Effective Date: September 1, 2023

The Fiziolog.com website and its associated services, software, information, and content (collectively “Website”) is owned and operated by Fiziolog, LLC (“Fiziolog”, “our”, “us”, “we”), a Michigan Limited Liability Company. Fiziolog has adopted this Privacy Policy (“Privacy Policy”) to inform you that it collects Personal Information when you use the Website and to explain how this information is used. You should contact Fiziolog directly with any questions or concerns.

FIZIOLOG MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT FIZIOLOG CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN.

Definitions

• California Consumer Privacy Act (“CCPA”) means the California statute intended to enhance privacy rights and consumer protection for residents of California, United States.
• General Data Protection Regulation (“GDPR”) means the European Union (“EU”) law on data protection and privacy applicable to individuals within the EU.
• Personal Data means any information relating to an identified or identifiable individual, such as a name, address, telephone number, or email address, or information about that individual that is directly linked to personally identifiable information. Personal Data may also include information about any transactions that you enter into via the Website. Personal Data does not include data Fiziolog collects that cannot be used to identify an individual, encoded or anonymized information, and/or other aggregated data that does not contain personally identifying information.
• Personal Information under the CCPA means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. For purposes of this Privacy Policy, “Personal Data” is included within this definition.
• User(s) means individuals who visit and browse the Website.
• You/Your means User(s)

Types of Personal Information We Collect

Fiziolog may collect the following Personal Information from Users:

• First name;
• Last name;
• Email address;
• Date of birth;
• Phone number;
• Your geolocation;
• Your IP address;
• Your browser and search engine information;
• Your device information;
• Your visitor history;
• Your usage of the Website, including, without limitation, any links or items clicked or pages viewed and statistics;
• Information stored in cookies, pixel tags, or web beacons;
• Analytical data from Google Analytics; and
• Any other additional data that you voluntarily submit to the Website.

Types of Non-Personal Information We Collect

Fiziolog may collect the following non-Personal Information from Users:

• Information regarding your body type, health, and fitness, such as height, weight, and blood pressure
• Your browser and search engine information;
• Your device information;
• Your visitor history;
• Your usage of the Website, including, without limitation, any links or items clicked or pages viewed and statistics;
• Information stored in cookies, pixel tags, or web beacons;
• Analytical data from Google Analytics; and
• Any other additional analytic data that you voluntarily submit to the Website.

Sources of Personal Information Collection

Fiziolog may collect this Personal Information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through requests initiated by you through the Website, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, Google AdSense, and through other sources permitted by law.

Cookies & Similar Technologies

The Website also utilizes Cookies. Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the Cookie. We use Cookies and similar technologies to enable our systems to recognize your browser and to provide certain features. We also use “web beacons” to help deliver Cookies and gather usage and performance data. The Website may also include Cookies, web beacons, and other similar technologies from third-party service providers.

You have a variety of tools available to control the data collected by Cookies, web beacons, and similar technologies. For example, you can use controls in your Internet browser to limit how the websites you visit are able to use Cookies and to withdraw your consent by clearing or blocking Cookies. You can also stop Fiziolog from placing Cookies (other than those required for the Website to function) on your device by referencing the instructions below or opting out using the Cookie notification opt-out on your initial visit to the Website.

The table below sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies:

Lawful Basis for Processing Your Personal Information

The lawful basis for us processing your Personal Information for the uses described above will typically be because you have provided your consent; it is necessary for our contractual relationship; the processing is required for us to comply with legal obligations; and/or the processing is in our legitimate interest of quantifying and assessing the health and fitness levels of Users.

How Fiziolog Uses Your Personal Information

We use your Personal Information based upon the legal basis of Users’ consent to provide you with the Website, process any requests made by you, communicate with you, identify and fix problems with the Website, and update you regarding changes to the Website and third-party services offered through the Website.

By using the Website, you further authorize the following specific uses of your Personal Information:

• Enable your use of the Website and its associated services;
• Improve algorithms;
• Measure service usage;
• Develop new features;
• Contact and communicate with you, whether through email, telephone, text message, and/or messages within the Website;
• Customize and/or tailor the Website and your user experience, which may include targeted selection and display of third party advertisements within the Website;
• Aggregate certain information that does not include your personal information and disclose it for analysis, demographic profiling and/or targeted advertising;
• Advertise products and services of Fiziolog;
• Transmit and process your information and actions within the Website;
• Provide statistical information, and include you in the same, where applicable;
• Provide you with technical service and support, including updates;
• Store, archive, retrieve, and make copies of your user generated content;
• Understand your needs and requests;
• Communicate promotions or other offers;
• Process payments;
• Prevent and detect illegal activities or violations of your Terms of Use;
• Combine your personal and personally identifiable information with information from other Fiziolog’s applications and/or services; and
• Facilitate your use of the Website and upgrades/replacements to the Website.

Sharing of Your Personal Information

Fiziolog shares Your Personal Information with third parties in the following circumstances:

• Where Fiziolog has obtained your consent;
• Where sharing or disclosure of your Personal Information is necessary to provide you with the Website, and/or associated services (We may share your personal or personally identifiable information with trusted third-parties who assist us in operating the Website, providing the associated services, and conducting our business);
• Where sharing or disclosure of your Personal Information is necessary to share personal or personally identifiable information with Fiziolog’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;
• Where Fiziolog has been purchased by a third party;
• Where sharing or disclosure of your Personal Information is necessary to respond to requests by government authorities;
• Where your Personal Information is demanded by a court order or subpoena;
• Where sharing or disclosure of your Personal Information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and
• Where Fiziolog is otherwise legally obligated to share your personal or personally identifiable information.

