Privacy Policy
Amy Dirks Sports Nutrition (“AD” or “we”, “us”, “our”) is committed to protecting your rights and your privacy. This Privacy Policy (the “Policy”) explains what data we collect about you and how we store, analyze, and share the data we collect about you through our website, platform, and mobile application, and our products and services (the “Services”). The Policy also explains your rights with regards to your data, and how to contact us regarding the data we have collected about you. Nothing in this Policy limits your rights under applicable laws, including your ability, depending on your country of residence, to file a complaint with your local Data Protection Authority.
Table of Contents
1. Personal Information We Collect
2. How We Use Your Personal Information
3. How We Share your Personal Information
4. Your Choices
5. Other sites, mobile applications and services
6. Security practices
7. International data transfers
8. Children
9. Changes to this Privacy Policy
10. Governing Law
11. How to Contact Us
12. Important Information for California Residents
1. Personal Information We Collect
Information you provide to us. Personal information you provide to us through the Services or otherwise includes: Business and personal contact information, such as your first and last name, email and mailing addresses, home phone number, mobile phone number, professional title, employer name, or work address.
Content you choose to upload to the Services, such as text, images, audio, and video, along with the metadata associated with the files you upload.
Profile information, such as your username and password that you may set to establish an online account with us, and other similar information such as your photograph.
Registration Information, such as information that may be related to a service, an account or an event for which you register.
Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
Demographic Information, such as your city, state, country of residence, postal code, gender, and age.
Financial information, such as your payment card information. We use Stripe (www.stripe.com), a third party processor, to process credit card payments directly. We do not collect or store your credit card information on our website or through our Services. Stripe has its own privacy practices, which you can access here: https://stripe.com/privacy
Precise geolocation information, such as when you authorize our mobile application, platform, or website to access your location.
Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us such as billing and shipping information.
Usage information, such as information about how you use the Services and interact with us, including information associated with any content you submit to us, and information you provide when you use any interactive features of the Services.
Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.
Information we obtain from social media platforms. We may maintain pages on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy. If you choose to log in to the Services through a social network or other third party platform, or otherwise connect your account on a third party platform to your account through the Services, we may collect information about you from that platform or network. For example, this information may include your username, user ID, profile picture, cover photo, email address and other contact information, and your affiliations (e.g., school, workplace). You may also have the opportunity to provide us with additional information through the third party platform, such as a list of your friends or connections. Read more about third party platforms in the Your Choices section below.
Information we obtain from other third parties. We may receive personal information about you from third-party sources. For example, a business partner may share your contact information with us if you have expressed interest in learning specifically about our products or services, or the types of products or services we offer. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources and data providers.
Cookies and Other Information Collected by Automated Means
We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services, including but not limited, your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, your media access control (MAC) address, the website you visited before browsing to our website, general location information such as city, state or geographic area; information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access; and other personal information. Our service providers and business partners may collect this type of information over time and across thirdparty websites and mobile applications.
On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), web beacons, and similar technologies, and our emails may also contain web beacons. In our Services, we may collect this information directly or through our use of third-party software development kits (“SDKs”). SDKs may enable third parties to collect information directly from our Services.
A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Browser web storage, or LSOs, are used for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. A “web beacon,” also known as a pixel tag or clear GIF, is typically used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of our websites. A SDK is third-party computer code that we may incorporate into our Services that may be used for a variety of purposes, including to provide us with analytics regarding the use of our Services, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.
Web browsers may offer users of our websites or mobile apps the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. Please see the “Targeted online advertising” section for information about how to exercise choice regarding the use of browsing behavior for purposes of targeted advertising.
Web browsers may offer users of our websites or mobile apps the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. Please see the “Targeted online advertising” section for information about how to exercise choice regarding the use of browsing behavior for purposes of targeted advertising.
Referrals
Users of the Services may have the opportunity to refer contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us so that we may contact them.
2. How We Use Your Personal Information
We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:
To operate the Services. We use your personal information to:
● provide, operate and improve the Services
● provide information about our products and services
● establish and maintain your user profile related to the Services
● administer and process payments
● facilitate your to login to the Services via third-party identity and access management providers, such as Facebook
● fulfill orders (including confirmation and shipment)
● enable security features of the Services, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in
● communicate with you about the Services, including by sending you announcements, updates, security alerts, and support and administrative messages
● communicate with you about events or contests in which you participate
● understand your needs and interests, and personalize your experience with the Services and our communications
● provide support and maintenance for the Services
● to respond to your requests, questions and feedback
For research and development. We analyze use of the Services to improve the Services and our products and services, and to develop new products and services, including by studying user demographics and use of the Services.
