General Terms and Conditions of Sale with Gerard Enrico Segura Machado

Last updated: August 28, 2024

Art. 1 – Purpose of the Agreement

Gerard Enrico Segura Machado (owner of the website www.datadrivenaba.com) offers an online Webinar based on ABA (Applied Behavior Analysis) and conducted by (Teaching Staff):

• Michael Nicolosi, M.Sc., Psychologist (CH), Board Certified Behavior Analyst, BCBA® (USA), International Behavior Analyst, IBA® (USA), Analista del Comportamento, AdC (IT) (Phone: +41 76 478 0625, WhatsApp: +39 347 041 1481, E-mail: michaelnicolosi@datadrivenaba.com).

• Nicola Cefalo, M.Sc., Psychologist (CH), Board Certified Behavior Analyst, BCBA® (USA), International Behavior Analyst, IBA® (USA), Analista del Comportamento, AdC (IT) (Phone: +41 76 776 0728, WhatsApp: +39 328 706 8480, E-mail: nicolacefalo@datadrivenaba.com).

• Satia Riva, M.Sc. in Psychology, International Behavior Analyst, IBA (USA), Analista del comportamento, AdC (IT), (Phone: +41 76 285 0030, WhatsApp: +39 033 241 8383, E-mail satiariva@datadrivenaba.com).

• Francesca Siciliano, M.Sc., Psychologist and Psychotherapist (IT), Board Certified Behavior Analyst, BCBA® (USA), International Behavior Analyst, IBA® (Phone: +39 339 172 6728, E-mail: francesca@datadrivenaba.com.

• Or any other Professional described on the website www.datadrivenaba.com.

The final recipient of the service is hereinafter referred to as the “Client”.

Art. 2 – Nature of the Service and Responsibilities

This service is an online Webinar accessible through an online streaming platform. Gerard Enrico Segura Machado will provide a URL (internet address) and instructions to access the Webinar.

Communications will be sent to the email address provided by the Client during registration. It is the Client’s responsibility to have a computer, a high-speed internet connection, and to download the necessary software to participate in the event.

In case of internet connection and/or computer and/or software malfunctions that prevent proper participation in the Webinar, Gerard Enrico Segura Machado will not be held responsible in any way.

The Client is responsible for checking the SPAM folder of their email account for communications.

The Webinar may include frontal teaching and/or practical online activities conducted by the Teaching Staff or delegates (in case of illness or injury).

During the Webinar, the Teaching Staff may describe ABA educational procedures aimed at modifying the behavior indicated by the Client.

The Teaching Staff and Gerard Enrico Segura Machado do not assume any responsibility for the implementation of the ABA educational procedures described during the Webinar. It will be the Client’s decision whether to actually apply the ABA educational procedures described or to stop at a hypothetical level regarding the mentioned behavior.

Any implementation of the ABA educational procedures described by the Teaching Staff will occur under the Client’s responsibility.

The Client is required to consult with their professional orders and/or their supervisors in the workplace for any clarification regarding the possibility of incorporating ABA educational procedures during their professional practice. Any implementation must be consistent with the Client’s area of competence and their professional ethics.

Similarly, any application of ABA educational procedures learned during the Webinar by parents or relatives of people with autism or other conditions will occur under the responsibility of the parent or relative, without any responsibility on the part of the Teaching Staff or Gerard Enrico Segura Machado.

During the Webinar, the Teaching Staff may demonstrate and describe potential interventions. If the Client has doubts or needs to implement ABA educational procedures, it is suggested to consult their behavior analyst, who will advise and guide the appropriate implementation after evaluating the individual case.

The Webinar offered by Gerard Enrico Segura Machado and conducted by the Teaching Staff does not in any way replace the intervention of a qualified professional responsible for a potential recipient of ABA educational procedures.

The offered Webinar is based on freely accessible international scientific literature and aims to teach and demonstrate the practical application of ABA educational procedures in a way that is independent of any professional and educational background. For this reason, the offered Webinar is accessible to any professional figure, teachers, and even parents of children or adolescents with behavioral difficulties.

The Webinar should not be understood as a guide for solving behavioral problems concerning clients, students, or relatives of the Client.

The Webinar is not intended to teach psychology or psychotherapy, referring such training to entities authorized to do so.

The Teaching Staff may delegate part of the Webinar to a collaborator of their choice in case of illness, injury, or indisposition.

Art. 3 – Acceptance Process

To be accepted, the Client must complete the registration form related to the event on the Data Driven ABA website (www.datadrivenaba.com). The Client must also be of legal age (minimum 18 years old) and possess a high school diploma. Gerard Enrico Segura Machado may reject the registration at his discretion.

