Terms & privacy

Please, do read this carefully before using this website.

Who we are

Our website address is: https://cupofclay.com. Yiquanlab.com is another name for this website: if you navigate to yiquanlab.com, you are automatically redirected to cupofclay.com. In practice, this is Juha Leino’s personal website. To contact us, please, use our contact form.

General

This site is designed for persons located in European Union. It makes every attempt to follow EU regulations, such as GDPR.

The site can be accessed from various other countries around the world. Each of these places has laws that may differ from those of the country of origin of this website. By accessing the site both you and we agree that the laws of the European Union shall apply to all matters arising from or relating to the use and contents of this site.

To contact us, to subscribe to anything, to register or to purchase anything on this website, you must be over 18 years of age. You must ensure that the details provided by you, for example email or name, are correct and complete.

We reserve the right to decline a new customer registration or suspend a customer’s account at any time and at our sole discretion. This applies for example to newsletter subscriptions. We furthermore reserve the right in our absolute discretion to terminate your access to all or part of the services with or without notice. We also reserve the right in our absolute discretion to discontinue the Website or services, or any part thereof, at any time, with or without notice. We may change the website or delete features in any way, at any time and for any reason.

Copyright

All rights reserved. All copyright and other intellectual property rights in all text, images, sound, software and any other materials on this site are owned by Juha Leino unless otherwise noted.

No reproduction of any part of the site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work or publication, whether in hard copy or electronic format, including posting to any other site. No other license or right is granted.

Submissions

It is our policy not to accept any unsolicited suggestions, be for content improvements, new content ideas or marketing ideas or anything else, from outside. Any unsolicited suggestions or information you send us will be treated as non-proprietary and non-confidential and become the property of Juha Leino without compensation for exclusive use at our unlimited discretion.

Content

The information on this site has been included in good faith but is for general informational purposes. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. Use it or any information wherein at you own risk.

Neither us nor any of our affiliates nor its or their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to or use of this site or its content or any site linked to it including, without limitation, any loss of profit, indirect, incidental or consequential loss.

We reserve the right to make any changes and corrections to this site as and when we consider it appropriate and without notice.

Linked sites

You may encounter links to other internet sites on this site. This does not indicate that we are necessarily associated with any of these other sites or their owners. Whilst it is our intention that you should find these other sites of interest, neither us, our affiliates, nor its or their officers, employees or agents shall have any responsibility or liability of any nature whatsoever for these other sites or any information contained in them, none of which have been verified or endorsed by us or our affiliates.

Privacy and cookies

We have a separate Cookie policy generated with Complianz. Here we describe things at more general level.

What information we collect

Newsletter subscription

We use MailerLite to manage our email marketing subscriber list and to send emails to our subscribers. MailerLite is a third-party provider, which may process your data using industry-standard technologies to help us monitor and improve our newsletter. MailerLite’s privacy policy is available at https://www.mailerlite.com/legal/privacy-policy. You can unsubscribe from our newsletter by clicking on the unsubscribe link provided at the end of each newsletter. MailerLite sets one localStorage cookie on the pages where we have the newsletter subscription form.

We do not share your newsletter-related personal information with any third parties beyond MailerLite. We use your information only to sent you newsletters.

You can review MailerLite’s Data Processing Addendum here.

We use double opt-in to make sure we do not inadvertently spam anybody. This means that when you subscribe to our newsletter, you receive a confirmation email. You will only be sent newsletters after you confirm that you want to receive them.

The information MailerLite (in our case) stores is:

  • Subscription date and time
  • Signup IP address
  • Opt-in date and time
  • Opt-in IP address
  • Subscribed via (e.g., webform)
  • Location (country)
  • Email
  • Name

Most of this information is actually stored to protect your rights, since we need to be able to prove that you have opted in.

In addition, MailerLite follows how many newsletters you have been sent, how many of them you have opened and how many clicks you have done on the newsletter (e.g., clicked a link to open an article).

Because MailerLite requires that subscribers have opened at least one newsletter within two years, if you are blocking images in the newsletter (which hides opening) and instead clicking links on the newsletters go directly to our site, it may be that even though you actually enjoy the newsletter, you may seem like inactive. Consequently, we might send you an extra newsletter to ask you to confirm that you still wish to receive our newsletter if the two year limit is close.

Contact form

The contact form collects the data that you explicitly provide it and the date and time of submission. It is stored in our service. We do receive an email about new submissions, but the only field used in that is Subject. We do not send your email or name to ourselves because emails are not encrypted. We include the Subject field in the email simply to see if the contact submission requires immediate attention or not.

As you can see from the contact form, we store your name, email, message subject, message content and agreement to our terms (see Submissions). In addition, as mentioned, we store the date and time of submission.

