PRIVACY NOTICE

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Last updated: 4/20/2021

 

Thank you for choosing to be part of my community at The Fitness Alchemist. I am committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or my practices with regards to your personal information, please contact me at ryan@thefitnessalchemist.com

 

When you visit my website http://www.thefitnessalchemist.com and more generally, use any of my services, which include the Website, I appreciate that you are trusting me with your personal information. I take your privacy very seriously. In this privacy notice, I seek to explain to you in the clearest way possible what information I collect, how I use it and what rights you have in relation to it. I hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of my Services immediately.

 

This privacy notice applies to all information collected through my Services (which, as described above, includes my Website), as well as, any related services, sales, marketing or events.

 

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

 

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TABLE OF CONTENTS

1. WHAT INFORMATION DO I COLLECT?

2. HOW DO I USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. DO I USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW LONG DO I KEEP YOUR INFORMATION?

6. HOW DO I KEEP YOUR INFORMATION SAFE?

7. DO I COLLECT INFORMATION FROM MINORS?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO I MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?

13. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA I COLLECT FROM YOU?

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1. WHAT INFORMATION DO I COLLECT?

 

Personal information you disclose to me 

In Short: I collect personal information that you provide to me.

 

I collect personal information that you voluntarily provide to me when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact me.

 

The personal information that I collect depends on the context of your interactions with me and the Website, the choices you make and the products and features you use. The personal information I collect may include the following:

 

Personal Information Provided by You. I collect names, phone numbers, email addresses, mailing addresses, usernames, passwords, billing addresses, debit/credit card numbers, contact or authentication data, and other similar information.

 

All personal information that you provide to me must be true, complete and accurate, and you must notify me of any changes to such personal information.

 

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit my Website.

 

I automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use my Website and other technical information. This information is primarily needed to maintain the security and operation of my Website, and for my internal analytics and reporting purposes.

 

Like many businesses, I also collect information through cookies and similar technologies. 

 

The information I collect includes:

 

Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information my servers automatically collect when you access or use my Website and which I record in log files. Depending on how you interact with me, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).

Device Data. I collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.

 

Location Data. I collect location data such as information about your device's location, which can be either precise or imprecise. How much information I collect depends on the type and settings of the device you use to access the Website. For example, I may use GPS and other technologies to collect geolocation data that tells me your current location (based on your IP address). You can opt out of allowing me to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

 

2. HOW DO I USE YOUR INFORMATION?

 

In Short: I process your information for purposes based on legitimate business interests, the fulfillment of my contract with you, compliance with my legal obligations, and/or your consent.

 

I use personal information collected via my Website for a variety of business purposes described below. I process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with my legal obligations. I indicate the specific processing grounds we rely on next to each purpose listed below.

 

I use the information I collect or receive:

 

• To facilitate account creation and logon process. If you choose to link your account with me to a third-party account (such as your Google or Facebook account), I use the information you allowed me to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

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• To post testimonials. I post testimonials on my Website that may contain personal information. Prior to posting a testimonial, I will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact me at ryan@thefitnessalchemist.com and be sure to include your name, testimonial location, and contact information.

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• Request feedback. I may use your information to request feedback and to contact you about your use of my Website.

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• To enable user-to-user communications. I may use your information in order to enable user-to-user communications with each user's consent.

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• To manage user accounts. I may use your information for the purposes of managing my account and keeping it in working order.

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• To send administrative information to you. </strong>We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

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• To protect my Services. I may use your information as part of my efforts to keep my Website safe and secure (for example, for fraud monitoring and prevention).

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• To enforce my terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with my contract.

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• To respond to legal requests and prevent harm. If I receive a subpoena or other legal request, I may need to inspect the data I hold to determine how to respond.

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• Fulfill and manage your orders. I may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website

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• Administer prize draws and competitions. I may use your information to administer prize draws and competitions when you elect to participate in my competitions.

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• To deliver and facilitate delivery of services to the user. I may use your information to provide you with the requested service.

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• To respond to user inquiries/offer support to users. I may use your information to respond to your inquiries and solve any potential issues you might have with the use of my Services.

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• To send you marketing and promotional communications. I and/or my third-party marketing partners may use the personal information you send to me for my marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about me or my Website, subscribing to marketing or otherwise contacting me, I will collect personal information from you. You can opt-out of my marketing emails at any time (see the WHAT ARE YOUR PRIVACY RIGHTS? below).

 

• Deliver targeted advertising to you. I may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

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• For other business purposes. I may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of my promotional campaigns and to evaluate and improve my Website, products, marketing and your experience. I may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. I will not use identifiable personal information without your consent.

 

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

 

In Short: I only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. 

 

I may process or share your data that I hold based on the following legal basis:

 

• Consent: I may process your data if you have given me specific consent to use your personal information for a specific purpose.

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• Legitimate Interests: I may process your data when it is reasonably necessary to achieve my legitimate business interests.

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• Performance of a Contract: Where I have entered into a contract with you, I may process your personal information to fulfill the terms of my contract.

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• Legal Obligations: I may disclose your information where I am legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
   

• Vital Interests: I may disclose your information where I believe it is necessary to investigate, prevent, or take action regarding potential violations of my policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which I am involved.

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More specifically, we may need to process your data or share your personal information in the following situations:

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• Business Transfers. I may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

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4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

 

In Short: I may use cookies and other tracking technologies to collect and store your information.

 

I may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how I use such technologies and how you can refuse certain cookies is set out in my Cookie Notice.

 

5. HOW LONG DO WE KEEP YOUR INFORMATION?

 

In Short: I keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

 

I will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than three (3) months past the termination of the user's account. 