By filling out the registration form, checking “I declare under my responsibility that I am of legal age and/or at least 18 years old, and I Accept the Terms and Conditions relating to Data Driven ABA Webinars”, and clicking “Confirm my spot!”, the Client agrees to be automatically enrolled in the current Webinar and future Webinars offered by Gerard Enrico Segura Machado.

The acceptance, once given, will be valid for any other Webinar proposed by Gerard Enrico Segura Machado in the future. The Client will receive informative emails communicating when a new Webinar will be held, including title, description, time, and access details.

Art. 4 – Duration and Termination

The objective, duration, and schedule of the Webinar are specified on the event webpage on the Data Driven ABA website, or they will be described in the informational email to Clients already registered for past Webinars.

Gerard Enrico Segura Machado has the right to cancel the event for any reason. In case of cancellation, the “Withdrawal Policy” applies.

Art. 5 – Costs, Payments, Billing

The webinars offered by Gerard Enrico Segura Machado are free, as specified on the event webpage, on the website www.datadrivenaba.com, and/or in the informational email sent to clients who have registered for previous events.

In the event that the client purchases CEU credits (attendance certificate valid for IBAO), payment will be required, and a corresponding invoice will be issued. The cost of the CEU credits will be specified on the event webpage, on the website www.datadrivenaba.com, and/or in the informational email sent to clients who have registered for previous events. Payment is a necessary but not sufficient condition to obtain the certificate for the CEU credits.

CEU Credits

Data Driven ABA is an Approved Content Provider by IBAO for the provision of CEU credits. For this reason, some Webinars offer the opportunity to purchase CEU credits valid for the International Behavior Analysis Organization (IBAO®). In this case, the event webpage will detail the method for obtaining CEU credits and the related costs.

The Client can obtain the certificate of the purchased CEU credits only if they follow all the necessary steps described on the event webpage and make the related payment.

Payment for CEU credits may be required after the event and/or separately from the cost of the event itself.

WARNING: To obtain the certificate related to the CEU credits, the client must make the payment and follow in detail the instructions for obtaining the CEU credits described on the event webpage, aimed at verifying the Client’s actual participation in the event. If these instructions are not successfully followed, no certificate will be provided.

Withdrawal Policy

The Client can request withdrawal from this agreement by writing an email to info@datadrivenaba.com at any time. Upon Withdrawal, the Client will no longer receive any communications, links, or information regarding the Webinars. If the Client has made a payment for a Webinar and it has not yet been held, the Refund Policy below applies.

Refund Policy

Once payment has been made, the Client has 14 days to request a full refund of the amount paid, and in any case, up to three days before the event.

The agreed service will be billed at 100% (no refund will be provided) if the refund request is made after 14 days from payment, beyond 3 days before the event, or if the payment is made more than 3 days before the event.

(Examples: if the webinar is on June 20 and the Client made the payment on June 1, they can request a refund no later than 11:59 PM on June 15, the day when the 14-day refund period expires. If the Client made the payment on June 14, they can request a refund no later than 11:59 PM on June 16, as June 17, 18, and 19 are considered 3 days before the event. If the Client made the payment on June 18, no refund will be provided).

The Client can request a refund of a payment without withdrawing from this contract. This means that the Client can obtain a refund of the amount paid but will continue to receive communications about future webinars.

In case of withdrawal or postponement of the Webinar start date by Gerard Enrico Segura Machado, the Client is entitled to a full refund.

If the Client has purchased CEU credits whose payment is due at the end of the event, no refund will be provided under any circumstances.

If the Client does not follow the instructions necessary to obtain the CEU credits indicated on the event webpage, they will not receive any certificate, and no refund will be provided.

Art. 6 – Provision of the Service

The Webinar will be conducted online via an online streaming platform.

For proper participation in the Webinar, the Client must have an internet connection, computer, and software as indicated by Gerard Enrico Segura Machado. Communications will be sent via email to the email address provided by the Client during registration.

It is the Client’s responsibility to check the SPAM folder of their email account for communications.

Art. 7 – Confidentiality and Data Protection

1. Gerard Enrico Segura Machado commits to maintaining the highest level of confidentiality. Data will be collected according to the conditions of the Federal Data Protection Act.

2. By signing this contract, the Client authorizes Gerard Enrico Segura Machado and the Teaching Staff to process (i.e., store, modify, use, and communicate) personal data (personally identifiable information) concerning them, including images and video recordings taken during the event.

3. The nature of the personal data processed may involve personally identifiable information (e.g., name and address).

4. Personal data stored and communicated will be in the form of written texts, documents, images, video, and audio recordings.

