Privacy Policy
Last updated: January 12, 2022
This Privacy Policy describes our how we collect, use and disclose your personal data when you access the Service.
We use your personal data to provide and improve the Service. By using the Service, you agree to the collection, use and disclosure of your personal data in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, you should not use the Service.
Definitions
For the purposes of this Privacy Policy:
· Company (referred to as either "the Company", "we", "us" or "our") refers to Get Out Of Shape LLC., 107 Ridgely Ave. #14C, Annapolis, Maryland 21401.
· Facebook Fan Page is a public profile named Your Muscle Whisperer specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/groups/530919798256252
· Personal data is any information that relates to an identified or identifiable individual.
· Service refers to the Your Muscle Whisperer website, accessible from www.YourMuscleWhisperer.com (“Website”), including all first-party content displayed within or linked through the website (such as our YouTube videos and Facebook Fan Page) and communications related to this website (such as email communications relating to the Service).
Collecting and Using Your Personal Data
Sources of Personal Data
We obtain the categories of personal data listed below from the following categories of sources:
Directly from you. For example, from the forms you complete on our Service, preferences you express or provide through our Service, or from your purchases on our Service.
Indirectly from you. For example, from observing your activity on our Service.
Automatically from you. For example, through cookies we or our service providers set on your device as you navigate through our Service.
From service providers. For example, third-party vendors that help us monitor and analyze the use of our Service or handle payment processing on our behalf, or other third-party vendors that we use to provide the Service to you.
Types of Data Collected
Personal Data
While using the Service, we may ask you to provide us with certain personal data that can be used to contact or identify you, including:
· First name and last name
· Email address
· Payment information
· Usage data (including your IP address)
Usage Data
Usage data is collected automatically when using the Service.
Usage data may include information such as your device's IP address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, we may collect certain information automatically, including but not limited to the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use cookies and similar tracking technologies to track the activity on our Service and store certain information. These technologies may include:
Cookies or Browser Cookies. A cookie is a small file placed on your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse cookies, our Service may use cookies.
Flash Cookies. Certain features of our Service may use locally stored objects (or flash cookies) to collect and store information about your preferences or your activity on our Service. Flash cookies are not managed by the same browser settings as those used for browser cookies. For more information on how you can delete flash cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?," available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" cookies. Persistent cookies remain on your device when you go offline, while session cookies are deleted as soon as you close your web browser. You can learn more about cookies here: All About Cookies by TermsFeed.
We use both session and persistent cookies for the purposes set out below:
· Necessary / Essential Cookies
Type: Session cookies
Administered by: Us
Purpose: These cookies are essential to provide you with Services available through the website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those Services.
· Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
· Functionality Cookies
Type: Persistent cookies
Administered by: Us
Purpose: These cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. These cookies provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.
· Tracking and Performance Cookies
Type: Persistent cookies
Administered by: Third parties
Purpose: These cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these cookies to test new pages, features or functionality of the Website to see how our users react to them.
Use of Your Personal Data
The Company may use personal data for the following purposes:
· To provide and maintain our Service, including to monitor the usage and performance of our Service.
· To manage your account: to create and manage your registration as a user of the Service. The personal data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
· For the performance of a contract: the development, compliance and undertaking of the purchase contract Services you have purchased or of any other contract with us through the Service.
· To contact or communicate with you by email, telephone calls, SMS, or other forms of electronic communication regarding updates, responses to your communications, or informative communications related to the Service, including the security updates and new offerings or functionalities within the Service.
· To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
· For business transfers: we may use personal data to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our Service users is among the assets transferred.
· For legal purposes, including to assert or defend any legal claims available to us, to protect the legal rights of other users or individuals, or as otherwise required by applicable law or legal process.
· For other purposes: we may use your personal data for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service and your experience.
Disclosure of Your Personal Data
We may share your personal data in the following situations:
With service providers: we may share your personal data with service providers to monitor and analyze the use of our Service, for payment processing, for IT services, to contact you, or otherwise in connection with the operation of our business and the Service.
With affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: we may share your personal data with our business partners, including social media and marketing companies and analytics providers, to offer you certain products, services or promotions. Please see the below list of third parties that may receive your personal data in connection with our Services, in which case your personal data will become subject to the privacy policy and practices of those third parties.
With other users: when you share personal data or otherwise interact in the public areas with other users, your personal data or other information you share may be viewed by all users and may be publicly available outside to Service.
For business transfers: we may share or transfer your personal data 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.
With your consent: we may disclose your personal data for any other purpose with your consent.
Please note that we may aggregate or anonymize data such that it is no longer personal data governed by this Privacy Policy, and we may use and share that data for any purpose.
Analytics
We may use third-party analytics providers to help us monitor and analyze the use of our Service. These third parties may receive your personal data in connection with their analytics services, in which case your personal data is also subject to these third parties’ privacy policies:
· Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy.
By engaging with our Facebook Fan Page, your personal data will be subject to Facebook’s privacy policy, available at https://www.facebook.com/policy.php. You may also contact Facebook with questions at Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025.
We use the Facebook Insights function in connection with the operation of the Facebook Fan Page to obtain anonymized statistical data about our users.
For this purpose, Facebook places a cookie on the device of the user visiting our Facebook Fan Page. Each cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.
For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy, available at: https://www.facebook.com/privacy/explanation.
Email Marketing
We may use your personal data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may work with third-party email marketing services to manage and send emails to you, including:
· Mailchimp
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/
· Robly
Their Privacy Policy can be viewed at https://support.robly.com/privacy-policy/
Payments
We provide paid products and services within the Service, and we rely on Stripe to collect and process payments for us. You provide your payment information directly to Stripe, and that information is governed by Stripe’s privacy policy, available at https://stripe.com/us/privacy.
"Do Not Track"
Our Service does not respond to Do Not Track signals.
However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser. For more information, please visit https://allaboutdnt.com/.
Retention of Your Personal Data
The Company will retain your personal data only for as long as is necessary for the purposes for which your personal data was collected, as set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Transfer of Your Personal Data
Your personal data may be processed and stored in any location where the parties involved in the processing are located. This means that your personal data may be transferred to and maintained outside of the jurisdiction in which you live, and therefore may be subject to the data protection laws of other jurisdictions, which may differ than those of your jurisdiction.
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Your California Privacy Rights
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their personal data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us using the contact information provided below.
Links to Other Websites
Our Service may contain links to other websites that we do not operate or control. If you click on a third-party link, you will be directed to that third party's website. Your personal data will be subject to the privacy policy of any third-party website you visit, and we strongly advise you to review the privacy policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, or if you would like to update the your personal data in our files, you can contact us via https://www.yourmusclewhisperer.com/contact.