention is designed to be performed throughout a period of 5 days (one hour per day). However, the sessions can also be performed in daily intervals of 30 minutes (thus extending the duration of the intervention to 10 days) if this is decided between the User and the Provider. If the User installs the app on his personal mobile phone, according to the Provider’s instructions, so that it can be used remotely (without the physical contact between the User and the Provider), the User declares that:
- It will not allow other people access to the application;
- Will not attempt to copy, modify or process the application by any means.
The Provider undertakes to:
- Provide the User with all the information necessary to install the Unyte-Ils app on the mobile phone, as well as the instructions for use;
- To supervise the use of SSP during the sessions, either physically, or online (depending on the chosen delivery method);
5.3. Home use guide
If the User accesses the SSP from his personal mobile phone, without the supervision of the Provider (physical or online), he will consider the following recommendations for use:
- Use of headphones that completely cover the ears (over the ear), with the sound removal function (if applicable) disabled;
- Not being involved in other activities during the sessions (e.g., reading, browsing the phone, playing, watching TV, singing, dancing, etc.);
- Choosing a time of day when he is more active;
- Maintain the sound level during each session, once set at the beginning of each 30-minute piece;
- Use in a quiet space, without background noises;
- Inform the Provider if he / she encounters difficulties in completing the session, due to loss of patience, fatigue, or other factors, in order to adjust, if necessary, the listening schedule.
5.4. Limitation of responsibility
The Provider cannot be held liable (moral or material) for the effectiveness of the SSP on the specific situation of the User, the intervention not being intended to replace any treatment or process (psychological or medical) in which he is involved.
6. On-line materials
The Provider grants the User the right to download from a virtual platform various materials to be used in his personal interest. The purpose of these materials is to support the User in his personal development process, through various exercises and reflection topics.
By accessing the materials, as a User, I declare that:
- I am over 18 years old;
- I access these programs on my own initiative or desire;
- I am mentally and emotionally fit for these activities;
- I take responsibility for the fact that these programs can have an emotional impact;
- I take responsibility for the changes I make in my life after working with these materials;
- I acknowledge that these materials do not represent psychological, psychotherapeutic, psychiatric or medical counseling and I assume responsibility for taking care of my emotional, physical and mental needs;
- I undertake to maintain the confidentiality of the content of the materials and not to give access to other persons to their content or to transmit in any form or in any way, the content or parts of the content of these materials;
- I am aware and understand that I cannot claim any material or moral compensation for any impact these materials may have over me. I understand that the Provider cannot be held responsible for my interpretation of the information in these materials or for its effects on me. I choose to do everything at my own responsibility.
7. Individual coaching sessions
The Provider undertakes to maintain the full confidentiality of all identification data of Users of individual coaching sessions, as well as of all those shared during the sessions, except in exceptional situations provided by law (e.g., if the Provider is obliged by a court order, or an authority, to disclose any information related to the User).
8. Delivery policy for products and services
The Provider uses the following methods of delivery for online products and services offered:
- Through external platforms (i.e. Teachable) in the case of programs that involve setting up an account for accessing course materials (text and video);
- Through external Marketplace platforms (i.e. Mindstead.org) for materials that can be downloaded in electronic format, directly after payment on that platform;
- Remote, online, through the Zoom platform, in the case of individual coaching sessions or auditory interventions (Safe and Sound protocol);
- Directly, at the location communicated by the Provider to the User, in case of individual coaching sessions or auditory interventions (Safe and Sound protocol).
9. Cancellation policy
Once accessed the Service, the User cannot request its cancellation or a refund of the payment made. This is possible only in case of an advance payment (prior to accessing the service), and if the User has notified the Provider at least 7 days before the date of actual delivery.
The date of actual delivery is:
– The date of accessing the online platform, through which the Provider offers the User access to an online course or program, respectively the date of creating an account on the respective platform;
– Date of coaching service, in case of individual or group sessions;
– The date of payment for access to online materials, which do not imply a specific date of use, the User can access or download the materials at any time, through an external platform used by the Provider (e.g. Mindstead.org)
10. Confidentiality policy
10.1. Personal data processing policy. Our commitment regarding personal data.
Protecting your privacy when using the Website is especially important to us. Therefore, we further inform you in detail about the personal data processing policy.
The Personal Data Processing Policy describes the categories of your personal data that we process, the ways and purposes for which we collect them, the situations in which we transfer personal data, as well as the rights and options you have in this regard. At the same time, the Personal Data Processing Policy details how we process personal data in customer relationship management, most often to keep you up to date with the latest developments or events in your field of interest.