No Liability for Third-Party Services and Third-Party Links

The third-party service providers affiliated with Fiziolog have their own independent privacy policies governing the use of your Personal Information pursuant to the GDPR and we encourage you to read those privacy policies carefully. You understand that even if Fiziolog deletes your Personal Information that it may still be available in a third-party service provider’s database.

Fiziolog has no responsibility or liability for the Personal Information collection, use, or storage activities of the third-party services providers used by Fiziolog to provide you with the services associated with the Website.

Fiziolog may outsource or subcontract some of our technical support, tracking and reporting functions, database management functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy and the GDPR. You understand and agree that Fiziolog will not be held responsible for any third-party communications sent by entities that Fiziolog does not own or control. You are encouraged to review any third-party privacy policies before utilizing any such third-party service.

Personal Information Transfer and Storage

Your Personal Information is stored and processed on computers and servers in the United States and through your use of the Website, you consent to the processing and storage of your Personal Information and personally identifiable information. You understand that your Personal Information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction. If you are located outside the United States and choose to provide Personal Information to us, please note that we transfer your Personal Information to the United States and process it here, and that we may store portions of your Personal Information in the United States.

Users understand and agree that if they provide Fiziolog with Personal Information that it is stored indefinitely, unless the User contacts Fiziolog to have their Personal Information removed from storage. As specified above, even if Fiziolog deletes your Personal Information from its own serves, it may still be available in a third-party service provider’s database. You should consult with those third-parties in the event you would like Personal Information deleted therefrom.

Personal Information Security

Fiziolog uses standard technology to store and help prevent against the unauthorized disclosure of your Personal Information. Though we undertake commercially reasonable efforts to protect your information, no website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk. In order to protect your Personal Information, Fiziolog uses specific security measures, such as Secure Sockets Layer (SSL) protocol.

EU Users’ Rights Under the GDPR

The GDPR provides Users located in the EU under its protection certain rights with respect to their Personal Data collected by us on the Website. Accordingly, Fiziolog recognizes and will comply with the GDPR and those rights, except as limited by applicable law. The rights under the GDPR include:

• Right of Access: This includes the right to obtain from us your Personal Data and whether it is being processed, along with the purposes of the processing; categories of Personal Data concerned; recipients to whom your Personal Data has been disclosed; the period for which your Personal Data is being stored; and the right to lodge a complaint.
• Right of Rectification: This includes the right to correct inaccurate Personal Data collected and/or stored by us.
• Right of Erasure (“Right to be Forgotten”): This includes the right to have your Personal Data deleted. However, if applicable law requires us to comply with your request to delete information, fulfillment of your request may prevent you from using our services and may result in closing your account.
• Right to Restriction of Processing: This includes the right to request restriction of how and why your Personal Data is used or processed by us.
• Right to Data Portability: This includes the right to receive your Personal Data in a structure, readable format and the right to have your Personal Data transferred.
• Right to Object: This includes the right to object to us processing your Personal Data for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes.
• Right to not be Subject to Automated Decision-Making: This includes the right to not be subject to a decision based solely on automated processing, including profiling, that could have a legal, or similarly significant, effect on you from being made solely based on automated processes.

California Users’ Rights

Under the CCPA, California Users have the following rights:

• Right to Know About Personal Information Collected, Disclosed, or Sold: You have the right to request that Fiziolog disclose what Personal Information of yours it collects, uses, discloses, and sells over the past 12 months.
• Right to Have Personal Information Deleted: You have the right to request that Fiziolog delete any of your Personal Information that we collected from you. Fulfillment of your request may prevent you from using our services and may result in closing your account.
• Right to Opt-Out of the Sale of Personal Information: Fiziolog does not sell Personal Information.
• Right to Non-Discrimination: Fiziolog shall not discriminate against California Users for exercising their rights under the CCPA

To exercise your rights under the CCPA, you may submit a request to Fiziolog by contacting Fiziolog at Support@fiziolog.com.

Under California’s “Shine the Light Law,” California residents have the right to receive information that identifies any third-party companies or individuals that Fiziolog has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Fiziolog in writing at the address below.

Purchase or Sale of the Website or Other Assets

Fiziolog may purchase other businesses or sell components of its business, including, but not limited to, the Website. In the event Fiziolog purchases another business or sells any component of its business, your Personal Information will continue to be used consistent with the terms of this Privacy Policy.

How to Stop Fiziolog from collecting your Personal Information

You can stop Fiziolog from collecting your Personal Information by contacting Fiziolog at Support@fiziolog.com and requesting that Fiziolog stop collecting your Personal Information. Additionally, you can adjust your web browser settings to limit or turn off Cookies or other tracking techniques, or you can cease use of the Website. You may contact Fiziolog with any requests regarding your Personal Information. Fiziolog also honors Do Not Track requests and signals.

Your Obligations

When using the Website, you are obligated to inform Fiziolog of any changes to your Personal Information.

Children’s Online Privacy Protection Policy

The Website is not intended for or directed to users under the age of thirteen (13), and Fiziolog does not knowingly or intentionally collect Personal Information from children under the age of thirteen (13) or other minors. Where appropriate, Fiziolog takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Website or in response to advertisements. If you are concerned that Personal Information may have been inadvertently provided to or collected by Fiziolog, please contact us immediately so appropriate steps may be taken to remove such information from Fiziolog’s database.

Contact and Notices

All questions and concerns regarding this Privacy Policy may be submitted to Fiziolog at:

Fiziolog, LLC
23880 Woodward Avenue
Pleasant Ridge, MI 48069
Email: Support@fiziolog.com