Privacy Policy

WHAT INFORMATION IS COLLECTED ABOUT YOU ON OUR WEBSITE OR THROUGH OUR APP?

We collect personally identifiable and health information.

1. Personally Identifiable Information.

Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). Such Personally Identifiable Information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing and payment information. We may request Personally Identifiable Information from you when you register on our Website or App. In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us. Unless you give us permission to do so, we will not sell, share, license, trade or rent your Personally Identifiable Information other than as specified in this Privacy Policy.

You do not have to provide us with any Personally Identifiable Information to visit our Website. However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or use our App.

When you become a registered user of our Website or App, we also may collect information that by itself cannot be used to identify or contact you.

2. Fitness Information.

The App is more powerful if you provide your Fitness Information. Such Fitness Information may include personal or family history of chronic illness such as heart disease, hypertension or stroke. Fitness Information also includes any current conditions that affect exercise or nutrition such as obesity, acute ankle sprains, tennis elbow (lateral epicondylitis), etc. We may request Fitness Information from you when you register on our Website or App. In all of these cases, we will collect Fitness Information from you only if you voluntarily submit such information to us. We will not sell, share, license, trade or rent your Fitness Information other than as specified in this Privacy Policy.

You do not have to provide us with any Fitness Information to use our App or Website. However, if you choose to withhold requested information, exercises and nutrition plans suggested to you will not be customized to your fitness needs.

WHERE AND WHEN IS INFORMATION COLLECTED ON OUR WEBSITE OR THROUGH OUR APP (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Website, such as when you register for our Website or download the App. The following is a description of the areas and/or manners in which we primarily collect information about you.

3. Becoming a Registered User and Subscription.

In order to access our App, you must first complete certain steps to become either a registered user or a member. During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, address, telephone number, email address, date of birth and, if you enroll in certain programs, payment and billing information. This information is used to help us understand who uses our products, to improve our Website and our App, to contact users for subscription billing purposes. It is optional for you to provide FitnessInformation, but providing this information is encouraged so we can provide a more personalized experience on our App/Website.

4. Cookies and Other Tracking Technologies.

Better Living , LLC and our marketing partners, affiliates, or analytics or service providers use cookies and similar technologies in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to:

• personalize your experience on our Website (e.g., to dynamically generate content on webpages specifically designed for you),
• assist you in using our App (e.g., to save you time by not having to reenter your name upon each visit to our Website), and
• allow us to statistically monitor how you are using our Website for purposes of improving our online offerings.

We also may use cookies to conduct marketing and promotional efforts, tailor certain advertisements to your browser that we think may be of interest to you, or to determine the popularity of certain content. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Website, but your ability to use some features or areas of our Website may be limited.

5. Social Media (Features) and Widgets

Our Website includes social media features, buttons and widgets provided by third party social media platforms such as Facebook and Twitter (collectively, the “Features”). A Feature may collect your IP address and which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. This cookie may allow the social media platform to link the foregoing data with your user profile. The Features are either hosted by the third party platform or directly on our Website. Your interactions with these Features are governed by the privacy policy of the relevant platform.

6. Testimonials

We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to delete your testimonial from our Website, you can contact us at office@betterlivingfitness.com.

7. Handheld Products

Information is also collected when you use our Handheld Products, including the software application needed to utilize the Handheld Products on your handheld device (the “App”). During the installation of the App and subsequent synchronizations, we collect information concerning your device (such as the specific type of operating system and hardware you have, and the amount of free and total memory) and the App’s files on your device.
Our Handheld Products also collect information about your usage of the App (such as the dates you last synced with the Internet or the dates you last used certain features). When you sync your device with the Website, we store some of this information.

8. Log Files

As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. This information may be used to analyze trends, to administer the Website, to monitor our Website’s use, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes such as personalizing your experience on our Website and evaluating our App in general.