 

When I have no ongoing legitimate business need to process your personal information, I will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then I will securely store your personal information and isolate it from any further processing until deletion is possible.

 

6. HOW DO WE KEEP YOUR INFORMATION

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In Short: I aim to protect your personal information through a system of organizational and technical security measures.

 

I have implemented appropriate technical and organizational security measures designed to protect the security of any personal information I process. However, despite my safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so I cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat my security, and improperly collect, access, steal, or modify your information. Although I will do my best to protect your personal information, transmission of personal information to and from my Website is at your own risk. You should only access the Website within a secure environment.

 

7. DO I COLLECT INFORMATION FROM MINORS?

 

In Short: I do not knowingly collect data from or market to children under 18 years of age.

 

I do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If I learn that personal information from users less than 18 years of age has been collected, I will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data I may have collected from children under age 18, please contact me at ryan@thefitnessalchemist.com
 

8. WHAT ARE YOUR PRIVACY RIGHTS?

 

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

 

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. I will consider and act upon any request in accordance with applicable data protection laws.

 

If I am relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

 

If you are a resident in the EEA or UK and you believe I am unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. 

 

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html. 

 

If you have questions or comments about your privacy rights, you may email me at ryan@thefitnessalchemist.com. 

 

Account Information

 

If you would at any time like to review or change the information in your account or terminate your account, you can:

 

• Log in to your account settings and update your user account.

 

• Contact me using the contact information provided.

 

Upon your request to terminate your account, I will deactivate or delete your account and information from my active databases. However, I may retain some information in my files to prevent fraud, troubleshoot problems, assist with any investigations, enforce my Terms of Use and/or comply with applicable legal requirements.

 

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of my Website. To opt-out of interest-based advertising by advertisers on my Website visit http://www.aboutads.info/choices/. 

 

Opting out of email marketing: You can unsubscribe from my marketing email list at any time by clicking on the unsubscribe link in the emails that I send or by contacting me using the details provided below. You will then be removed from the marketing email list — however, I may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

 

• Access your account settings and update your preferences.

 

• Contact me using the contact information provided.

 

9. CONTROLS FOR DO-NOT-TRACK FEATURES

 

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, I do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that I must follow in the future, I will inform you about that practice in a revised version of this privacy notice.

 

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

 

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

 

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits my users who are California residents to request and obtain from me, once a year and free of charge, information about categories of personal information (if any) I disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which I shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to me using the contact information provided below.

 

If you are under 18 years of age, reside in California, and have a registered account with Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact me using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. I will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all my systems (e.g. backups, etc.).

 

CCPA Privacy Notice

 

The California Code of Regulations defines a "resident" as:

 

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

 

All other individuals are defined as "non-residents."

 

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

 

What categories of personal information do I collect?

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I may also collect other personal information outside of these categories instances where you interact with me in-person, online, or by phone or mail in the context of:

 

• Receiving help through customer support;

 

• Participation in customer surveys or contests; and

 

• Facilitation in the delivery of our Services and to respond to your inquiries.

 

How do I use and share your personal information?

 

More information about my data collection and sharing practices can be found in this privacy notice. 

 

You may contact me by email at ryan@thefitnessalchemist.com, or by referring to the contact details at the bottom of this document.

 

If you are using an authorized agent to exercise your right to opt-out I may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

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Will your information be shared with anyone else?

 

I may disclose your personal information with my service providers pursuant to a written contract between myself and each service provider. Each service provider is a for-profit entity that processes the information on my behalf.

 

I may use your personal information for my own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

 

The Fitness Alchemist has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. The Fitness Alchemist will not sell personal information in the future belonging to website visitors, users and other consumers.

 

Your rights with respect to your personal data

 

Right to request deletion of the data - Request to delete

 

You can ask for the deletion of your personal information. If you ask me to delete your personal information, I will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

 

Right to be informed - Request to know

 

Depending on the circumstances, you have a right to know:

 

• whether I collect and use your personal information;

 

• the categories of personal information that I collect;

 

• the purposes for which the collected personal information is used;

 

• whether I sell your personal information to third parties;

 

• the categories of personal information that I sold or disclosed for a business purpose;

 

• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

 

• the business or commercial purpose for collecting or selling personal information.

 

In accordance with applicable law, I am not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

 

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

 

I will not discriminate against you if you exercise your privacy rights.

 

Verification process

 

Upon receiving your request, I will need to verify your identity to determine you are the same person about whom I have the information in my system. These verification efforts require me to ask you to provide information so that I can match it with information you have previously provided me. For instance, depending on the type of request you submit, I may ask you to provide certain information so that I can match the information you provide with the information I already have on file, or I may contact you through a communication method (e.g. phone or email) that you have previously provided to me. I may also use other verification methods as the circumstances dictate.

 

I will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, I will avoid requesting additional information from you for the purposes of verification. If, however, I cannot verify your identity from the information already maintained by me, I may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. I will delete such additionally provided information as soon as I finish verifying you.

 

Other privacy rights

 

• you may object to the processing of your personal data

 

• you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data

 

• you can designate an authorized agent to make a request under the CCPA on your behalf. I may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

 

• you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, I will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

 

To exercise these rights, you can contact me by email at ryan@thefitnessalchemist.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how I handle your data, I would like to hear from you.

 

11. DO WE MAKE UPDATES TO THIS NOTICE?

 

In Short: Yes, I will update this notice as necessary to stay compliant with relevant laws.

 

I may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, I may notify you either by prominently posting a notice of such changes or by directly sending you a notification. I encourage you to review this privacy notice frequently to be informed of how I am protecting your information.

 

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

 

If you have questions or comments about this notice, you may email me at ryan@thefitnessalchemist.com.  

 

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request via email to me at ryan@thefitnessalchemist.com.

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