evolutionaryeating.com Website
Privacy Policy
Welcome to evolutionaryeating.com (the “Site”), which is owned and operated by BrainChanging, LLC (hereinafter collectively “BrainChanging” or “we”). PLEASE READ CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF USE, which together constitute the agreement between us and each user (“you” or “User”) concerning the use of the Site (including use of any information, content, material, product or service obtained on or through the Site). This Privacy Policy informs you of what information we may collect from or about you on the Site, how we may use such information, and your choices regarding our use of your information. If you disagree with any of the provisions of this Privacy Policy, please DO NOT use the Site.
Notice To California Residents – Your California Privacy Rights:
Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (i) having EITHER a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (ii) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.
Any request for a disclosure required under this California law should be sent to us at the email or postal address specified in Section 10 (Contact Us) below. Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
1. What Information We May collect
1.1 Personal Information: This refers to your personally identifiable information, such as first and last name, telephone number, email address, mailing address, date/year of birth, and personal background information. Many areas of the Site do not require registration and may be accessed by you without having to disclose any Personal Information. However, to the extent you voluntarily provide your Personal Information to us, we collect such information. For example, we collect Personal Information from you: (i) when you create an account on the Site; (ii) when you sign up for a promotion or event offered on the Site; (iii) when you join our electronic mailing list; and/or (iv) when you submit a request or inquiry to us; each of the foregoing is referred to hereinafter as a “Transaction or Request.” Whether or not to disclose Personal Information is completely your choice. However, without your information, we will not be able to process your Transaction or Request.
By making a Transaction or Request on the Site, you represent and warrant that: (i) you are at least 18 years of age; and (ii) all information you submit to us is your own information and is truthful and accurate.
1.2 Aggregate and Anonymous Information: This refers to any information that does not identify you individually. For example, we may collect anonymous group data (demographics, media habits, interests and preferences, etc.) about our users and audiences. We also collect aggregate traffic data pertaining to the Site, such as: total page views in a given time period; total impressions per ad; average amount of time that visitors spend on the site each time they visit; average amount of time that visitors spend on each page of the site; percentage of visitors from a certain geographical area, etc. Moreover, we may combine user activity information (as described in Section 1.3 below) about you and other users of the Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users and audiences as a group. In addition, we may take Personal Information and make it non-personally identifiable, such as by aggregating your information with information about other users, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.
1.3 User Activity Information: This refers to information we may collect about user activities on the Site. For example, the Site servers may automatically collect and log “clickstream data” for all visitors to the Site, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc. The Site also uses cookies and/or similar devices to collect user activity information on the Site (see Section 4 (Cookies and Similar Devices) below for more information).
To the extent we use user activity information in a manner that identifies a specific user individually (e.g., if we link or associate such information with name or address), it will be treated as “Personal Information.” Otherwise, user activity information will be treated as “Aggregate and Anonymous Information.”
2. How We May Use the Information
As a general matter, we use information collected from and/or about Users to improve the Site, to administer and maintain operations of the Site, and to administer and manage transactions and relationships with Users.
2.1 For Transaction/Customer Relation Purposes: If you provide Personal Information on the Site in connection with a Transaction or Request, we will use your information to process, administer, manage, and communicate with you regarding such Transaction or Request. For example: (i) if you create an account on the Site, we will use your information to set up, administer, service, and communicate with you regarding your account; (ii) if you sign up for a promotion or event offered on the Site, we will use your information to process, administer, and communicate with you regarding your participation in such promotion or event; (iii) if you join our electronic mailing list, we will use your information to send you our electronic communications, including our newsletters, announcements, alerts, notices and updates; and (iv) if you submit a request or inquiry to us, we will use your information to respond to your request or inquiry. Also, if you provide your email address or mailing address to us, we may use such address to send you notices of a transactional, administrative or relationship nature or as required by law, such as notice of a material change in this Privacy Policy or our Terms of Use, notice of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.