5. Personal data will be processed for the purpose of:

Providing the requested service.
Improving the requested service.
Requesting payment of invoices.
Legislative and tax compliance.

Audio and video recordings of the event, including photos, videos, and audio of the Client, may be published online, on the web, and on social media channels to disseminate relevant information and for marketing and advertising purposes. No other personal information of the Client will be published.

6. Security measures for processing personal data will be commensurate with the level of risk according to the law (e.g., encryption, data storage on password-protected personal computers with firewalls, lock devices to prevent unauthorized access, logging processes, etc.).

7. The Client, who declares to be informed about the general level of security of the following activities, authorizes the communication of personal data through remote communication systems (still protected by one or more passwords) such as:

Email services entrusted to various service providers.
Instant messaging and video conferencing software for smartphones, tablets, or computers.
Cloud services.
Telephone.

Communication tools will be used to exchange information and personal data between authorized individuals and bodies (listed in point 9) according to the purposes listed in point 5). Communicated personal data will take the forms indicated in point 4).

8. At any time, the Client may:

Request confirmation of the existence of the personal data they provided in the archive of Gerard Enrico Segura Machado and the Teaching Staff.
Obtain information about the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom personal data has been or will be communicated, and the retention period.
Obtain the rectification and complete deletion of personal data from the archive of Gerard Enrico Segura Machado and the Teaching Staff.
Obtain restriction of processing.
Obtain data portability, i.e., receive them in a structured, commonly used, and machine-readable format, and transmit them to another data controller.
Object to the processing of data at any time, including in the case of processing for direct marketing purposes.
Request access, rectification, or deletion of personal data or restriction of processing.
Revoke consent to data processing at any time.

9. Personal data communication and processing will be carried out by Gerard Enrico Segura Machado only with authorized individuals and entities, including:

The Teaching Staff.
The Client.
Third parties, such as lawyers, courts, or accountants of Gerard Enrico Segura Machado and/or the Teaching Staff.
Public and/or private entities that may play a role in providing the service (e.g., billing).
The professionals listed on the website www.datadrivenaba.com (including the website owner), who constitute Gerard Enrico Segura Machado’s work team, in any case bound by confidentiality.
Law enforcement officers.

The communication of personal data will occur to the above-mentioned authorized individuals and entities for the purposes listed in point 5). The communicated data will be limited and commensurate with the needs. The authorized individual or entity is responsible for protecting the data after communication.

10. The Client is informed that some of the professionals listed on the website www.datadrivenaba.com are residents of Italy. The Client is informed that it may be necessary to transfer partially or entirely, in paper or digital form and under Regulation (EU) 2016/679 (“GDPR 2016/679”), personal data to the foreign professional. The Client, therefore, expresses their consent to the possible transfer of personal data abroad for the purposes listed in point 5).

11. Unless otherwise specified, authorization to share personal data with any person or entity not mentioned herein will be assumed after written communication (e.g., digital communication) of the contact of the person or entity by the Client for purposes related to the service.

12. The Client is informed that Gerard Enrico Segura Machado does not use profiling systems (a form of automated processing to collect personal data and evaluate customers).

13. The Client authorizes Gerard Enrico Segura Machado to destroy all personal data entrusted to him after the expiration of 10 years from the termination of this contract, without prior notice.

14. The Client undertakes not to disseminate any documents provided by Gerard Enrico Segura Machado to individuals unrelated to the service.

15. The Client is responsible for the data processed on their computer and premises.

16. For any questions or requests regarding data processing, the Client can contact Gerard Enrico Segura Machado via email (info@datadrivenaba.com).

Art. 8 – Miscellaneous

1. Technical Steps to Consider this Contract Signed

This contract is considered read, understood, accepted, and signed after the Client has:

Filled out the registration form on the website www.datadrivenaba.com with all the personal information required for their case.
Checked all the boxes related to the acceptance of this contract.
Submitted the registration form by clicking the “Confirm my spot!” button.
Paid the costs of the Webinar if applicable.

After submitting the registration form, the Client will receive an email with all the personal information provided. If any of the information reported in the confirmation email is incorrect, the Client must immediately inform Gerard Enrico Segura Machado by sending an email to info@datadrivenaba.com.

Acceptance, once obtained, will be valid for any future Webinar. The Client will only receive informative emails that will communicate when a new Webinar will be held, including title, description, time, and costs. In the case of a free Webinar, the email may also contain access data.

Payment will be required by credit card.

2. Applicable Law and Competent Court

This contract is governed and interpreted exclusively by Swiss law. All disputes arising from or related to this contract, including those related to its conclusion, binding effect, amendments, termination, and data confidentiality, will be decided exclusively by the competent Swiss courts of the Canton of Schaffhausen (Switzerland).

