Effective Date: March 1, 2019
Published Date: February 18, 2019
Nutrition Coach understands that you have valid concerns about safeguarding your privacy online. Your privacy is also important to us. We are committed to conducting our Services in accordance with these general principles in order to ensure that the confidentiality of Personal Data is protected and maintained:
- When collecting Personal Data, we will identify the purpose for which information is being collected whenever possible, and work with the User to make sure it is accurate and up-to-date.
- We will collect and manage Personal Data by lawful and fair means and with the consent of the User whenever possible,
- We will collect and use Personal Data solely with the objective of fulfilling those purposes specified by Nutrition Coach at the time of collection and for other compatible purposes, unless we obtain the consent of the User concerned or required by law.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.
- We will make readily available to customers information about our practices relating to the management of Personal Data and any future changes to our Policy.
- We will never sell, barter, rent, lease, or share your email address with any unauthorized third party.
Nutrition Coach is a United States limited liability company subject to the laws of the United States. The United States may not offer a level of privacy protection as great as that offered in other jurisdictions. By using our Services, you understand and consent to the collection, storage, processing, and transfer of your data within the United States by Nutrition Coach and those authorized third parties we share your data with as described in this Policy.
Please read the entire Policy carefully before using our Services. By using our Services, you agree to the collection and use of information in accordance with this Policy, whether or not you have read the Policy. If you do not agree with this Policy, please do not use our Services.
Our Policy explains what Personal Data (PD) and Non-Personal Data (NPD) we may collect from you, why we collect it, how we collect it, how we protect it, how we may share it, how you can access and change it, and how you can limit our sharing of it. Our Policy also explains certain legal rights that you have with respect to your Personal Data. Any capitalized terms not defined herein will have the same meaning as where they are defined on our Terms of Services.
Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our Terms of Service, accessible from https://nutritioncoach.com/terms
Personal Data (PD) means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personally Identifiable Information:
Personally Identifiable Information (PII) is a subset of Personal Data. The vast majority of Personal Data that Nutrition Coach collects is PII. Examples of PII that Nutrition Coach collects include first name, last name, billing address, shipping address, email address, and credit card information.
Non-personal Data (NPD) is information that is in no way personally identifiable.
Usage Data (UD) is a type of Non-Personal Data which is collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
A User is any individual using our Services. It is a collective identifier that refers to either a Guest or Member. The User corresponds to the Data Subject, who is the subject of Personal Data.
A Guest is a visitor to our Services who merely views or browses our website without consenting to share additional Personal Data beyond what is collected automatically (for example, IP address).
A Member is a User who has registered with us to use our Services or buy a products or service. A Member has fully consented to share additional Personal Data with us (for example, name and email address). A Member is the same as a registered User.
A Customer is a User who has purchased any product or service from Nutrition Coach.
Cookies are small pieces of data stored on a User’s device.
Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
For the purpose of this Policy, we are a Data Controller of your data.
Data Processor means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.
Nutrition Coach may use the services of third-party Service Providers (for example, Google Analytics) that to process your data more effectively to improve our Services and these Service Providers will be acting as Data Processors.
For more details, see the below sections on Service Providers, Web Analytics, and Behavioral Remarketing within this Policy.
Data Subject is any living individual who is the subject of Personal Data.
ANTI-SPAM PHILOSOPHY AND YOUR OPT-OUT RIGHT
Nutrition Coach practices permission marketing and follows a ‘no spam’ modus operandi when communicating with Users. All of our complementary newsletters, subscriptions, and memberships require a double opt-in to insure we only send information to those who want it.
We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003. We will not sell, barter, rent, lease, or share your email address with any unauthorized third party.
We only contact Members who specifically request that we do so or in the event that they have signed up to receive one of our email newsletters, subscriptions, or memberships, or have purchased a product or service.
Nutrition Coach allows every registered User the opportunity to opt-out of receiving communications from us or remove their Personal Data from our Services. If a Member removes his or her Personal Data from our Services, it will no longer be used by Nutrition Coach for correspondence to the former Member or customer.
All of the email messages that Nutrition Coach sends Members include an unsubscribe link. You may opt-out of receiving these communications from us, at any time, by selecting the unsubscribe link at the footer of any email sent by us.
