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Privacy

FACTOR 75 PRIVACY POLICY

Your privacy and the security of your personal information are very important to us. We want you to be as comfortable as possible visiting our Website and ordering our food products (“Products”). This Privacy Policy explains how we collect your personal information, how we protect your personal information, and the choices you have concerning the use of such information. Please read this Privacy Policy carefully. Except as disclosed in this Privacy Policy, we will not sell, share, license, trade, or rent your personal information to others. We may amend this Privacy Policy from time to time. We will post any changes to this Privacy Policy here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this Privacy Policy on a regular basis. By using our Website or ordering our Products through our Website, you agree to the terms of this Privacy Policy.

WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU?

We collect personal information you manually provide us, including, but not limited to:

  • Your first and last name
  • Mailing address
  • Email address
  • Telephone number
  • Birth date
  • Profession
  • Meal preferences
  • Taste preferences
  • Dietary lifestyle

We may request personal information from you when you register on our Website or order Products. In all of these cases, we will collect personal information from you only if you voluntarily submit such information to us. Unless you give us permission to do so, we will not sell, share, license, trade or rent your personal information other than as specified in this Privacy Policy. You do not have to provide us with any personal information to visit our Website, although we automatically collect certain information about your web browser or mobile device, as discussed below. If you choose to withhold requested information, you may not be able to order our Products.

When you use or browse our Website, we collect information that is automatically sent to us by your web browser or mobile device. This information typically includes your user IP address, browser type, domain name, and other statistical data involving the use of our Website. The information we receive may depend on your browser or device settings.

This information is used to help us understand who uses our Website and to improve and market our Website and Products in general.

We may also supplement the personal information we collect with information from other sources to assist us in evaluating and improving our Website and Products, to determine your preferences so that we can tailor our Website and Products to your needs, and to study nutritional, behavioral, and fitness questions in general.

We work with a third-party service provider to offer our Internet-based nutrition counseling services. If you participate in these services, our service provider may collect additional personal information about you, including, but not limited to, your physical characteristics, eating habits and caloric intake, sleeping habits, changes in weight, and your progress with respect to exercises and activities. Any such personal information transferred to us by our service provider is pursuant our role as a Business Associate under the Health Insurance Portability and Accountability Act of 1996. Our service provider has a separate and independent privacy policy, and we therefore have no responsibility or liability for the activities of our service provider. We urge you to read the privacy policy of our service provider before you agree to utilize our nutrition counseling services.

WHERE AND WHEN IS PERSONAL INFORMATION COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE PRODUCTS (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

We collect personal information (from you in different manners and at different places and times on our Website, such as when you register to visit a certain page on our Website or order Products. The following is a description of the areas and/or manners in which we primarily collect information about you.

Becoming a Registered User. In order to use our Website for purchasing our Products, you must first complete certain steps to become a registered user. During these steps, you may be required to provide us with personal information. This information is used to help us understand who uses our Website, to improve our Website, to monitor and improve our online ordering process, and to contact users with regards to their use of our Website and the purchase of our Products. We encourage you to provide demographic information so that we can provide a more personalized experience on our Website.

Cookies and Action Tags. We also collect personal information passively using “cookies” and “action tags”. “Cookies” are small text files that are placed on your computer or mobile device in order to identify (i) your Web browser, (ii) the activities of your computer on our Website, and (iii) your activity in connection with our advertisements and other marketing and promotional efforts. Cookies may be used to: personalize your experience on our Website (e.g., to dynamically generate content on web pages specifically designed for you); assist you in ordering our Products (e.g., to save you time by not having to reenter your name upon each visit to our Website); and allow us to statistically monitor how you are using our Website for purposes of improving our online offerings. We also may use cookies to conduct marketing and promotional efforts, tailor certain advertisements to your browser that we think may be of interest to you, or to determine the popularity of certain Products or content.

