Last Revised: June 1, 2017
BY USING THIS APP, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE THE APP OR SUBMIT PERSONAL INFORMATION TO US IN ANY MANNER.
WORKING AGAINST GRAVITY TECHNOLOGIES, LLC (hereinafter, “Company” or “We”) understand the importance that Internet users place on privacy. This Privacy Policy outlines the types of Personal Information that you may provide to us on any web site controlled by the Company which link to this Privacy Policy (referred to, individually and collectively, as the "web site") and explains how the Company handles such Personal Information.
By using this web site, you accept the privacy practices contained in this Privacy Policy. These privacy practices may change from time to time, but any changes will be posted. You are encouraged to review the Privacy Policy whenever you visit the web site to make sure you understand how any personal information you provide will be used.
California residents, please also see the “Note to California Residents” section for additional rights that apply to you.
1. Information We Collect
A. Personally Identifiable Information
In order to serve our customers, we collect personally identifiable information like, names, addresses, phone numbers, e-mail addresses, certain health and fitness information, and sometimes credit card information when voluntarily submitted by our visitors. Voluntary submissions can occur when visitors purchase our coaching services, register for contests, make content submissions, make suggestions or participate in online interactive activities.
For example, you may submit your name, postal address, e-mail address, and/or other information in order to receive information about various subjects, register for programs, contact customer service, or respond to surveys.
Upon enrolling in one of our coaching programs, you may also be asked to voluntarily submit personal information to us through an online form to help you achieve your health and wellness goals, such as your:
After you have entered Personal Information into a form or data field on the web site, the Company may use certain identifying technologies to allow that web site to "remember" your personal preferences, such as sections of the web site that you use frequently. Company may also use this Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding our products or services, to invite you to participate in surveys about our products, or to notify you about special promotions.
We may also consolidate the Personal Information of individuals who use the web site. We use this information to help us better design our web site and products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.
By submitting your email address on this web site, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party.
By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us.
In addition, you agree that by submitting your telephone contact information on this web site and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the United States’ Amended Telemarketing Sales Rule (ATSR), 16 CFR '310 et seq., the Telecommunications Act (Canada), and any applicable federal, national, state, provincial and local "do not call" regulations, and as such any subsequent telemarketing communications between you and us are considered exempt telecommunications. We and the specific third-party service providers receiving your data as described herein retain the right to contact you via telemarketing in accordance with the United States ATSR or the Canadian Unsolicited Telecommunications Rules and any other applicable regulations.
B. Non-Personally Identifiable Information
We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure site activity to identify future improvements that should be made, and compile aggregate data to help serve site visitors better.
Certain non-personal information of visitors is recorded by the standard operation of Internet servers of ours. Information that we may track includes the visitor’s type of operating system (e.g., iOS, Android, Windows) and the type of browser (e.g., Internet Explorer, Chrome, Firefox, Safari). Like many other websites, we make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the web site, track user's movement around the web site, and gather demographic information, IP addresses, and other such information. In addition, certain Personal Information may be collected using various technologies, such as cookies, Internet tags, and web beacons. As detailed more particularly below, our web site does use cookies to track visitor preferences. Collectively, this information is primarily used to provide an enhanced online experience for the visitor. We may also use this information as an internal review of the number of visitors to the web site, but only in an aggregate and non-personally identifiable form.
To provide you with a more relevant and interesting experience, we may participate in behavioral-based advertising. This means that our Company and/or any third parties may place a cookie on your browser, or use a web beacon, to collect information about your use of our web site so that they can provide advertising about products and services tailored to your interest (including, without limitation, products and services offered by the Company and its affiliates). These third-party ad servers or ad networks use technology to the advertisements and links that appear on the web site sent directly to your browser. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or web beacons) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see. Our Company has no access to or control over these cookies that are used by third-party advertisers. You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices, as we have no control over the privacy practices of any third-party web sites.
Cookies are text files that are used by your computer’s web browser to store your preferences, and enable us to enhance your user experience with our web site. Third-party retargeting networks may also use cookies to display our advertisements to you on other sites. You can opt-out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.
Emails or newsletters that we send electronically may use techniques such as web beacons or pixel tags to gather email metrics and information to improve the reader’s experience, such as the number of emails that are opened, whether they were forwarded or printed, the type of device from which they were opened, and the location (e.g. city, state, and county) associated with the applicable IP address.
If you visit this web site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this web site with an open ID, the number of items “liked” on this web site, or items on this web site that you choose to share with a third-party social media site. Other parties such as advertising partners and analytics companies may also be collecting information about your online activity across various websites over time. The information collected by those third parties may include identifiers that allow those third parties to tailor the ads that they serve to your computer or other device. Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined. Please note that you do have the option to configure most web browsers to NOT accept cookies. However, be aware that disabling cookies may keep you from having access to some functions or services on our web site or the web-hosted software that runs on our web site.
2. How We Use Your Information
Any personal information that you supply to us remains your personal property. However, by submitting that information to Company and accepting the terms of this Privacy Policy, you grant us the right to use your personal information for any legal purpose including, without limitation: (a) to deliver the services you have purchased or requested; (b) to help the Company better understand visitors' use of the web site; (c) to respond to specific requests from visitors; (d) to provide notices to visitors, such as marketing information, discount coupons and new product offerings; and (e) to protect the security or integrity of the web site.
By submitting your information to the Website and consenting to receive communications or solicitations from Company, you grant Company the right to use that information for marketing purposes, and agree to receive email marketing from the Website. We may maintain separate email lists for different purposes. In order to end your email subscription to a particular list, you must follow the instructions contained in any email correspondence that you receive from Company. Unsubscribing from one list will not automatically unsubscribe you from all email lists. We only send email marketing to individuals that have agreed to receive solicitations from Company.