9. Email or Refer a Friend

Through our referral tools for informing a friend about our Website, or our App, we will automatically send your friend a one-time email containing the information you request to be sent. If you elect to use these referral tools, we will collect from you certain Personally Identifiable Information about your friend such as your friend’s name and email address. We may store that information for purposes of sending the one-time email and as necessary to operate and track the success of our referral program. We will not use your friend’s information for any other purpose. Your friend may contact us at office@betterlivingfitness.com to request that we remove this information from our database.

10. DO WE COLLECT INFORMATION FROM CHILDREN UNDER 12 YEARS OF AGE? 

We are committed to protecting the privacy of children. Our Website and App are not designed for or directed to children under the age of 12. We do not collect Personally Identifiable Information from any person we actually know is under the age of 12. We urge all parents or guardians to participate in their children’s exploration of the Internet, and to teach their children about protecting their personally identifiable information and fitness information while online.

11. WHAT DO WE DO WITH THE INFORMATION WE COLLECT?

In general, we use the information collected on our Website and through our App to help customize your training and improve your fitness experience. The information you provide helps us understand who uses our Website and App and how they are used, to personalize your experience, to assist you in using our App, to improve our Website and App, and for subscription billing purposes, if applicable. With respect to our Handheld Products, for example, we may use such information, among other things, to ensure that your handheld device is supported and that it has enough room for the App, and to confirm which versions of the App’s files are installed on your device. If you become a registered user of our Website or enroll in one of our Apps, we may use your information to send you a welcoming email that may confirm your username. If you “opt-in” (for example, if you check a box, or if the box is pre-checked, you do not opt out by unchecking the box) we may send you electronic newsletters, contact you about Better Living, LLC products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to contact you about important service announcements and updates regarding our Website or App or, if you are a member, about your billing account status. You will not be able to opt-out of these service announcements and updates as they contain important information relevant to your use of our Website and/or our App and are not promotional in nature. (If you do not wish to receive these service announcements, you may cancel your account with us and delete the Personally Identifiable Information maintained about you on our systems by contacting our Privacy Coordinator at the address set out below.)
In addition, we may use your information to contact you about Better Living, LLC products, services, information and news that may be of interest to you by postal mail if you become a registered user of our Website or download our App and/or by phone, unless you notify us that you no longer desire to receive these communications.

We may also use the information gathered on our Website and through our App to perform statistical analysis of user behavior, to analyze and evaluate issues relating to nutrition, weight-loss, behavior and fitness, or to evaluate and improve our App. We may link some of this information to Personally Identifiable Information and Fitness Information for internal purposes only or to assist you in your personal fitness efforts.

12. WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES? 

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Website.

We may disclose information (including Personally Identifiable Information and Fitness Information) about you to our Affiliates. For purposes of this Privacy Policy, “Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Better Living, LLC, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Privacy Policy.

14. Laws and Legal Rights.

We may also disclose your information (including Personally Identifiable Information and Fitness Information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms & Conditions , or our Subscription Agreement or to protect the safety and/or security of our users, our Website or the general public.

15. Third Parties Generally.

We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

16. Outside Contractors.

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to our Website or App, such as App support, providing payment processing and fraud screening, and developing applications for our App, Website and e-mail services. These Outside Contractors may sometimes have access to information collected on our App or Website, including your Personally Identifiable Information and Fitness Information, in the course of providing products or services to us. We also require that these Outside Contractors (i) protect the privacy of your Personally Identifiable Information and Fitness Information consistent with this Privacy Policy, and (ii) not use or disclose your Personally Identifiable Information or Fitness Information for any purpose other than providing us with products or services for which we contracted.

17. Third Party Sellers.

In addition, through our Website, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services which are sold through a person or company other than us or our Affiliates (collectively, “Third Party Sellers”). We will attempt to make it clear to you when you are dealing with a Third Party Seller by opening a new browser, changing the URL at the top of your browser page or otherwise notifying you that you are leaving our Website. Third Party Sellers may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. You do not need to submit this information or purchase any products or services from Third Party Sellers to access our Website. By submitting the requested information, you affirmatively consent to have that information shared with the Third Party Seller. This information is used by the Third Party Seller and may be subject to a different privacy policy. We do not otherwise share or disclose your Personally Identifiable Information or Fitness Information to Third Party Sellers.