We may link the information stored in cookies to personal information you provide us, and to personalize your Website experience we may store Personally Identifiable Information in an encrypted form in temporary or “session” cookies, which are erased when you close your browser. You do not have to accept cookies to use our Website; however, you may not be able to use our Website to its fullest advantage if you do not accept cookies. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. “Action tags”, also known as web beacons or GIF tags, are a web technology used to help track anonymous website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of our Website, including advertisements or e-mail sent on our behalf, may contain action tags. Unlike cookies, action tags are not placed on your computer. For example, third-party ad servers may track anonymous website usage through action tags on our Website and other websites. They do this by setting a cookie (or reading a cookie previously placed by them) on users'computers to track the activities of users who view a web page that contains action tags. Third-party ad servers may use information about your visits to this Website in order to provide advertisements about goods and services that may be of interest to you. They may report the anonymous data that they collect on our behalf back to us for our internal use and analysis and our treatment of this anonymous data is governed by the terms of this Privacy Policy. By using cookies and action tags together, we are able to gain valuable information to improve our Website and our Products. We do not disclose any of your personal information to our advertising partners through the use of cookies or action tags. Finally, please note that advertisers and other third parties may also use their own cookies or action tags when you click on their advertisement or link to their website or service, on or from our Website.

Social Media (Features) and Widgets. Our Website includes social media features, such as the Facebook Like button and other Widgets such as the Share this button (collectively, the “Features”). These Features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the Features to function properly. The Features are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy policy of the company providing it.

Log Files. We also collect personal information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other statistical data involving the use of our Website. This information may be used to analyze trends, to administer the Website, to monitor our Website's use, and to gather general demographic information. We may link this information to personal information for these and other purposes such as personalizing your experience on our Website.

DO WE COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. Our Website and Products are not designed for or directed to children under the age of 13. We do not collect personal information from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children's exploration of the Internet and to teach their children about protecting their personal information while online.

In general, we use the information collected to help us understand who uses our Website, how our Website is used, who orders our Products, the volume of Product orders, how to improve our Products, and how to personalize your experience. If you become a registered user of our Website, we may use your information to send you a welcoming email that may confirm your username. If you "opt-in" (for example, if you check a box, or if the box is pre-checked, you do not opt out by unchecking the box) we may send you electronic newsletters, contact you about our Products, provide you with news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your personal information to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to contact you about important service announcements and updates regarding our Website or Products. If you are a registered user, we may use the information to contact you about your account. You will not be able to opt-out of these service announcements and updates as they contain important information relevant to your use of our Website or with non-promotional information about our Products. If you do not wish to receive these service announcements, you may cancel your account with us. We may also use the information gathered on our Website and Products ordered by you to perform statistical analysis of user behavior; to analyze and evaluate issues relating to nutrition, behavior and fitness; or to evaluate and improve our Products. We may link some of this information to personal information for internal purposes only.

WHEN DO WE DISCLOSE PERSONAL INFORMATION TO THIRD PARTIES?

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you.

Legal Requirements and Business Transfers. We may disclose your personal information (i) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process, (ii) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Use, (iii) to protect the safety and security of our users, our Website, or the general public, (iv) in the event that we are subject to mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party.

Third Parties Generally. We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website. The third parties to which we may provide this information may include our webmaster, potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers, and other similar parties.

Outside Contractors. We may employ independent contractors, vendors, and suppliers (collectively, "Outside Contractors") to provide specific services and products related to our Website or our Products, such as providing payment processing and fraud screening, and developing applications for our Website and e-mail services. These Outside Contractors may sometimes have limited access to information collected on our Website, including your personal information, in the course of providing products or services to us. Access to your personal information by these contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us. We also require that these Outside Contractors (i) protect the privacy of your personal information consistent with this Privacy Policy, and (ii) not use or disclose your personal information for any purpose other than providing us with products or services for which we contracted.

Our Website may contain links to other websites not owned or operated by Factor 75. We will attempt to make it obvious to you when you leave our Website and enter these websites by opening a new browser or otherwise notifying you that you are leaving our Website. However, please be aware that we are not responsible for the privacy practices of such websites. We encourage you to be aware when our Website links to other websites and to read the privacy policies or statements of each and every website. This Privacy Policy applies solely to information collected by us.

IS THE PERSONAL INFORMATION WE COLLECT SECURE?

We want your personal information to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the personal information you provide to us via the Internet at the time you elect to become a registered user, we use Secured Socket Layer (SSL) encryption technology in transmitting such personal information over the Internet to our servers. We secure the personal information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees who need access to your information to perform a specific task or function are granted access to such information. All Factor 75 employees must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, up to and including termination. Notwithstanding the above commitments to protect your personal information from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

WHAT CHOICES DO YOU HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONAL INFORMATION?

Preferences and Accounts.

You can always contact us in order to: (1) update or correct your personal information; (2) change your preferences with respect to communications and other information you receive from us; or (3) delete the personal information maintained about you on our systems, by logging onto our web site by using your user name and password. Such updates, corrections, changes, and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change, or deletion. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our systems. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personal information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personal information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate. We will respond to your request within 30 days.