Though we make every effort to preserve user privacy, we may be required to disclose personal information in some instances, such as: (a) when required by law wherein we have a good faith belief that such action is necessary to comply with a judicial proceeding, court order, and/or subpoena; (b) in the event that Company is sold or acquired; or (c) in the event that we believe that the web site is being, or has been, used in violation of our terms and conditions or to commit unlawful acts. Moreover, you hereby consent to the disclosure of any record or communication to any third party when Company, in its sole discretion, determines the disclosure to be appropriate in the circumstances.
3. Transmission of Personal Information to Third Parties
We may, for the purpose of providing services to you through our web site, directly or indirectly, transfer personal information collected to a parent corporation, subsidiary, affiliate, contractor or subcontractor (a "Service Provider") that, directly or indirectly, provides a service for or on behalf of Company, and is located outside the United States or outside Canada. This includes, but is not limited to, entities in other states within the United States and Canadian provinces that may provide Company services including telephone solicitation services, database and web administration, customer service and financial accounting.
We may sell non-personally identifiable information (that doesn’t allow anyone to be identified personally), such as age, weight, and food intake to third parties, such as for data research, health advancement, and other purposes.
Except for the reasons specifically set forth herein or as otherwise disclosed during the collection, this information will not be sold, transferred or otherwise disclosed to anyone other than authorized recipients, unless otherwise required by law.
To the extent that any of the sites accessible through this web site has different practices, those different practices will be applicable at those sites. Company is not responsible for the practices, policies or content applicable to these third-party sites. Our inclusion of a link to another site does not imply any endorsement by Company.
Additionally, if our Company sells one of its product lines or divisions, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Finally, the Company reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in our sole discretion.
4. Security of Personal Information
Our Company undertakes reasonable efforts to ensure that Personal Information is protected while you are on this web site. All information collected from you is stored in a technically and physically secure environment. Furthermore, employees, contractors, and vendors who have access to your personally identifiable information in connection with providing services for us are required to keep the information confidential.
We use SSL encryption to protect sensitive information online, and we do everything we can to protect user information offline. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk.
5. Links to Other Web sites
Our web site may contain links to web sites operated by others. Each of those third-party web sites maintains its own policies about the collection, use and security of Personal Information. Our Company is not responsible for the manner in which others use your Personal Information. Before providing Personal Information to any other web site, you should read its privacy policy and terms of use, and ensure they are acceptable to you. We make no endorsement of or representation about any such web sites, or any information, software, or other products or materials found there, or any results that may be obtained from using them.
If you decide to access any web site linked to in this web site, you do so entirely at your own risk. We do not guarantee that you will receive an alert when you leave our web site, and it is your responsibility to determine when you have left the web site and entered onto a third-party web site that is governed by different privacy practices. The Company recommends that you review any third-party web site's privacy policies before submitting any information. We assume no responsibility for and shall not be liable for the privacy, terms of use, or other policies of any third-party web site, any damage to, or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any third-party web site that you may have navigated to or accessed from links hosted on or contained on our web site.
We pride ourselves in recommending quality companies. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers.
6. Children’s Privacy
Consistent with the Children's Online Privacy Protection Act, our Company is committed to protecting children's privacy on the Internet. We do not knowingly intend to collect personally identifiable information from children under 18 years of age. If your minor child has provided us with Personal Information, you may contact us using the information listed in the section entitled “Contacting Us” if you want this information deleted from our records. We will then make reasonable efforts to remove your child’s information from the database that stores the information.
7. IP Addresses
We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.
8. Our Data Security Policy
All collected information is stored in a technically and physically secure environment. Furthermore, access to this information is strictly limited, and the information is not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all user information. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we use appropriate industry standard procedures to safeguard the confidentiality of your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data.
In addition, Company has security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised that, although we take every reasonable technological precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Please ensure that you take all necessary precautions to protect your personal information while online.
9. Withdrawing Consent
To stop receiving future communications or solicitations from Company, please unsubscribe according to the instructions contained in any correspondence you receive from Company. As noted in Section 1(a) of this Privacy Policy, it may be necessary to unsubscribe from more than one email list as the Company may maintain and use separate email lists for different purposes.
10. Contacting Us
If you need to contact us, you can email us at support@getseismic.com.
If you have questions about the use, amendment, or deletion of Personal Information that you have provided to our Company, or if you would like to opt out of future communications from us, please contact us using the above information.
In all communications with us, please include the e-mail address used for registration (if applicable), the web site address or the specific program to which you provided Personal Information and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put "Deletion Request" or "Amendment Request", as applicable, in the subject line of the correspondence. We will do our best to respond to all reasonable requests in a timely manner.
11. Terms of Use
Please read the Terms of Use Policy carefully to understand other terms and conditions that govern your use of this Website. The Terms of Use Policy is hereby incorporated by reference as part of this Privacy Policy.
12. Severability
If any part of this Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
13. Note to California Residents
If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.
Alternatively, the law provides that if a company has a Privacy Policy that gives either an opt-out (often referred to as “unsubscribe”) or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, that the company may instead provide you with information on how to exercise your disclosure choice options.
This web site qualifies for the alternative option; it has a comprehensive Privacy Policy and provides you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and want to request information about how to exercise your third-party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Please send an email to the Privacy Administrator at support@getseismic.com.
All requests must be labeled "Your California Privacy Rights" on the email subject line and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please include your zip code for our own recordkeeping.
We do not accept requests via mail, telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.