YOUR GDPR RIGHTS
If you are within the European Union, you may be entitled to certain information and have certain rights under the General Data Protection Regulation when using our Services and submitting Personal Data to us. Depending on the legal basis for processing your Personal Data, you may have some or all of the following rights:
The Right to be Informed
You have the right to be informed about the Personal Data we collect from you, and how we process it.
The Right of Access
You have the right to get confirmation that your Personal Data is being processed and have the ability to access your Personal Data.
The Right to Rectification
You have the right to have your Personal Data corrected if it is inaccurate or incomplete.
The Right to Erasure (Right to be Forgotten)
You have the right to request the removal or deletion of your Personal Data if there is no compelling reason for us to continue processing it.
The Right to Restrict Processing
You have the right to ‘block’ or restrict the processing of your Personal Data. When your Personal Data is restricted, we are permitted to store your data, but not to process it further.
The Right to Data Portability
You have the right to request and get your Personal Data that you provided to Nutrition Coach and use it for your own purposes.
You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. We will provide your data to you within 30 days of your request. To request your personal data, please contact us using the contact information at the bottom of this Policy.
Please note that we may ask you to verify your identity before responding to such requests.
The Right to Object
You have the right to object to us processing your personal data for the following reasons:
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
- Direct marketing (including profiling); and
- Processing for purposes of scientific/historical research and statistics.
- Rights in relation to automated decision-making and profiling.
Automated Individual Decision-Making and Profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Please note that Nutrition Coach does not use any solely automated processing to make decisions about Guests or Members of our Services.
Filing a Complaint with Authorities
You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
For details about your rights under the law, visit https://goo.gl/F41vAV
CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83 our Members and customers who are California residents are permitted to request certain information about the types of information shared by Nutrition Coach with third parties for their direct marketing purposes and the identities of those third parties. To make such a request, please send an email to: [email protected] or write to us using the address found at the bottom of this Policy.
CHILDREN’S PRIVACY PROTECTION
Our Services do not address anyone under the age of 13 (“Children”).
We do not knowingly collect Personal Data from Children in compliance with COPPA (Children’s Online Privacy Protection Act).
If you are a parent or guardian and you are aware that your Children has provided Nutrition Coach with Personal Data, please contact us so that information can be deleted. If we become aware that we have collected Personal Data from Children without verification of parental consent, we will immediately take steps to remove that information from our Services.
PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
If any postings you make on our Services contain information about third parties, you must make sure you have permission to include that information in your posting. While we are not legally liable for the actions of our Users, we will remove any postings about which we are notified if such postings violate the privacy rights of others.
TYPES OF DATA COLLECTED We collect several different types of information for various purposes to provide and improve our Services to you.
While using our Services, we may ask you to provide us with certain Personally Identifiable Information (PII) that can be used to contact or identify you (“Personal Data”). The Personal Data we may collect includes, but is not limited to:
Middle Name or Initial
Credit Card Number
Credit Card Expiration Data
Credit Card Identification Number (CID)
We may also collect information how the Services are accessed and used (“Usage Data”). This Usage Data may include information such the pages of our Services that you visit, the time and date of your visit, the duration of time spent on those pages, etc.
COLLECTION OF DATA
Generally, the User will control the amount and type of information that you provide to us when using our Services, except for limited data that is collected automatically.
Our legal basis for collecting and processing your Personal Data is based on and the necessity for the performance of a contract or to take steps to enter into a contract.
Why We Collect Your Personal Data
Nutrition Coach collects your information in order to record and support your participation in the activities you select. If you register to download an ebook, audio, video, or other resource, sign up for our newsletter, and/or purchase a product or service from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a User of our Services, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for specific content, programs, or services that you are required to provide information.
If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by Nutrition Coach on our Services, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an unsubscribe link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to [email protected] requesting to unsubscribe from future emails or write to us using the address found at the bottom of this Policy.
If you are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by Nutrition Coach on our Services, we will only enroll you to receive our free email newsletter if you affirmatively consent to receive it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an unsubscribe link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to [email protected] requesting to unsubscribe from future emails or write to us using the address found at the bottom of this Policy.
What Happens If You Do Not Give Us Your Personal Data
If you do not provide us with enough Personal Data, will may not be able to provide all the content, features, and products on our Services. However, you can access and use most parts of our Services without giving your Personal Data as a Guest.