To send you marketing and promotional communications. We may send you marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the Opt out of marketing section below.
To display advertisements. We work with advertising partners to display advertisements on the Services or elsewhere online and offline. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Services or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”
To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities or others.
For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.
To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Services, and promote our business.
3. How We Share your Personal Information
We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:
Affiliates. We may share your personal information with our affiliates, for purposes consistent with this Privacy Policy.
Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Services (such as customer support, hosting, analytics, shipping, payment processing, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and are prohibited from using or disclosing your information for any other purpose.
Partners. We may sometimes share your personal information with partners or enable partners to collect information directly via our Services. For example, we may share your personal information to selected third party entities that may review and use that information to send email messages or contact you in other ways to provide information to you about their products and services.
Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.
Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
4. Your Choices
In this section, we describe the rights and choices available to all users.
Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.
Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at [email protected]. Please note that such requests may take up to ten (10) business days to become effective. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may be able to opt out of receiving further marketing text messages from us by replying STOP to our marketing message, or by contacting us at [email protected].
Cookies & Browser Web Storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Services and third party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the websites may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.
Location data settings. Users of our Services also have the choice whether to allow us to access your precise location data. Your device settings may provide the ability for you to revoke our ability to access location data.
Targeted online advertising. Some of the business partners that collect information about users’ activities on or through the Services may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. Your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.
If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals.
To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide our products and services to you or enable the use of the Services, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our products or services. We will tell you what information you must provide to receive our products and services to you or enable your use of Services by designating it as required at the time of collection or through other appropriate means.
5. Other sites, mobile applications and services
The Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding thecollection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
6. Security practices
The security of your Personal Information is important to us. We employ a number of organizational, technical, and physical safeguards designed to protect the Personal Information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your Personal Information.
7. International data transfers
We are headquartered in the United States, and store, process, and transfer information in and to servers and databases located in the United States. By using the Services from outside the United States, you expressly consent to transfer of information outside of your country, and you are responsible for compliance with all applicable laws, rules and regulations regarding the transmission of data exported to the United States or from the country in which you reside.
8. Children
We are committed to protecting the privacy of children. By using the Services, you represent that you are at least at least 18 years old, or if you are between the ages of 13 and 18, you have your parent’s or guardian’s permission to use the Services. We do not knowingly collect personal information from children under the age of 13, and if we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents who believe we have collected personal information from or about a child under the age of 13 to contact us at [[email protected]].
9. Changes to this Privacy Policy
We may modify this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Services or through another reasonable manner. Your continued use of the Services indicates your acceptance of the terms of the modified Privacy Policy.
10. Governing Law
The Privacy Policy shall be governed by, and will be construed under, the laws of the State of Missouri, U.S.A., without regard to choice of law principles.
11. How to Contact Us
Please direct any questions or comments about this Policy or our privacy practices, including requests to access, correct, amend, or delete your Personal Information, to: [email protected].
12. Important Information for California Residents
California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding their Personal Information and how we handle it. To make such a request, please send an email to [email protected]. Please make sure to state that you are a California Resident.
The following information is to supplement our Privacy Policy for users who are California residents and inform them of the categories of personal information that we collect from them and disclose to third parties, and the purposes for which such personal information will be used. This Notice also explains certain rights that California Consumers are granted by the CCPA and explains how they can exercise these rights. If you are not a California resident, the following information does not apply to you.
Your Rights
The California Consumer Privacy Act ("CCPA") grants State of California residents the following rights, to:
1. Know what personal information is being collected about them;
2. Know whether their personal information is sold or disclosed and to whom;
3. Say no to the sale of their personal information;
4. Access their personal information;
5. Have their personal information deleted; and
6. Have the right to equal service and price, even if they exercise their privacy rights under this law.
Categories of Personal Information We Collect
We collect information that identifies you, your household or your device or is reasonably capable of being connected with or linked to you, your household, or your device ("Personal Information"). Personal information does not include public information available from government records, de-identified or aggregated information or information that is protected by certain laws such as HIPAA for health related information and the Gramm-Leach Bliley Act (GLBA) for certain financial information.
