Last Revised: May 25, 2018
California residents, please also see the “Note to California Residents” section for additional rights that apply to you.
- Information We Collect
- Personally Identifiable Information
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 subscribe to one of our mailing lists, receive information about various subjects, register for programs, contact customer service, or respond to surveys.
If you become a customer, we will collect personally identifiable information such as names, addresses, phone numbers, e-mail addresses, certain health and fitness information, and sometimes credit card information when voluntarily submitted by our customers. Most of your customer information is stored in our licensed Seismic software. However, your credit card information is not stored in our system, as it is passed through directly to Stripe for your safety and security.
For customers, please also be advised that our licensed Seismic software program also integrates with MyFitnessPal, so what you put into MyFitnessPal can be accessed through your Seismic customer account. However, no data from MyFitnessPal is actually stored in our system.
Upon enrolling in one of our nutrition coaching programs, you will 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:
- current photographs (such as a current front, side, and back photograph);
- physical information (e.g., your current weight, body measurements, etc.);
- nutritional information (e.g., types of food you consume, etc.);
- activity information (e.g., workout tracking, types of exercises performed, hours exercised, etc.); and
- general input (e.g., feedback you provide us about our services or other information you voluntarily submit).
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. You can customize your email and other preferences by following the instructions contained in the Section entitled “How To Customize Your Information”. 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. If you wish to stop seeing ads from us on Facebook, you can turn off the ad by using the following steps:
- From within Facebook, go to the advertisement you want to turn off.
- Click on the drop-down arrow in the top corner of the ad (that may be in the top right corner or top left corner).
- Click on "Hide ad".
Other ad platforms we may use in the future have similar ways you can turn off any ad from us to stop seeing it.
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.
- 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.
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.
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. We are waiting for the online industry to develop a common protocol for how to treat DNT signals. In the meantime, you can use the range of other tools we provide to control data collection and use, including those described herein.
- How We Use Your Information
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 reasonable discretion, determines the disclosure to be appropriate in the circumstances.
- How To Customize Your Information
If you are a subscriber to one of our mailing lists, you can customize your information and the mailing lists you have subscribed to at any time by simply clicking the “Update Your Preferences” link at the bottom of any email you receive from us. That will take you to a preferences center where you can update your information.
If you are a customer of ours, you can customize your details by logging into your Seismic account at https://www.getseismic.com.
- 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.
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.
- Security of Personal And Other 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. Our team is dedicated to ensuring the security and privacy of all user information.
In addition, Company has security measures in place to protect the loss, misuse and alteration of personal information under our control.
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.
- Links to Other Web sites
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 with whom we work with so that we may enhance our future service to all customers.
- 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 remove your child’s information from the database that stores the information.
- 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.
- Withdrawing Consent
- Contacting Us
If you need to contact us for assistance related to your coaching and other services, you can email us at firstname.lastname@example.org.
If you need technical support with the Seismic software or to report a bug with the Seismic software, please contact our software vendor at email@example.com.
If you are a European citizen and wish to request that we “Forget You” from our database, please send an email to firstname.lastname@example.org with the subject line “Forget Me”, and explain in the body of the email that you are asking to have all of your data deleted. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored.
If you are a European citizen and wish to request that we export your data from our database so you can port it to another vendor, please send an email to email@example.com with the subject line “Export My Data”, and explain in the body of the email that you are asking for a data export. We have a standard data export format that we will provide and are not able to create custom exports. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored.
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.
- 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.
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 firstname.lastname@example.org.
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.