10.2. Operator of personal data
The operator in relation to your personal data is Maria – Cristina Bâra
10.3. Categories of processed personal data
Personal data which we process might include:
- Contact information, such as your name, postal address, including your home address, if you communicated it to us, your telephone number and your e-mail address;
- Additional information processed in the context of a contractual relationship with the Provider or communicated voluntarily by you, such as: instructions given, payments made, information on any legal issues, disputes, litigation or other court actions in which you are involved in any quality.
10.4. Legal grounds for the processing of personal data
Any processing of your personal data will be carried out on the basis of one of the following legal grounds:
- The processing is necessary in order to conclude or execute a contract to which you are a party;
- The processing is necessary in order to comply with a legal obligation by the Provider;
- The processing is carried out on the basis of your consent;
- Processing is necessary in order to protect the vital interests of you or another individual;
- The processing is necessary for the purpose of the legitimate interests of the Provider;
- In the case of special categories of data, processing shall be carried out if, in addition to a general legal basis for data processing, one of the following specific processing conditions is met:
Categories of personal data processed
- User’s consent was obtained;
- The Provider has a legal obligation to process these categories of data;
- Processing is necessary to establish, exercise or defend a right in court.
By using the Website for: receiving notifications in electronic format (newsletter), blog comments, participation in programs, the User gives his default consent to receive notifications in electronic format from the Provider including in this category e-mail communications and / or ads on the site. In order to respect the freedom of decision of the User, he may express in writing, by e-mail, his desire not to receive notifications in electronic format from the Provider through the Website.
By using the contact form on the Website, the User allows the Provider to contact him by any available means, including electronic means, respectively electronic mail (e-mail, SMS).
The Provider will consider that the User consents to receive notifications from him in electronic and / or telephone manner, including communications by e-mail, SMS or through announcements on the site.
For what purposes do we process your personal data?
We may use your personal data for the following purposes:
- In order to manage and administer the contractual relationship with our clients;
- In order to comply with our legal obligations;
- In order to manage the security and access to our premises, the use of the IT systems used by the Website;
- In order to comply with court decisions and to exercise and / or defend our rights and interests;
- With your consent, for marketing purposes (such as contacting the User, including by mail, e-mail, fax, text or telephone, in connection with our offer of goods or services).
10.5. Disclosure of User’s data
We may disclose your personal data to public authorities, entities, if such disclosure is necessary to comply with a legal obligation to which we are subject or to protect your vital interests or the vital interests of another individual.
10.6. Transfer of personal data abroad
The User’s data will not be transferred to other states. Apart from the above, the data will not be transmitted to other third parties, such as marketing databases or direct marketing companies.
10.7. Retention of personal data
We will keep your personal data for as long as necessary to achieve the processing purposes mentioned above, unless a longer period of time is not required by the law.
We will cease the processing of personal data when they are no longer required or when you withdraw your consent (if applicable) and (i) there are no longer any legitimate and compelling reasons justifying further processing by the Provider (including the legal obligation of the Provider to continue to store such data) and which prevails over your interests, rights and freedoms; or (ii) if we no longer need them in order to establish, exercise or defend a right in court.
After the cessation of processing operations, your personal data will be destroyed by procedures that do not allow their reconstruction or will be anonymized.
10.8. Your rights in connection with the processing of personal data
In this section we have summarized the rights you have under the legislation on the protection of personal data. Some rights are complex and not all details have been included in our summaries. Accordingly, we recommend that you read the relevant laws and guidelines from the regulator for a full explanation of these rights:
Your main rights under the law on the protection of personal data are:
- Right of access – the right to obtain from the Operator a confirmation that personal data concerning you are processed or not and, if so, access to those data, together with certain additional information. This additional information includes details of the purpose of the processing, the categories of personal data concerned and the recipients of the personal data.
- The right to rectification – the right to obtain from the Operator, without undue delay, the rectification of inaccurate personal data concerning you;
- The right to delete data (“the right to be forgotten”) – the right to obtain from the Operator the deletion of personal data concerning you, without undue delay, and the Operator has the obligation to delete personal data without undue delay in the cases expressly provided for by the legislation on the protection of personal data. These circumstances include:
- personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- withdraw your consent for consent-based processing;
- you object to the processing in accordance with certain rules of the applicable data protection legislation;
- the processing is for marketing purposes;
- personal data has been processed illegally.