18. Sale of Business.

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of Better Living, LLC, or in the case of bankruptcy, provided that the third party agrees to adhere to the terms of this Privacy Policy. We will notify users of any such transfer through notice on our site and through email.

19. DOES THIS PRIVACY POLICY APPLY WHEN YOU LINK TO OTHER WEBSITES?

No. Our Website contains links to other websites not owned or operated by Better Living, LLC (for example, if you “click” on a banner advertisement, you will likely be taken off our Website). Please be aware that we are not responsible for the privacy practices of such websites. We encourage you to be aware when our Website links to other websites and to read the privacy policies or statements of each and every website. This Privacy Policy applies solely to information collected by our Website or through our App.

20. IS THE INFORMATION WE COLLECT SECURE?

We want your information (including Personally Identifiable Information and Fitness Information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the Personally Identifiable Information and Fitness Information you provide to us via the Internet at the time you become a registered user, enroll in our App, or throughout your usage of the App, we use Secured Socket Layer (SSL) encryption technology in transmitting such Personally Identifiable Information of Fitness Information over the Internet to our servers. We secure the Personally Identifiable Information and Fitness Information you provide on servers located at third party providers.

Notwithstanding the above commitments to protect your information (including Personally Identifiable Information and Fitness Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

21. WHAT CHOICES DO YOU HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

Except as otherwise described in this Privacy Policy, we will only use Personally Identifiable Information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must “opt-in” and give us permission to use your Personally Identifiable Information for any other purpose. If you no longer wish to receive communications from us via postal mail, you may notify us by calling us at 1-734-747-0123 or by contacting our Privacy Coordinator at the address set out below.

You may change your preference and “opt-out” of receiving other communications by changing that option in the Communication Preferences feature of our Website, following the directions provided in association with the communication, or by contacting our Privacy Coordinator at the address set out below.
Users of our Website are notified when Personally Identifiable Information is being collected by third parties on our Website. We do this so you can make an informed choice as to whether you should disclose information to a third party.

Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. Please note that we do not interpret or respond to “Do Not Track” signals. However, you may set your Web browser to not accept new cookies or web beacons, be notified when you receive a new cookie, or reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. Please note that if you do not accept cookies, you may not be able to use certain products, offerings, features, or resources of our Website (including our App).

22. CAN YOU UPDATE OR CORRECT YOUR PERSONALLY IDENTIFIABLE INFORMATION OR FITNESS INFORMATION?

Upon request, Better Living, LLC will provide you with information about whether we hold any of your personal information. You can always contact us in order to (1) update or correct your Personally Identifiable Information of Fitness Information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the Personally Identifiable Information and/or Fitness Information maintained about you on our systems, by accessing Profile and Health in the App or contacting our Privacy Coordinator at the address set out below. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our systems. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personally Identifiable Information and Fitness Information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all Personally Identifiable Information and Fitness Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate. We will respond to your request within 30 days.

23. HOW WILL YOU KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

If we decide to change this Privacy Policy, we will post those changes on our Website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use Personally Identifiable Information and/or Fitness Information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you, at the time it was collected, we will notify you by email or otherwise, and you will have a choice as to whether or not we use your Personally Identifiable Information and/or Fitness Information in the new manner. We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your Personally Identifiable Information or Fitness Information. If you do not agree to the terms of this Privacy Policy, you should not use our Website or App.

24. WHOM DO YOU CONTACT IF YOU HAVE ANY PRIVACY QUESTIONS?

If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Privacy Coordinator in any of the following ways: 

Email our Privacy Coordinator at:
office@betterlivingfitness.com
Or, write to our Privacy Coordinator at:

Better Living, LLC
834B Phoenix Dr. Ann Arbor, MI 48108
Attn: Privacy Coordinator

 

Last modified as of July 30, 2020