Email preferences.

You cannot opt out of transactional emails related to your membership/registration with our Website. However, you can opt out of promotional emails we send you. If you wish to stop receiving promotional emails, simply select “unsubscribe” located at the bottom of each communication.

Cookies.

Most web browsers automatically accept cookies, but you can change your browser’s settings to disable all or certain cookies if you wish. Please note that by disabling or deleting cookies, you may not be able to access the full functionality of our Site. Disabling or clearing cookies also may affect cookie-based opt-outs by either preventing you from using such cookie-based opt-outs or clearing opt-outs that you previously set.

Do Not Track.

Because there currently is not an industry or legal standard for recognizing or honoring Do Not Track (“DNT”) signals, we do not respond to them at this time.

LOCATION OF OUR WEBSITE

Our Website is hosted and operated in the United States. However, we and our service providers may store information about individuals in the United States, or we may transfer it to, and store it within, other countries.

Visitors from jurisdictions outside the United States visit us at their own choice and risk.

If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States or elsewhere. Please note that the level of legal protection provided in the United States from which you may access our Website may not be as stringent as that under privacy standards or the privacy laws of other countries, possibly including your home jurisdiction.

YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to applicable California law, including the CCPA, we make the following disclosures regarding the personal information we collect:

Category of Personal InformationCategory of Source from Which Data is CollectedPurpose of CollectionCategory of Third Parties to Whom Data is Disclosed
Mailing address, email address, telephone number, birth date, profession, meal preferences, taste preferences, dietary lifestyleDirectly from userTo help understand who uses our Website, to improve our Website, to monitor and improve our online ordering process, to contact users with regards to their use of our Website and the purchase of our Products.Service providers
IP address, browser type, domain name, the activities of users’ computers on our Website, users’ activities in connection with our advertisements and other marketing and promotional efforts, and other statistical dataCookies/action tagsTo analyze trends, to administer the Website, to monitor our Website's use, to gather general demographic information, to conduct marketing and promotional efforts, tailor certain advertisements to users’ browsers that we think may be of interest to users, to determine the popularity of certain Products or content. to personalize users’ experience on our Website; to assist users in ordering our Products; to allow us to statistically monitor how users are using our Website for purposes of improving our online offerings.N/A

We have not sold consumers’ personal information in the twelve (12) months preceding the Effective Date of this Policy.

If you are a California resident, pursuant to the CCPA, you have the right to request:

  • the categories of personal information we have collected about you;
  • the categories of sources from which your personal information is collected;
  • the business or commercial purpose of collecting or selling your personal information;
  • the categories of third parties with whom we share your personal information;
  • the specific pieces of personal information we have collected about you;
  • the categories of personal information that we have sold about you and the categories of third parties to whom the personal information was sold, if applicable;
  • deletion of your personal information; and
  • an opt out of having your personal information disclosed or sold to third parties.

To submit a request, or designate an authorized agent to make a request under the CCPA on your behalf, please contact us at data_request@factor75.com or make request here. To verify your identity when you submit a request, we will match the identifying information you provide us to the personal information we have about you, and we will verify your identity through our existing authentication practices for your account.

However, we will not be required to comply with your request to delete your personal information if it is necessary for us to maintain your personal information in order to:

  • complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • debug to identify and repair errors that impair existing intended functionality;
  • exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent;
  • to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • comply with a legal obligation; or
  • otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

We will not discriminate against you in the event you exercise any of the aforementioned rights under the CCPA, including, but not limited to, by:

  • denying goods or services to you;
  • charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • providing a different level or quality of goods or services to you; or
  • suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

In addition, we do not and will not sell the personal information of any California resident consumer under 16 years of age, unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale of the consumer’s personal information.

This Policy is available to consumers with disabilities. To access this Policy in an alternative downloadable format, please click HERE.

HOW WILL YOU KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

If we decide to change this Privacy Policy, we will post those changes on our Website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personal information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you, at the time it was collected, we will notify you by email or otherwise, and you will have a choice as to whether or not we use your personal information in the new manner. We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your personal information. If you do not agree to the terms of this Privacy Policy, you should not use our Website.

WHOM DO YOU CONTACT IF YOU HAVE ANY PRIVACY QUESTIONS?

If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact us by e-mail: (help@factor75.com)[mailto:help@factor75.com]

BY USING OUR WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR WEBSITE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.