WAYS WE COLLECT DATA
We collect Usage Data and Personal Data in several ways, including:
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information also includes the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of hardware device, your computer operating system, and data about your browsing activity when using our Services. We use all this information to analyze trends among our Users to help improve our Services.
Collecting Your Location Information
When you use our services, we may collect and process information about your actual physical location. We use several technologies, like GPS and IP tracking, to determine your location. These technologies may also provide us with information about nearby cell towers, Wi-Fi access points, and other devices.
When Entering and Using Our Services
When you enter our website and use our Services, you agree to accept cookies, some of these cookies may contain your Personal Data.
At Member Registration
When you register as Member, we collect your email address, name, and from time-to-time, other information.
When Buying a Product or ServiceIf you purchase a product or a service from us, we collect your first and last name, email address, physical address, billing address, credit card or other payment information, phone number, and other information listed.
Website Chat Software
Our website contains chat software that enable Users to communicate with us live online or offline by email. In some cases, Users can communicate with us without becoming a Member or buying our products and services. When you use this chat software, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to provide to us. You should limit the information you provide to us that is only necessary to answer your questions.
USE OF DATA
Nutrition Coach strives to offer every User of our Services an interactive and personalized experience without interruption. To do so, we collect Usage Data and Personal Data for various purposes, including:
- To provide and maintain our Services
- To notify you about changes to our Services
- To administer our business activities
- To allow you to participate in specific or membership features of our Services
- To provide customer support
- To inform you about other products and services offered by Nutrition Coach or our partners
- To carry out any contract between you and Nutrition Coach
- To process e-commerce transactions
- To communicate with you about new information and relevant topics of interest
- To administer contests and sweepstakes
- To gather analysis or valuable information so that we can improve our Services
- To monitor the usage of our Services
- To prevent, detect, and address technical issues
Communications and Emails
When we communicate with you about our Services, we will use the email address you provided when you registered as a Member. We may also send you email newsletters, marketing or promotional materials from us and our affiliates, and other information that may be of interest to you. We may use your email address and additional Personal Data to delivery content of purchased services or products. You may opt-out of receiving these communications from us by following the unsubscribe link or instructions provided in every email we send.
If there is a problem and you need assistance with the opt-out process, please send an email to: [email protected] or write to us using the address found at the bottom of this Policy.
Sharing Information with Affiliates, Partners, and Other Third Parties
We do not sell or rent Personal Data to third parties for marketing purposes. However, for data aggregation purposes we may use your Non-Personal Data (NPD), which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your Personal Data. We may provide your Personal Data to third-party service providers we hire to provide services to us. These third-party service providers may include but are not limited to: merchant account providers, credit card processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Sharing Information with Facebook and Google for Marketing Purposes
We may share your Personal Data with third parties for similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we share your Personal Data with for this type of marketing include Facebook and/or Google. Using your Personal Data, for similar audience marketing or lookalike audience marketing helps us find new audiences (Users and customers) based on similar interests to yours, this helps us improve our marketing services. Your Personal Data is only shared with Facebook and/or Google for our marketing purposes. By using our Services and agreeing to our Policy, you are giving your consent for your Personal Data to be used for the marketing purposes described within this section.
RETENTION AND DELETION OF DATA
Nutrition Coach will retain your Personal Data only for as long as is necessary for the purposes set out in this Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Nutrition Coach will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.
Your Usage Data and Personal Data may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer all data, including Personal Data, to United States and process and store it there.
We will use your Personal Data to provide the goods, services, and/or information you request from us. We will also use your Personal Data to perform a contract with you or to satisfy a legitimate interest of our Company in a manner that does not outweigh your freedoms and rights. Wherever we transfer, process or store your Personal Data, we will take reasonable steps to ensure that your data is treated securely and in accordance with this Policy.
By using our Services, you agree to the transfer of your Personal Data to Nutrition Coach and consent to this Policy.
UPDATING OF DATA
You can update or change your Personal Data using our Services.
If no such option exists for updating that specific Personal Data or you are unable to change your Personal Data, please contact us to make the required changes. Please send an email to: [email protected] or write to us using the address found at the bottom of this Policy.
However, we may also keep your older Personal Data temporarily on file to enforce our agreements and to comply with any legal obligations.