The parties expressly agree that the place of performance of the characteristic service is Schaffhausen, the workplace of Gerard Enrico Segura Machado.

3. Warranty and Refund

All payments sent in advance will correspond to the services.

In the case of a payment and refund request by the Client, the Client is entitled to request a refund, which will be provided based on the Refund Policy (ART. 5).

In the event of any personal or professional issue related to Gerard Enrico Segura Machado or the Teaching Staff that leads to the complete cancellation of the Webinar, the Client has the right to request and receive a full refund.

4. Contract Modifications

Any changes to this contract must be made in writing and will be posted on the website www.datadrivenaba.com. Clients will be informed by email 8 weeks in advance. The Client has the right to object to the changes via email and cancel the contract.

If no objection is sent to Gerard Enrico Segura Machado within 8 weeks of the modification being sent, it will be considered accepted.

5. Duration

The contract is valid for one year and is automatically renewed every year unless one of the parties exercises the right to withdraw.

6. Receipt of Fraudulent Files

If the Client receives a file from Gerard Enrico Segura Machado or the Teaching Staff, either via email or any other channel, the Client undertakes to check and scan the file for viruses or harmful software before opening or using it.

7. Compliance with the Law and Law Enforcement

Gerard Enrico Segura Machado cooperates with government and law enforcement officials to enforce the law.

Gerard Enrico Segura Machado may disclose information necessary or appropriate to protect the safety of the public or any person, respond to claims and legal proceedings (including, but not limited to, subpoenas), and prevent or stop any activity that may be illegal or dangerous.

The Client must also be aware that Gerard Enrico Segura Machado may be required to disclose information to allow law enforcement or other authorities to fulfill their professional and legal responsibilities.

In particular, and without limitation, the Client must be aware that the law may require Gerard Enrico Segura Machado to disclose information and/or take action in the following cases:

Reporting or suspicion of abuse on a child or vulnerable adult.
Suicidal ideation.
Threat of harm to another person.
Presentation of a court-ordered treatment.

8. Liability in the Event of Using Insecure Communication Means

The Client accepts the risk that emails, instant messaging or video conferencing software for smartphones, tablets, or computers, and cloud services may not be a completely secure and confidential communication means.

Gerard Enrico Segura Machado and the Teaching Staff will not be liable for any loss or damage suffered due to communication with the Client in this manner.

9. Issuance of Tax Documents

In the event of payment, Gerard Enrico Segura Machado will send the Client an invoice for the services provided via email.

The Client will hold Gerard Enrico Segura Machado harmless from any liability arising from the issuance of incorrect invoices or other tax documents due to errors in the data provided by the Client, as the Client is solely responsible for the correct entry of the data.

10. Breach of Terms and Conditions

The Client will indemnify, defend, and hold Gerard Enrico Segura Machado harmless from any claim, loss, lawsuit, demand, liability, cost, or expense (including, but not limited to, litigation and reasonable attorney’s fees and expenses) arising from or relating to any of the following:

The Client’s breach of any provision of this contract.
The non-payment of any of the services.
The Client’s violation of any third-party rights, including, but not limited to, intellectual property rights, publicity, confidentiality, property, or privacy rights.

This clause will remain in effect even after the expiration or termination of this contract.

11. Protection of Intellectual Property

The Client agrees to the absolute prohibition of sharing the teaching materials provided and shown by the Teaching Staff (e.g., slides, diagrams, charts, data collection grids, possible videos or audio shown via Zoom or instant messaging software, etc.) with persons not involved in the Webinar.

The Client agrees to the absolute prohibition of recording any part of the Webinar in audio, video, or photo form. The Client agrees to the absolute prohibition of communicating the access credentials to the virtual room of this Webinar to persons not involved in the Webinar.

Any violation will be prosecuted in accordance with the law.

12. Client’s Responsibility

Hereby, I, the Client, confirm that I am legally capable of consenting to receive the service. Additionally, I confirm that I am legally capable of entering into a contract.
I hereby confirm that all the information I have provided and that I will provide in the future is accurate, truthful, current, and complete. Furthermore, I commit to maintaining and updating this information during the term of the contract, so that it remains accurate, up-to-date, and complete.
I hereby assure that, once I have read, understood, accepted, and signed this contract by clicking the “Confirm my spot!” button on the website www.datadrivenaba.com, I will print this contract and keep it among my documents.

13. Others

If one or more provisions of this Contract are or become invalid, in whole or in part, this does not affect the validity of the remaining provisions of this Contract.

Last updated: August 28, 2024.