2.2 For Marketing Purposes: If you provide Personal Information on the Site in connection with a Transaction or Request, we may use your information to send you marketing communications (such as via email) to inform you about products, services, offers, promotions, etc. that may be of interest to you, including those from our corporate affiliates and our business partners. However, we do not knowingly share your Personal Information with third parties for their direct marketing uses, unless you have opted in (whether on the Site or otherwise) to receiving marketing communications directly from such third parties.
2.3 Sharing with Service Providers: We may share your information with third-party service providers and vendors (collectively “Service Providers”) who need to access your information in order to perform necessary services for us or the Site, including data processing and storage, data security, and hosting, maintenance and technical support for the Site. We require that our Service Providers limit their use of User personal information solely to the purposes for which it was disclosed by us, and that they maintain the confidentiality, security and integrity of such information and not make any further disclosure to others.
2.4 Disclosure Under Other Circumstances: We may disclose your information to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (i) comply with legal process (including a court order or subpoena); (ii) cooperate with law enforcement; (iii) enforce this Privacy Policy and/or our Terms of Use; (iv) respond to an emergency; or (v) protect the rights, property or safety of BrainChanging, its corporate affiliates, other Users, and/or the public.
In addition, if BrainChanging is sold or transferred to, merged with, or acquired by a third party, your information may be transferred to such third party as part of the transaction, in which event the privacy policy of such third party may govern further use and disclosure of your information.
2.5 Research Use: We may use and share Aggregate and Anonymous Information to conduct market research and analysis for ourselves, our corporate affiliates and/or our business partners. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our Service Providers in order for them to perform services to or for us.
3. Your Choices
3.1 Information Access: If you have an account on the Site, you may update and correct your account information by logging into your account, or by contacting us at the email or postal address specified in Section 10 (Contact Us) below.
3.2 Account Cancellation: If you wish to cancel your account on the Site or delete your personal information previously provided to us, you may send your request to us at the email or postal address specified in Section 10 (Contact Us) below. However, you acknowledge that we reserve the right to retain your information if doing so is required by law or to comply with legal process (including a court order or subpoena) or a legitimate law enforcement need.
3.3 Opt Out: To opt out of receiving marketing communications from us, please send your request to the email or postal address specified in Section 10 (Contact Us) below. For marketing emails, you can also use the opt-out means (e.g., an “unsubscribe” link) provided in marketing emails that you have previously received from us.
4. Cookies and similar devices
4.1 Cookies: The Site may send cookies, which are small pieces of data, to your web browser to facilitate your use of the Site. Cookies help us deliver content specific to your interests and permit our servers to recall information from your prior visits to the Site. We may use information collected from cookies in conjunction with other information we have collected from you. We do not, however, use cookies to access information on your computer or device. You can choose whether to accept cookies by adjusting the settings of your browser. If your browser is set to reject cookies, you may still enter the Site, but you may not have full access to all areas within the Site.
4.2 Other Tracking Devices: The Site may use other industry standard technologies like pixel tags and web beacons to track your use of the Site, or we may allow our Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on the Site, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a non-personally identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the Site, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by others for the same purposes.
4.3 Third-Party Advertisers: Third-party advertisers, including so-called “network advertisers” or “ad networks,” may place or serve or manage ads on the Site. When you visit the Site, such third-party advertisers may use cookies, web beacons and/or other tracking devices to collect User Activity Information about your visits to the Site and to serve interest-based ads directly to your browser. We have no access to or control over cookies or other tracking devices used by third-party advertisers. This Privacy Policy covers the use of cookies by the Site only and does not cover the use of cookies or other tracking devices by any third-party advertisers. For more information regarding the data practices of some of these third-party advertisers and how to opt out of their use of your information, please visit:
www.networkadvertising.org/managing/principles.asp
www.networkadvertising.org/managing/opt_out.asp.