We use the hCaptcha anti-bot service to protect our contact form from spam. This service is provided by Intuition Machines, Inc., a Delaware US Corporation (“IMI”). hCaptcha is used to check whether the data entered on our website has been entered by a human or by an automated program. To do this, hCaptcha analyzes the behavior of the website or mobile app visitor based on various characteristics. This analysis starts automatically as soon as the website or mobile app visitor enters a part of the website or app with hCaptcha enabled. For the analysis, hCaptcha evaluates various information (e.g. IP address, how long the visitor has been on the website or app, or mouse movements made by the user). The data collected during the analysis will be forwarded to IMI. Data processing is based on Art. 6(1)(f) of the GDPR (DSGVO): the website or mobile app operator has a legitimate interest in protecting its site from abusive automated crawling and spam. IMI acts as a “data processor” acting on behalf of its customers as defined under the GDPR, and a “service provider” for the purposes of the California Consumer Privacy Act (CCPA). For more information about hCaptcha and IMI’s privacy policy and terms of use, please visit the following links: https://www.hcaptcha.com/privacy and https://www.hcaptcha.com/terms.

Analytics

We use Piwik PRO Analytics Suite as our website/app analytics software and consent management tool. We collect data about website visitors based on cookies. The collected information may include a visitor’s IP address, operating system, browser ID, browsing activity and other information. See the scope of data collected by Piwik PRO.

We calculate metrics like bounce rate, page views, sessions and the like to understand how our website/app is used. We may also create visitors’ profiles based on browsing history to analyze visitor behavior, show personalized content and run online campaigns.

If you do not consent to visit statistics collection, we create and analyze anonymous datasets related to the use of this site.

We host our solution on Microsoft Azure in Germany, and the data is stored for 14 months.

The purpose of data processing: analytics and conversion tracking based on consent. Legal basis: Art. 6 (1)(a) GDPR.

Piwik PRO does not send the data about you to any other sub-processors or third parties and does not use it for its own purposes. For more, read Piwik PRO’s privacy policy.

Complianz

We use Complianz for handling our cookie consent matters. It helps us make sure that we only set the types of cookies you consent to after you consent to them. As an interesting twist, Complianz also has to set some cookies to handle the blocking of cookies on our site. However, cookies by Complianz will not store personally identifiable data, as the cookies by them are functional, non-track cookies.

Protecting your personal data

The contact form submission data is stored on our server and is accessible through our admin section. It is not emailed anywhereto keep it safe. The safety of the data depends on two factors: 1) our internet service provider safety measures, and 2) our site safety measures. Our ISP is Domainhotelli, a Finnish company whose servers are located in Finland. We are not otherwise affiliated with them. Our safety measures include using 2-factor authentication in our log-in and using SSL for all traffic. We do take security seriously, and while we cannot afford to buy certain security services (this website is not exactly a goldmine, as is easy to tell), the website is run by professionally trained IT-person who keeps it up-to-date.

Our MailerLite account is likewise protected by 2-factor authentication.

While we do our very best to keep your data safe, we cannot naturally guarantee it – if Pentagon gets hacked, it can happen to us, too. We will inform you immediately if we become aware of your data having been accessed by a third party. The good side of the matter is that the data we may have on you is not very extensive, even if you have ordered our newsletter or used our contact form.

Embedded content from other websites

Content on this site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Terms for screen scraping, AI training and similar appropriations of content

Use of any automated system or software, whether operated by a third party or otherwise, to extract any data from this website (“screen scraping”) is strictly prohibited. Moreover, all rights reserved for training artificial intelligence, machine learning models or similar, whether for commercial, non-profit, personal, or research purposes.

If you wish to license this site’s material in any way, please, use the contact form. The standard license fee (i.e., in absence of an agreement) for this site’s material is 1000 € per unique URL per year, or part of year, the model is in use. Use of any page of this site in creating an AI, Machine Learning model or similar will be construed to be acceptance of these terms. In the event the training organization can not document the exact URLs used in training by URL, and such training organization agrees that the entire site will deem to have been used.

You also agree that the logic of “your content is just one billionth of a training set” in no way exempts you. If this site’s material is not relevant to your model, you agree simply not to incorporate it into your model. If you do, then you agree that the material is worth the license fees.

You further agree that should there ever be court rulings that AI training constitutes “fair use” of copyrighted materials, we both agree that your use of material on this site will be construed to be licensed use, not fair use.

Presumption of fair use is expressly prohibited to the extent allowed by law.

You further agree that by using this site for training, these terms retroactively apply to any previous models trained by the same organization or any of its parents or affiliates or acquired subsidiaries, under the assumption that if you train on it for a new model, any scraping you did for a prior model is likely to have scraped this site.

The license fees for retroactive use shall be come immediately due and payable, with late fees accruing at 18% per annum or the prevailing credit card interest rate, whichever is higher, at the time the obligation is agreed to.

In plain English, nothing about the site’s technical configuration (e.g., a missing robots.txt file) shall be construed to constitute permission to use this site for training without agreeing to and paying license fees.

Your use of this site for training any learning model of any type constitutes full and complete acceptance of these terms. In no circumstances is permission granted to train data due to any technical circumstances.

If any of the above terms are deemed unenforceable, the rest of the terms still apply.