We collect the following categories of Personal Information:
● Identifiers
● First and last name
● Email address
● Mailing address
● Telephone number
● Mobile number
● Date of birth
● Gender
● Geographic area
● Title
● Internet Protocol (IP) Address
● Personal Information Listed in the California Customer Records Statute
● The above identifiers
● Credit card information
● State driver's license number
● Characteristics of Protected Classifications
● Age
● Gender
● Last four digits of social security number
● Commercial Information
● Transaction information
● Biometric Information
● Not collected
● Internet or Other Electronic Network Activity Information
● Cookies
● Domain name
● Browser type
● Operating system
● Usage data including visit dates
● Geolocation Data
● Information that tells us from where you access our website
● Sensory Data
● Not collected
● Professional or Employment-Related Information
● Resumé/CV
● LinkedIn Profile and Website
● Inferences Drawn from Other Personal Information
Categories of Sources of Personal Information
We collect information from the following categories of sources:
● Directly from you. For example when you register as a user or login as a guest to complete a transaction, when you apply for a job, and when you use out chat feature.
● From third parties. For example, when we offer or promote services in conjunction with another company and they provide contact information to us. We may also receive information from a service provider when you apply for a job with us and we run a background check.
How We Share Your Personal Information
We share information in each of the above categories as follows:
● All categories of information
● We will share information in all of the above categories if our company is sold or we engage in a
merger or other such transaction.
● We will share information in all of the above categories of information in connection with a law
enforcement request that is compliant with the California Electronic Communications Privacy Act.
● Identifiers
● We share identifiers with service providers who use that information only to provide services to us such as website development and operating, sending postal mail or email, analyzing website use, job applications, processing payments and processing data.
● Personal Information Listed in the California Customer Records Statute
● We share identifiers and payment information with our payment service providers
● Commercial Information
● We do not share this information
● Geolocation Information
● We do not share this information
● Internet or Other Electronic Network Activity Information
● We share this information with our data analytics providers
How We Use Your Information
See "How Do We Use Your Information" above to learn how we use your information. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
How We Retain and Store Your Personal Information
We retain your personal information for as long as necessary to fulfill the purpose(s) for which we collected it and to comply with applicable laws. We use reasonable security precautions to protect your information while in storage.
Requests to Know
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
•The categories of personal information we collected about you.
•The categories of sources for the personal information we collected about you.
•Our business or commercial purpose for collecting or selling that personal information.
•The categories of third parties with whom we share that personal information.
•The specific pieces of personal information we collected about you (also called a data portability request).
•If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
•sales, identifying the personal information categories that each category of recipient purchased; and
•disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Requests to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise performing our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug online services to identify and repair errors that impair existing intended functionality.
4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
5. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
6. Comply with a legal obligation.
7. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
How To Submit a Request to Know or a Request to Delete
To request this information please submit a verifiable consumer request to us by either:
•Calling us at [PHONE] or
•Emailing us at [email protected] and asking for a Consumer Request Form
•Completing a CCPA Consumer Request Form through your account
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, email us at [email protected] and we will provide you with a form to make a designated agent request.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. To make a request, you must:
If you have a user account:
● Log into your user account and use our authentication process to verify your identity.
● Complete and submit the CCPA Consumer Request Form (if a form is not yet available when you log in, email us and we will provide you with a form)
● Describe your request with sufficient detail that allows us to understand, evaluate and respond to it.
If you login as a guest:
● Call or email us to receive a CCPA Consumer Request Form
● Complete the CCPA Consumer Request Form
● Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or that you are an authorized representative
● If you request the categories of information we collect, we require your first and last name and your email address.
● If you request the specific information or to have your information deleted, we require your first and last name, email address and information about your two most recent shipments with us.
● Describe your request with sufficient detail that allows us to understand, evaluate and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We will try to respond to your request within forty-five (45) days of when we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12- month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
An amendment to the CCPA provides an exemption to the Right to Know and Right to Delete for personal information between a business and a person who is acting as an employee, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government where the information is used in the context of a business transaction. This exemption is currently set to expire on January 1, 2021. Until that date, we will not respond to requests to know or delete that meet this exemption.
How To Submit an Opt-Out Request
We do not sell your information to third parties for money. We do provide your information to third parties for marketing purposes as described above and you may opt-out of that sharing.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
Do Not Sell My Personal Information
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sharing with third parties. However, you may change your mind and opt back in to personal information sharing with third parties at any time by:
Opt-Me Back in to Personal Information Sales
We will only use personal information provided in an opt-out request to review and comply with the request. We will act upon your opt-out request within 15 business days of receipt.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
● Deny you services.
● Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
● Provide you a different level or quality of services.
● Suggest that you may receive a different price or rate for services or a different level or quality of services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Your Nevada Privacy Rights
Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. We do not sell your personal information to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by email to [email protected].