4.4 Third Party Functionalities: The Site contains links to and/or enables certain third-party functionalities to enhance your experience on the Site, including social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Site, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
4.5 Flash Cookies: The Site and/or third-party advertisers on the Site may use “Flash cookies” or similar technology for tracking purposes, saving preferences or when serving and managing ads on the Site. To learn more about what a “Flash cookie” (also known as “local shared object” or “LSO”) is and does, please visit www.adobe.com/products/ flashplayer/articles/lso/ and epic.org/privacy/cookies/flash.html.
You should know that Flash cookies cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out, or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit:
http://www.adobe.com/products/flashplayer/articles/lso/
http://www.adobe.com/products/flashplayer/articles/lso/
http://www.adobe.com/products/flashplayer/articles/lso/
http://www.macromedia.com/support/documentation/en/flashplayer/help/ settings_manager07.html.
5. Security
We use commercially reasonable measures to safeguard Personal Information that Users have shared with us, but absolute security cannot be guaranteed. No data transmission over the Internet and no data storage can be 100% secure. Consequently, we and our Partner Schools do not warrant or guarantee the security of any information you transmit to, from or on the Site. We will endeavor to notify you in the event we become aware of a breach or suspected breach of the security of your Personal Information stored by or for us. However, we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.
It is important for you to protect against unauthorized access to your account access information and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe.
IMPORTANT NOTICE: The Site provides certain forum features (e.g., chat/discussion rooms, message boards, bulletin boards, etc.) (each, a “Site Forum”) for registered Users to communicate and interact with one another. By using a Site Forum, you understand and acknowledge that because posts in a Site Forum can be accessed by others, if you post any Personal Information about yourself, including anything relating to your health, that information will be viewable by others and can be used or misused by others. Such information, if otherwise protected by state or federal privacy laws, may no longer be protected by those laws once posted by you voluntarily. We caution that you refrain from disclosing any information that you consider private. All posts to a Site Forum are deemed voluntary and non-confidential and information submitted becomes public in nature.
6. Links to Third-Party Websites
The Site may contain links to third-party sites that are not owned or controlled by or affiliated with us. We are not responsible for the privacy practices of such third-party sites. Once you enter such a third-party site, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policy of that third party. Such third-party sites’ privacy policies and practices may be substantially different from those of ours. They may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third-party sites entirely at your own risk. You should always read the privacy policy for a third-party site before disclosing any personal information on such site.
7. Protecting Children
The Site is not designed or intended for anyone under the age of 13, and we do not knowingly collect personal information from anyone under 13 on the Site. Children under the age of 13 will not be permitted to register or otherwise interact with us on the Site. If we discover that any Transaction or Request is made by an underage child, all Personal Information associated with such Transaction or Request will be permanently deleted from the Site. We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.
8. INTERNATIONAL USER NOTICE
For international Users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. For residents of the European Union: the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. By using the Site, you agree to have your information used and transferred to the United States as set forth in this Privacy Policy.
9. CHANGES IN PRIVACY POLICY
We reserve the right to change and update this Privacy Policy at any time in our sole discretion. For example, we may amend this Privacy Policy to incorporate additional rules and policies as may be established by us from time to time, and/or to comply with or adopt any changes in law or industry practices. If we make material changes and updates to this Privacy Policy, we will announce and post such changes and updates on the Site for the general public. If you have provided your email address to us, we may also notify you of such changes and updates via email. By continuing to use the Site after such notice, you signify your consent and agreement to all changes and updates of which you have been given notice.
10. Contact Us
All communications to us concerning this Privacy Policy should be sent via postal mail or email to:
BrainChanging, LLC
Attn: Movementdoctor.com
4N625 Burr Road
St.Charles, IL, 60175
Attn.:Theresa Nesbitt
Email: theresanesbitt@gmail.com
11. EFFECTIVE DATE
This Privacy Policy is effective as of March 30, 2012