Privacy Policy
This Privacy Policy is effective as of June 6, 2016.
I. INTRODUCTION
Unless otherwise defined in this privacy policy (this “Policy”), the capitalized terms used in this Policy have the same meanings as in our Terms of Use, accessible at www.fitjoyfoods.com. As used in this Policy, the terms “using” and “processing” information include: using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States. FitJoy Nutrition, LLC is a brand of dietary supplement or related products. In this Policy, we will refer to FitJoy, INC by “Company”, “our”, “us” or “we.” “Website” means www.fitjoynutrition.com and any sub-domains or successors thereto which are owned and controlled by Company and dedicated to FITJOY, INC. The Website is intended for users from the United States only. Users from the European Union or outside of the United States are advised not to disclose Personal Information to Company. This Policy applies whether you are accessing the website via a personal computer, mobile device or any other technology now known or hereafter developed or discovered.
Please read this Policy carefully. This Policy is intended to inform you (“you”) of our policies and procedures regarding the collection, use and disclosure of information through our Website. We also want to inform you about your choices regarding such information. We may need to change this Policy from time to time in order to address new issues and reflect changes on our Website. We will post those changes here and update the “last modified” date at the top of this page so that you will always know our current policies regarding what information we gather, how we might use that information, and whether we will disclose that information to anyone. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using our Website, you agree to this Policy. Your continued use of the Website after we make any changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates. If you have any questions or concerns about our Policy, please send an e-mail to support@fitjoyfoods.com or contact us at: POB 3608, Austin, TX, 78764.: SUPPORT DEPARTMENT.
II. Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website, or on or through any of its features, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we may have any information from or about a child under 13, please contact us at: support@fitjoyfoods.com or contact us at:
POB 3608, Austin, TX, 78764 ATTN.: SUPPORT DEPARTMENT.
III. How We Collect Information
We collect information in several ways, including but not limited to:
1) Information you voluntarily provide to us in order to become a registered User (“User”) of our Website.
2) When you register to join the Website by logging into an account that you already have with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook and Twitter) via our application. For example, our Website allows you to create an account and login to the Website using your Facebook account credentials through Facebook Connect. If you are not currently registered as a User on the Website and you click on “Sign in Using Facebook,” you will first be asked to enter your Facebook credentials and then be given the option to register and join the Website.
3) When you browse or use our Website, technological tools including “Log Data” and “Cookies” collect certain information, as explained in the following section.
4) When you make purchases, place orders, make exchanges or returns, or when you request certain information about the products or services offered on the Website.
5) When you contact our call center or customer service department.
6) When you enter a contest, sweepstakes, or respond to a survey or questionnaire.
7) When you provide us with comments or suggestions.
8) When you use social media in connection with the Website.
IV. What Information We Collect and How We Use It
1. Personal Information. When you register with us through the Website to become a registered User on our Website, we will ask you for certain information about you that can be used to contact or identify you (“Personal Information”). Personal Information may include, but is not limited to, your name, age, gender, profile photo, general background, hobbies, location/hometown, website and email address. If you decide to create your User account by logging into a SNS via the Website, you are using the Personal Information you have already provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) to create your User account on our Website; the information we collect may depend on the privacy settings you have with the SNS, so please consult the SNS’s privacy and data policies. For example, by using Facebook Connect, you are allowing Company to access the Personal Information in your Facebook account pursuant to the Facebook Terms of Use regarding your use of the Website via Facebook. We use your Personal Information (in some cases, in conjunction with your “Non-Identifying Information,” see below) to offer this Website to you. For example, we may use your Personal Information for the following reasons:
1.1 Account registration. We create your User account for your use of the Website based upon the Personal Information you provide.
1.2 Communications. We use your Personal Information to contact you with Company newsletters, marketing or promotional materials and other information that may be of interest to you generally without an “opt-in” mechanism except where required by applicable law. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” information in your account settings.
1.3 Customer service. We use your Personal Information to respond to your questions and/or inquiries, to present our Website and its contents to you, to fulfill any purpose for which you provide it, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, and for any other purpose with your consent.
1.4 Credit/Debit card information. If you use a credit or debit card for any purchase, we will collect and retain the information about such card that you submit to complete that purchase as well as keep a history of your purchases. We use the collected information to process your purchases and to better assist you when you contact us.
1.5 Order fulfillment. We use your Personal Information to assist us in fulfilling orders you place with us, such as making shipping arrangements and contacting you about back orders, returns, or exchanges.
1.6 Operation, maintenance, and improvement of the Website, products, and services. We use your Personal Information to aid us in the operation and maintenance of the Website. We also use such information to help us improve the Website and the products and services we offer to you through the Website in order to better serve you and our other customers.
1.7 Process contests. We use your Personal Information to help us process contest entries and deliver rewards as the result of such contests.
1.8 Customer service. We use your Personal Information to respond to questions and comments you provide to us directly through customer service or other communications, or indirectly through posting on the Website. We also use such information to better serve you through our customer service department by responding to questions or concerns you may have when dealing with us.
2. Non-Personal Identification Information and Non-Identifying Information. We collect non-personal identification information through the use of, without limitation, the following types of methodology: “Cookie” technology: A “cookie” is an element of data that a website can send to your browser, which may then store it on your system. “IP address tracking”: An “IP address” is a number that is assigned to your computer when you are on the Internet. When you request pages from our Website, our servers log your IP address. “Web beacons”: A “Web beacon” or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user. Non-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our Website such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our Sites and about the links you may select from within our Sites to other areas of the Internet or elsewhere online.