DISCLOSURE OF DATA
Nutrition Coach may disclose your Personal Data in the following situations:
Assignment of Rights Due to Business Transaction
We also retain the right to transfer your Personal Data if our Company files for bankruptcy and some or all of our assets are sold to another individual or business.
Disclosure for Law Enforcement
Under certain circumstances, Nutrition Coach may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Nutrition Coach may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Nutrition Coach
- To prevent or investigate possible wrongdoing in connection with the Services
- To protect the personal safety of Users of the Services or the public
- To protect against legal liability
SECURITY OF DATA
The security of your data is important to us and we will follow commercially acceptable means to keep your Personal Data secure and confidential.
While we strive to protect your Personal Data using industry-standard measures and authentication tools; nevertheless, we cannot guarantee its absolute security as there is no method of transmission over the Internet nor method of electronic storage which is 100% secure.
We and the third parties who provide services for us, also maintain technical and physical safeguards to protect your Personal Data. When we collect your credit card information through our Services, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your Personal Data or guarantee secure data transmission over the Internet because of its nature.
To use certain features of our Services, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. You agree to notify Nutrition Coach immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
It is your responsibility to protect your own username and password from disclosure to others. Nutrition Coach cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your personal information at your own risk.
By using our Services, you agree to enter true and accurate information. If you enter a bogus email address, we have the right to immediately inactivate your account.
Nutrition Coach will use our best efforts to keep your username and password private and will not otherwise share your password without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send Personal Data to us by email. However, doing so is allowed, but at your own risk. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone.
Voluntary Disclosure of Personal Data via Submissions
Our Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comments, direct messaging, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).
Our Communication Services may allow Members and Guests to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Submissions”). You are responsible for the Submissions that you post on or through our Communication Services, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for Submissions you or any third-party posts on or through our Communication Services.
The Submissions on our Communication Services may be viewed publicly and may be collected and used by third parties without our knowledge. We do not filter or monitor such voluntary Submissions. Any Personal Data you post on our Services for publication may be available worldwide by means of the Internet. We cannot prevent the use or misuse of such Submissions by others, such as unsolicited messages from other individual and third parties. Such activities are beyond the control of Nutrition Coach.
If you choose to post Submissions on Communication Services, you should use care when exposing any Personal Data, as such information is not protected by our Policy nor are we liable if you choose to disclose your Personal Data through such postings.
REVOKING YOUR CONSENT FOR USING YOUR PERSONAL DATA
You have the right to revoke your consent for us to use your Personal Data at any time. Such an opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as credit card processing, computer system services, shipping, data management services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept. If you want to revoke your consent for us to use your Personal Data, send us an email with your request to [email protected] or write us at the address at the bottom of this Policy.
COOKIES, PIXELS, AND WEB BEACONS
We may employ third party companies and individuals to facilitate our Services (“Service Providers”), to provide the Services on our behalf, to perform Services-related functionality, or to assist us in analyzing how our Services are used.
These third parties have access to your Personal Data only to perform these tasks on the behalf of Nutrition Coach and are obligated not to disclose or use it for any other purpose.
The main online Service Providers we work with are:
Drip & Leadpages
We may use third-party Service Providers to monitor and analyze the use of our Services and provide web analytics.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Nutrition Coach, from time-to-time, uses Google’s remarketing advertising service.
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides Users with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Nutrition Coach, from time-to-time, uses Facebook’s remarketing advertising service.
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid services and/or products within our Services.
Use of Your Credit Card
You may have to provide a credit card to buy a product or service from our Services. In that case, we use third-party services for payment processing (“Payment Processors”). Nutrition Coach has no control over these third-party services. We use our commercially reasonable efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
The Payment Processors we work with are:
LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.
“DO NOT TRACK” SIGNALS
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
This Policy applies only to Personal Data collected through our online Services. This Policy does not apply to not to any information collected offline.
Please see the Dispute Resolution section within our Terms of Service for a complete explanation of the dispute process.
CHANGES TO THIS POLICY
We may update our Policy from time to time. You are advised to review this Policy periodically for any changes. We will notify you of any changes by posting the new Policy on this page.
By using our Services following the changes to the Policy, you consent and agree to those Policy changes.
If you have any questions about this Policy, please contact us:
Nutrition Coach LLC
4230 East Towne Blvd #329
Madison, WI 53704
By visiting this page on our website: