Welcome to Fitness Blender LLC, a Washington limited liability company (“Company”). Company is an online platform offering health and fitness content, information, services, and products via the website www.fitnessblender.com and any other website, channel, application, mobile feature, and/or platform we operate (together, “Site”). In this Privacy Policy (“Privacy Policy”), the use of the words “Company,” “we,” “our,” and “us” refer to Fitness Blender LLC. The words “user,” “you,” and “your” refer to entities or individuals that access and/or use the Site. This Privacy Policy does not alter in any way the Website Terms of Use Agreement (“Terms”) or any other agreement you may have with us, and are hereby incorporated into the Terms.

Company takes seriously the issues surrounding privacy concerns, and is committed to respecting the privacy of our users and their data. This Privacy Policy explains how Personal Information (as defined below) may be collected, used, and disclosed by Company with your access and use of this Site and in connection with the health and fitness content, information, services, and products Company provides via the Site (“Services”). PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SITE OR ANY COMPANY SERVICES. BY ACCESSING THE SITE, CREATING AN ACCOUNT, AND/OR USING COMPANY SERVICES, YOU CONSENT TO THE POLICIES CONTAINED HEREIN. WE MAY REQUIRE THAT YOU EXPLICITLY CONSENT TO THIS PRIVACY POLICY IN ORDER TO ACCESS CERTAIN PORTIONS OF THE SITE.

Without limiting the foregoing, when you access and/or use certain features of the Site, your access to or use of such features will also be subject to all guidelines, terms, agreements, and conditions applicable to such features, including third-party policies (the “Policies”). All such Policies are incorporated into this Privacy Policy by reference, and if the applicability of this Privacy Policy is incompatible with your access to or use of the Site, the relevant terms of such third-party policies will control. Your access to and use of the Site is also subject to this Privacy Policy and our Terms.

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1. What Is Personal Information?

“Personal Information” means information that you voluntarily submit to us and that specifically identifies an individual (such as a name, address, telephone number, mobile number, or email address) or information about that individual that is directly linked to personally identifiable information (PII). Personal Information can also include information about any transactions, both free and paid, that you enter into on the Site, and information about you that is available on the internet, such as from social media, web companies, or publicly-available information that we acquire from service providers. Personal Information does not include “aggregate” information, which is data we collect that cannot be used to identify an individual, pseudonymous data, encoded or anonymized information, and/or aggregated data we collect or create about a group or category of services, features, or users, which does not contain personally identifying information. Our Privacy Policy does not restrict or limit our collection and use of aggregate information.

2. What Personal Information Do We Collect?

We collect certain information you voluntarily provide to us, including, without limitation, the information you enter if you create an account or profile, send us an email, enter into a subscription agreement or end user license agreement with us, request user support, or submit or post content to the Site.

We may automatically collect certain information when you use the Site including, without limitation, your Internet Protocol ("IP") address, your operating system, the browser type, the address of a referring site, and your activity on the Site. We may also collect information from mobile phone users in a similar manner to optimize the mobile experience. Beyond mobile phone numbers, we may collect mobile screen resolution, device make and manufacturer, and may also collect the device’s unique identifier (in the iPhone’s case, a UDID), and, with your permission, your location. We treat this information as Personal Information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.

We may also receive Personal Information from third parties about their users, and may combine this information with other Personal Information we maintain about you. If we do so, this Privacy Policy will govern the combined information.

We may also receive Personal Information from users about third parties, and may process this information with other Personal Information we maintain about you for purposes of fulfilling user requests or providing Services. However, such information is not otherwise stored by us, is not re-used in connection with other user accounts, and is not sold to third parties.

The Site may now or in the future allow users to send messages to each other. These messages may be stored for retrieval at later times in order to facilitate user communication.

The Site may now or in the future allow users to make transactions. Data will be securely stored when a transaction is made, including the date and type of purchase made, your credit card number, expiration date, billing address, and CVV or security code number.

Even after you remove information from your profile or delete your account or cease use of our Services, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. If you post any of your information to a public area of the Site, please be aware that it is no longer “Personal Information” for purposes of this Policy, and we or anyone else may use such information without restriction. If you provide access to personal or other information, including your email address or name, to other users through the application of any of our privacy controls or other Service or Site settings, you hereby acknowledge and agree that Company has no control over nor liability for how others may collect, use, or disclose such information.

3. What Aggregated and Non-Personal Information Do We Collect?

We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Site. We also may include web beacons in promotional email messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the Services we offer visitors to our Site to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming, or other activities.

When you visit the Site, we may assign your computer one or more cookies to facilitate access to the Site and to personalize your online experience. View the Site Cookie Policy, which is hereby incorporated into this Privacy Policy and the Terms.

4. Children

We do not knowingly collect Personal Information from children under the age of 13 unless we have obtained parental consent. If we learn that we have collected Personal Information from a child under the age of 13, we will delete that data from our systems unless we have obtained parental consent. Please see our Terms for more information.

5. How Do We Use the Personal Information We Collect?

In General. We may use information that we collect about you to:

• Deliver the products and Services that you have requested;
• Manage your account and provide you with customer support;
• Perform research and analysis about your use of, or interest in, our products, Services, or content, or products, services, or content offered by others;
• Communicate with you by email, postal mail, telephone, and/or mobile devices about products or services that may be of interest to you either from us or other third parties;
• Tailor your user experience;
• Develop and display third-party content and advertising tailored to your interests on the Site and other sites;
• Enforce our Terms;
• Manage our business; and
• Perform functions as otherwise described to you at the time of collection.

Financial Information. We may use financial information or payment method information to process payment for any purchases, subscriptions, or sales made on or through the Site or in connection with our Services, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. Specifically:

• Purchases. If you purchase products or pay for Services via the Site, the transaction will be handled by our service vendor responsible for processing your payment. This vendor has its own privacy policy and those terms will apply to you. Please be sure to review them at the links provided during payment processing. Our vendor’s policies are also considered a part of this Privacy Policy and part of your agreement with us.
• Credit Card Information. We will require your payment or credit card information in order for our payment vendor to process purchases. This includes your name, payment or credit card number, expiration date, billing address, and authentication codes or related information as needed to authorize the charge and complete the transaction. Credit card data is transferred over a Secured Sockets Layer (“SSL”) line if you are using an SSL-enabled browser such as Microsoft Internet Explorer, Firefox, Safari, or Google Chrome. We also use SSL on other select pages where you enter Personal Information. This ensures that the Personal Information is encrypted as it travels over the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the upper right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from http to https.

6. What Personal Information Do We Share with Third Parties?

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on the Site or while using our Services.

Personal Information. We do not share your Personal Information with others except as indicated herein or when we inform you and give you an opportunity to opt out of having your Personal Information shared. We may share Personal Information with:

• Authorized Service Providers. We may share your Personal Information with our authorized service providers, including advertisers and corporate partners, who perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, providing customer service and marketing assistance, performing business analysis, supporting the functionality of the Site and our Services, supporting surveys, offering additional or related services, and other features offered through or in connection with the Site. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.
• Other Situations. We also may disclose your information:
  • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
  • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report, or take other action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property, or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Terms that apply to our Site or other agreements or policies.
  • In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. Any future companies to whom we may work with will be consistent with our own Privacy Policy.

We will work to ensure that any third parties to whom we may disclose Personal Information will be consistent with this Privacy Policy. Those additional privacy policies will govern use, handling, and disclosure of your Personal Information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about third-party privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States ("U.S.").

Aggregated and Non-Personal Information. We may share aggregated and/or non-Personal Information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Site, through our Services, and on websites of third parties. We may combine non-Personal Information we collect with additional non-Personal Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or Services accessed. This information does not contain any Personal Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

7. Social Media

The Site may include social media features, such as Facebook, Twitter, LinkedIn, and YouTube widgets, or interactive mini-programs that run on the Site. These features may collect your IP address, which page you are visiting on the Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it, such as the following examples:

• Facebook - Privacy
• Google - Privacy

8. Your Control

• You can choose not to provide us with certain information, which may result in you being unable to use certain features of the Site and our Services because such information may be required in order for you to register, purchase products or Services, participate in a survey, event, or promotion, ask a question, or initiate or engage in other transactions on the Site or through our Services.
• When you register on the Site you may be given a choice as to whether you want to receive email messages and/or newsletters about product updates, improvements, special offers, or containing special distributions of content by us. At any time you can choose to no longer receive commercial or promotional emails or newsletters from us by using the email address associated with your account to send an email to service@fitnessblender.com with the word “Unsubscribe” in the subject line. You also will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. It may take up to ten (10) days for us to process an opt-out request. We may send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party (such as a credit card processing partner) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.

9. Links to Other Sites

The Site may contain links to other sites. Any Personal Information you provide on the linked sites is provided directly to that third party and is subject to that third party’s privacy policy. This Privacy Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these sites or any other sites that are linked to from our Site.

10. What Steps Do We Take to Protect Your Information Online?

We take reasonable measures to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. If we become aware of a security systems breach, we will attempt to notify you electronically using the contact information we have available so that you can take appropriate protective steps. We may post a notice through the Site if a security breach occurs. If this happens, you will need a web browser enabling you to access our Site. We may also send an email to you at the email address you have provided to use in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Users should also be aware of how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure email. Please refer to the Federal Trade Commission’s website for information about how to protect yourself against identity theft.

11. Your California Privacy Rights

If you are a California resident, you have the following rights under the California Consumer Privacy Act:

Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:

• the categories of personal information we have collected about you;
• the categories of sources from which the personal information is collected;
• the business or commercial purpose for collecting your personal information;
• the categories of third parties with whom we have shared your personal information; and
• the specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same).

Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide our Services to you. If you ask us to delete it, you may no longer be able to access or use our Services.

To exercise your rights under the California Consumer Privacy Act, please visit your data management page or contact us by sending us an email at service@fitnessblender.com. Please provide your full name and email address so that we may respond to your request as quickly as possible. You will be required to verify your identify before we fulfill your request. To do so, you will need to provide us with certain account information, such as your full name and email address. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization for the agent to act on your behalf. You will still need to verify your identity directly with us.

For purposes of compliance with the CCPA, in addition to the further details as described in this Privacy Policy, we make the following disclosures:

We collect the following categories of personal information:

1. Identifiers (e.g., your name, account number, email address, IP address)
2. Commercial/transactional information (e.g., your purchase information)
3. Internet or other electronic network activity information (e.g., information about your website or app usage)
4. Geolocation data (e.g., your physical location)
5. Visual information (e.g., any photographs you upload on your account)
6. Inferences (e.g., analytics and preferences)

We use and disclose these categories of information to enable use of our sites, Services, and products, to communicate with you, to understand how our users interact with our sites, and to improve our offerings as otherwise described in this Policy.

12. Nevada and Other State Resident Privacy Rights

Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. If you are a Nevada resident, you may submit a request to opt out of potential future sales under Nevada law by contacting us as indicated below. Please include sufficient information for us to identify you in your email, such as your account information. Please note we will take reasonable steps to verify your identity and the authenticity of the request.

Residents of other U.S. states may have similar rights, depending on the laws of each state. Please contact us as indicated below to exercise any rights you are entitled to under your state’s laws. Please note we will take reasonable steps to verify your identity and the authenticity of the request.

13. International Visitors

The Site and our Services are hosted in and provided from the U.S. If you use the Site or our Services from the European Union (or European Economic Region, "EU") or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the U.S. The U.S. does not have the same data protection laws as the EU and some other regions. By providing your Personal Information, you consent to the transfer of your personal data to the U.S. and the use of your Personal Information, in accordance with this Privacy Policy.

14. Information Retention, Disposal, and Management

We may retain Personal Information for as long as we have a business need for it or as applicable laws, regulations, or government orders require us to retain it. Additionally, the Site and/or our Services may enable you (or other users) to save information including information that you have made public or allowed certain users to access or see.

If you request to permanently delete your account, we will confirm with you first and then schedule your account for anonymization, which may take at least 7 days. Once anonymized, your name, email, username, and other personal information will be removed and any existing comments or discussions will display “Account Closed.”

You may manage your Personal Information on our Site, including backing up and exporting your data associated with your account. If you want to delete or modify any Personal Information that is inaccurate, you may do so by sending an email to service@fitnessblender.com. If you have an account, you may login to your account to update your profile information, export such information, and request the deletion of your account. In making or requesting modifications, you must provide only truthful, complete, and accurate information. We may limit your right to make changes to Personal Information where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the legitimate interests of other persons may be violated.

Please note that notwithstanding your request to change or delete Personal Information, we may be required to keep this information and not modify or delete it, or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from the active database, but may remain in our archives. In some instances, however, Personal Information that you requested to be removed may be retained in certain files for a period of time in order to troubleshoot problems. In addition, some types of Personal Information may be stored indefinitely on back-up systems or within log files due to technical constraints or financial or legal requirements. Therefore, you should not always expect that all of your Personal Information will be completely removed from our databases in response to your request.

We reserve the right to verify the identity of any person making a request to delete or modify incorrect Personal Information, to charge you a fee before providing access and to deny such requests, except as prohibited by law; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion we make for any reason.

15. “Do Not Track”

Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings. Our capabilities at this time prohibit us from honoring the “Do Not Track” web browser settings. Other third parties may or may not honor Do Not Track signals. These parties may collect Personal Information about your online activities over time and across different web sites when you visit the Site, for example by using cookies on our Site. We have no access to or control over other parties’ Personal Information collection practices, even those with which we may have an affiliation. You should carefully review the privacy policy and terms of any website you visit. For more information about Do Not Track, please visit www.allaboutdnt.org.

16. Terms Applicable to Data from EU Member Countries

We are based in and operate from the U.S. In most cases, the Personal Information we collect is stored and used in the U.S. While we do not direct our Services to residents of the EU, it is possible that EU residents may access and use the Site.

If we collect Personal Information from EU residents in a manner subject to the General Data Protection Regulation (GDPR) then, in addition to the above, the following terms shall also apply to our collection, use, and retention of that information:

Basis for Collection: As set out above, we collect and process Personal Information for which you have given your express consent at the time of collection. For example, we collect Personal Information when you elect to create an account. We also collect and process Personal Information to order to improve our Site, to deliver Services and perform obligations under contracts we have with you, and to comply with our own legal obligations.

Sensitive Data: At this time we do not intentionally collect sensitive data, for example, biometric data, health data, political affiliation, religion, sexual orientation, or data revealing racial or ethnic origin, from visitors to the Site (“Sensitive Data”). Sensitive Data is a type of Personal Information that, if revealed, can leave an individual vulnerable to discrimination or harassment and may impact their livelihood, quality of life, and ability to participate in daily activities. We therefore avoid collecting this type of information.

Onward Transfer: Except as otherwise provided in this Privacy Policy, we only disclose Personal Information to third parties who reasonably need to have access to it for the purpose of the transaction or activity for which it was originally collected or to provide Services to or perform tasks on our behalf or under our instruction. All such third parties must agree to use such the Personal Information we provide to them only the purposes for which we have engaged them and they must either: (a) comply with the EU-US Privacy Shield Principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Information; or (b) agree to provide adequate protections for the Personal Information that are no less protective than those set out in this Privacy Policy. Where we have knowledge that an entity to whom we have provided Personal Information is using or disclosing Personal Information in a manner contrary to this Privacy Policy, we will take reasonable and appropriate steps to prevent, remediate, or stop the use or disclosure.

Authorized Transfer: We also may disclose Personal Information for other purposes or to other third parties when you have consented to or requested such disclosure. Please be aware that we will disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We are not liable for appropriate onward transfers of personal data to third parties.

Data Processors: We may retain third parties to process or analyze Personal Information we collect from the Site. For example, a Site may be maintained or hosted by a third-party service provider, a promotion may be administered by a sales-promotion agency, and/or products may be fulfilled by a wholesaler. These suppliers and other third parties who provide services for us are contractually obligated not to use Personal Information about you except as we authorize.

Profiling: We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use Personal Information about you to detect and reduce fraud and credit risk.

Your Rights: Your rights may include: (a) a right to withdraw your consent to the processing of Personal Information about you to which you have previously given consent; (b) a right to object to processing of Personal Information about you for the purpose of direct marketing; and (c) a right to have incorrect Personal Information about you corrected or removed.

If you request to have incorrect Personal Information removed, we may retain some of your Personal Information as necessary for the purposes of our legitimate business interests or in furtherance of public interests in accordance with the Privacy Shield Principles. Any Personal Information you have shared publicly with others may continue to be publicly visible on the Site.

You also have the right to obtain a copy of the Personal Information we have about you, although we reserve the right to charge a fee for this depending on the nature and frequency of your request(s) and our cost to provide the information.

Questions and Complaints: If you have questions or complaints regarding this Policy or our handling of your Personal Information, please contact us at service@fitnessblender.com. We will promptly investigate and attempt to resolve complaints and disputes in a manner that complies with the principles described in this Privacy Policy.

17. Changeability

We reserve the right to change or modify this Privacy Policy, the Site, and the Services we offer at any time to reflect changes in our business, practices, or to keep current with relevant laws or industry standards. We may attempt to notify registered users of material changes by sending an email to the email address you most recently provided us in your account, profile, or registration (unless we do not have such an email address), and/or by posting notice of the changes on the Site. Your access to and/or use of the Site and our Services will be subject to the most current version of this Privacy Policy posted on the Site at the time of your access or use. We recommend that you check the Site from time to time to inform yourself of any changes in this Privacy Policy, and stay apprised of any other Policies that may be applicable; you are solely responsible for reviewing and becoming familiar with any modifications to this Privacy Policy.

18. Questions and Contact Information

If you have any questions about our Privacy Policy or privacy practices, please contact us at service@fitnessblender.com.

Name: Compliance Officer
Address: Fitness Blender LLC, P.O. Box 1012, Mount Vernon, Washington 98273

If you would like to exercise any of your rights as described in this Privacy Policy, please:

• Email us at service@fitnessblender.com
• Contact us at our Contact Us form.

If you choose to exercise any of your rights, you will need to provide us with:

• A description of what right you want to exercise and the information to which your request relates.
• Enough information to identify you (e.g., your full name, email address and customer or matter reference number); and as we may request,
• Proof of your identity and address (e.g., a copy of your Driver's License" or passport and a recent utility or credit card bill).

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

Last Updated: July 2021