However, there are exclusions from the right of deletion, in so far as processing is necessary:
- for exercising the right to freedom of expression and information;
- for compliance with a legal obligation;
- or for establishing, exercising or defending legal claims.
Right to obtain the restriction of processing – the right to obtain from the Operator the restriction of processing in the cases expressly provided by the legislation on personal data protection. These circumstances include:
- challenge the accuracy of personal data;
- processing is illegal, but you oppose deletion;
- we no longer need personal data for the purpose of processing, but you need personal data to establish, exercise or defend claims;
- You objected to the processing.
If processing has been restricted on this basis, such personal data may, except in the case of storage, be processed only with your consent or for the establishment, exercise or defense of a right in court or for the protection of the rights of another natural person or company or for reasons of important public interest of the European Union or of a Member State.
- Right to object – the right to object to the processing, for reasons related to your particular situation, under the legislation on the protection of personal data, including the creation of profiles.
You have the right to object to the processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will stop processing your personal data for this purpose.
- The right to portability – the right to receive personal data concerning you and which you have provided to the Operator in a structured format and you have the right to transmit this data to another operator, under the conditions expressly provided by personal data protection legislation;
- The right to lodge a complaint with the supervisory authority;
- The right to withdraw your consent.
You may exercise any of the rights in connection with your personal data in any of the following ways: sending a written notification, in electronic format to the e-mail address email@example.com or firstname.lastname@example.org .
Regarding the marketing communications received from us, you can also withdraw your consent at any time by simply sending a written notification, in electronic format to the e-mail address email@example.com or firstname.lastname@example.org .
In order to comply with our legal obligations for the security and confidentiality of our data, when you exercise one of your rights as a User, we may ask you to prove your identity by providing us with a copy of an identification document or any other information necessary to verify that the request comes from the relevant data subject.
We will consider any requests or complaints we receive and send you a response within the deadlines set by law. If you are not satisfied with our answer or consider that the processing is done in violation of applicable law, you can file a complaint to the Romanian data supervisory authority: National Authority for Supervision of Personal Data Processing – based in Bd. Gheorghe Magheru no. . 28-30, Bucharest, Romania.
10.9. Data security
Identification and authentication. The Operator operates in accordance with legal requirements. Access to personal data is allowed only to authorized personnel, being granted by a person specially designated for this purpose who acts only on the basis of instructions received from the Operator.
The authorized persons have access to personal data based on passwords. Password management measures and control measures are implemented, including the minimum password length, as well as the obligation to change passwords periodically and not to reuse old passwords. All passwords are treated as sensitive and confidential information.
Data collection. Personal data are collected and entered into the database by persons specially designated for this purpose.
Training of personnel authorized by the Operator. Authorized personnel are regularly informed about security policies and procedures for processing personal data.
Data printing. The right to print data from personal databases is limited only to authorized personnel and only for the performance of duties.
The security policy of personal data processing is complemented by the protection system by the fact that:
- All electronic equipment and resources are adequately protected. Access to them is allowed only to authorized persons.
- Authorized personnel have been instructed not to leave computers unattended as long as they are up and running and connected to a particular application. The operator has implemented solutions and devices to monitor access to the computer, such as password protection.
10.10. Updates to this personal data processing policy
The most recent update of this Personal Data Processing Policy was made in July 2020. We reserve the right to periodically update and modify this Personal Data Processing Policy to reflect any changes in the way we process your personal data or any changes to legal requirements. In the event of any such change, we will display on our website the amended version of the Personal Data Processing Policy and / or make it available to you in another way.
11. Payment method
All services listed on the Website and electronic products can be purchased through online payment, by bank card (e.g., individual coaching sessions, group events, vouchers, SSP, online courses and materials, etc.) or by bank transfer in the Provider’s bank account.
The terms and conditions of use of this Website are subject to Romanian law.
In the event of a dispute, an amicable settlement will be sought first, within 30 working days of the official receipt of the complaint (by post or e-mail).
If no agreement can be reached within the time limit specified above, the court of the same administrative structure as the seat shall be considered competent.
13. Force majeure
Neither of the contracting parties can be held liable for non-performance (total / partial) or late performance of its obligations, if they were caused by force majeure. The parties shall immediately inform the case of force majeure and shall take all necessary measures to limit the consequences of the event.
If within 15 days from the date of its occurrence, the event of force majeure does not cease, each party shall have the right to notify the other party of the full termination of this contract without any of them being able to claim damages from the other. Force majeure will be proven by law.