We also collect other information that you provide as part of registration on the Website, that cannot reasonably be used to identify or contact you (e.g., without limitation, age and individual preferences) (“Non-Identifying Information”). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be personally identified or contacted. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Website Users to attempt to provide you with a better experience, to improve the quality and value of the Website and to analyze and understand how our Website is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
3. Log Data. When you visit the Website, whether as a registered User or a non-registered User just browsing, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics. We use this information to monitor and analyze use of the Website and the Website’s technical administration, to increase our Website’s functionality and user-friendliness, and to better tailor our Website to our visitors’ needs. For example, some of this information is collected so that when you visit the Website again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Website meet the criteria required to process their requests.
4. Cookies. Like many online sites, our Website uses “cookies” to collect information. A cookie is a small data file that we transfer to your computer or mobile device’s hard disk. We use cookies for two purposes. First, we utilize “persistent” cookies to save your login information for future logins to the Website. Second, we utilize “session ID” cookies to enable certain features of the Website, to better understand how you interact with the Website and to monitor aggregate usage by Website Users and web traffic routing on the Website. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Website and then close your browser. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website or all functionality of the Website. (See “Your Choices Regarding Information,” below.)
V. Sharing of your information
1. Website Users. When you register through the Website and submit Personal Information to create a profile, other Website Users will see your name. If you choose to provide additional Personal Information in your profile, Website Users will see such additional Personal Information, including, but not limited to, your photo, location, website and biography. Providing additional Personal Information is voluntary and should correlate with the degree of interaction you want to have with other Website Users. We recommend that you guard and refrain from disclosing any information you consider sensitive and confidential.
2. Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
3. Service Providers. We may employ third party companies and individuals to facilitate our Website, to operate the Website on our behalf, to perform Website-related services (e.g., maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Website is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
4. Social Networking Sites. We may share the information in your Website account (including your Personal Information) with the SNSs that you have linked to your Website account. These third parties have access to your Personal Information, not including credit or debit card information, only for this purpose (unless the SNS has received your Personal Information independently of the Website) and not for other purposes.
(i) Permitted Sites. We allow Users to link their Facebook, Twitter, Instagram, Pinterest, Snapchat, and other social media accounts to our Website, and may allow linking to accounts of future social media sites as they are developed. Users can then post recent activity on our Website back to their accounts. You will be prompted to decide whether or not your activity on the Website will be shared and disclosed on your account. You can disable the foregoing feature at any time by logging into your profile and selecting the option to disable this sharing option. Further, you may be able to edit your privacy settings for the content that you post which appears on such an account by making selections in your “Edit Profile” settings via the Website.
5. Compliance with Laws and Law Enforcement. Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process including, but not limited to, subpoenas, to protect the property and rights of Company or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
6. Business Transfers. Company may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our assets, including any or all of the information described in this Policy, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.
7. Miscellaneous. In addition to the above, Company may disclose Personal Information: to our subsidiaries and affiliates; to fulfill the purpose for which you provide it; for any other purpose disclosed by use when you provide the information; and with your consent.
VI. Your choices regarding information
You have several choices regarding the use of information on our Website:
1. Email Communications. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” information in your account settings.
2. Cookies. If you decide at any time that you no longer wish to accept cookies from our Website for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Website or all functionality of the Website. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
3. De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Twitter) linked to your Website account, then you may de-link the SNS account in the “preferences” section in your account settings.
4. Changing or Deleting Your Information. All Users may review, update, correct or delete the Personal Information in their User account (including any imported contacts) by contacting us or by editing their profile via the Website. If you completely delete all of your Personal Information, then your User account may become deactivated. We will use commercially reasonable efforts to honor your request. If you delete your User account and any other contributions from the Website, copies of your records may remain viewable in cached and archived pages, or might have been copied or stored by other Website Users. We may retain an archived copy of your records as required by law or for legitimate business purposes.
5. Your California Privacy Rights. California Civil Code Section 1798.83 permits Users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at: support@fitjoynutrition.com or contact us at: 3891 S. Traditions Dr. Bryan, Texas 77807, USA.
VII. Links to other sites and services
Our Website may contain links to other third-party websites and online services. If you choose to visit another website or online service by clicking on a link, you will be directed to that third party’s website or online service. The fact that we may link to a website or online service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit Personal Information and Non-Identifying Information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of Personal Information and Non-Identifying Information. We encourage you to read the privacy policies or statements of the other websites or online services you visit before providing any information or using such websites or services.
VIII. How we store and protect information
1. Information Security. We care about the security of your information. We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained through the Website. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Website may not be accessed, disclosed, altered, or destroyed by unauthorized persons. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and Company will never ask you for your password in any unsolicited communication such as phone calls, emails, etc. We urge you to be careful about giving out information in public areas of the Website. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
2. Phishing. Identity theft and the practice currently known as “phishing” are of great concern to Company. Safeguarding information to help protect you from identity theft is a top priority. We do not request your credit card information, login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
3. Breach Notification. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Website in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
4. International Transfer. Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Company transfers Personal Information to the United States and processes it there. Your consent to this Policy followed by your submission of such information represents your agreement to that transfer.
IX. Changes to Our Privacy Policy
It is our practice to post any changes we make to our Policy on this page. If we make material changes to how we treat Users’ Personal Information, we will notify you through a notice on our Website homepage. The date the Policy was last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this Policy to check for any changes.
X. Your Acceptance of These Terms
By using this Website, you signify your acceptance of our Policy, you promise to comply with the terms contained in this Policy and Terms of Use, and you represent that you understand the scope and limitations of the protections provided under this Policy and Terms of Use. If you do not agree to these policies, please do not use our Website. Your continued use of the Website following the posting of changes to our Terms of Use or Privacy Policy means that you accept those changes.
XI. How to contact us
If you have any questions about this Policy or any of the practices described herein, please contact us at: 500 San Marcos Street, Suite 200, Austin, Tx, 78702, USA, Attn: Customer Support, or send us an email at support@fitjoyfoods.com.