PROLIFICC

PRIVACY POLICY

                  Thank you for visiting PROLIFICC, owned and operated by Prolificc Inc. (“Prolificc”). You can find us at www.prolificc.com (the “Site”). Prolificc’s platform allows people to learn how to optimize their health and wellness by following health, fitness and nutrition advice from world class athletes and their team of experts.

Please read the following information carefully. It tells you when this notice is effective, what information we collect from visitors of the Site (“Visitors”) and users of the Platform (“Users”), how we might use it, how you can review or change the personal information you provided to us, how we may change this notice, and the steps we take to ensure that your personal information is protected. We are committed to the privacy of our Visitors and Users and hope you enjoy your visit!

                  This Privacy Policy will remain in effect until a new notice supersedes it. We may choose to update this notice at our discretion, so you should check this page periodically as the terms may change from time to time. The most recent version of the notice will be reflected by the “last updated” date noted at the bottom of the page. Your continued use of the Site and the features, products and services provided by Prolificc through the Site (individually and collectively, the “Service”, together with the Site the “Platform), will constitute your acknowledgment of the notice in its current version and your understanding of the terms of the notice.

  1. What information is collected?

Information is collected from a variety of sources, including but not limited to from a Visitor when they visit the Site or “Contact” us. Information is also collected from a User when they purchase a product or service through the Platform, they register their account on the Platform and/or update their account, among others. Additionally, it may be collected when you voluntarily submit it to request information, participate in surveys, sign up for contests, engage in communication with Prolificc, or request to receive customer or technical support.

We collect two types of information: Identifying Information and Non-Identifying Information.

Types of Identifying Information we collect

When you submit a message through the Site, or when you enter information on the Platform, we may collect personal information from you including your:

  • First and last name
  • Username and password
  • Email address
  • Billing address
  • Phone number
  • Credit card or debit card information
  • Order history
  • Social media account links
  • Profile picture
  • Age
  • Race/ethnicity
  • Gender
  • Marital status
  • Birthdate
  • Health background
  • Health status
  • Hobbies and/or interests

Providing additional information beyond what may be required to visit the site is entirely optional but enables you to more fully utilize the benefits of the Platform.

 

Types of Non-Identifying Information we collect

                  We may also collect general information resulting from your activity on the Platform, including your preferences and other tendencies. This includes anonymous “traffic data” or tracking information provided by the website’s host or similar provider of such information (i.e., Google Analytics and HubSpot Analytics) that does not personally identify you but may be helpful for marketing purposes or for improving the services we offer. Analytics is the process of collecting, analyzing, and reporting aggregate data. This information may include which pages are visited, in what order the pages are visited, when a Visitor or User accesses a page, how long they may stay on a particular page, and where they are located. It may also provide information about what browser, network, or device is used to visit our Platform. To learn more about Google Analytics and HubSpot Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html and/or https://legal.hubspot.com/privacy-policy.

In addition, when you visit or use our Platform, we may also log your anonymous IP addresses, a unique identifier for your computer or other access device. This helps us diagnose problems with our server, to administer our Platform, or to display the content according to your preferences.

 

We also use cookies and web beacons.

                  A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Site, for example recording clickstream data, and that information helps websites to understand your preferences and improve and personalize your website experience. Cookies are also used for such activities as remembering your username and password, saving items to a shopping cart and facilitating the checkout process, if you use such a feature on the Platform. You can turn off all cookies in the event you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, you may lose access to certain features of our Site.

                  A web beacon is an invisible pixel-sized graphic image on a web page, web-based document or e-mail message. It helps us do things like view the URL of the page on which the beacon appears and the time the Site, document or email in question is viewed. They can be used to confirm the receipt of, and response to, our emails, including those that you forward to friends and family; and they help deliver a more personalized online experience.

  1. How we use this information?

We and our third-party service providers may use your information and any third-party personal data that you may provide, as applicable:

  • to create and manage your account;
  • to verify your identity and prevent fraud;
  • to identify you when you login to your account;
  • to enable us to operate the Platform;
  • to inform the user of meal choices consistent with their goals;
  • to send you important information regarding the Platform, such as certain changes to our terms, conditions, policies and/or other administrative information;
  • to improve our services and the interactions you have with our Platform;
  • to inform you of products, programs, services and promotions that we believe may be of interest to you;
  • to provide customer service;
  • to market products and services that may be of interest to you–for instance, we may add you to the Prolificc email list and newsletter when you make an online purchase or sign up for our internal business purposes, such as data analysis, audits, developing new products, enhancing the Platform, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns;
  • to process your online orders; and
  • to comply with and enforce applicable legal requirements, relevant industry standards and our policies.
  1. How does our Platform share your information?

                  We may share the data collected about your use and property. We may use your depersonalized personal information to provide analyses of the Platform in the aggregate to our prospective business partners and other third parties. We may also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:

  • Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Platform, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Platform, or (iv) such action is appropriate to protect the rights, property or safety of Prolificc, its employees, users of the Platform or others.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Prolificc’s assets, user information, including personal information collected from you through your use of the Platform, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site or other place on the Platform.
  • Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our behalf. Additionally, we may partner with other companies to process, analyze, and/or store data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.
  1. How does our Platform utilize third party services and content?

For your convenience, we may link to third party sites and services, or otherwise display third party content through our Platform. Here are some examples of third-party content and services available through or via our Platform:

  • Infrastructure – We use third party services to support our Platform, which may include but is not limited to Amazon Web Services, WordPress and Bluehost.
  • Storage – We use third party vendors for storage. This includes but is not limited to Google Drive.
  • Social Media – We link to social media pages to better stay connected to you, including, but not limited to Facebook, Instagram, Twitter and LinkedIn.
  • Analytics – We work with third parties to help us learn about who visits the Site or uses the Platform, including but not limited to Google Analytics and HubSpot Analytics.
  • Marketing – We may automate our marketing, newsletters, and surveys through use of third-party vendors that include, but are not limited to: Click Funnels and Sendgrid.
  • Payment Processing – We work with third party vendors to process payments. This includes but is not limited to Stripe.
  • Ads – We work with third party vendors to deliver advertising to our visitors. This includes but is not limited to Facebook Ads.
  • Video Content– We may embed content on our Platform from other online services, such as recorded videos from YouTube.

                  Please note that these other websites and/or mobile applications may send their own cookies to users, collect data, or solicit personal information. We urge you to review the equivalent data protection, privacy, and cookie policies available on their websites and apps. We do not accept any responsibility or liability for the data protection of privacy practices of third parties in relation to such platforms and your use of third-party websites and/or apps is entirely at your own risk.

  1. What information do we share with third parties (or what information may they access because of the services they provide to us)?

                  We will not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance.  However, we may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. Our service partners may use your personal information to operate the website and deliver services. We use these third parties to help handle parts of our business. They help us do things like fulfill orders, process payments, provide analytics, monitor activity, maintain databases, and administer and monitor emails. These parties will only use your data for the purpose of carrying out the work as agreed with us.

Disclosure of your information for security purposes.

                  Prolificc fully cooperates with law enforcement agencies in identifying those who use our Platform for illegal activities. We will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion.

  1. What choices do you have over how your information is used?

                  1) Email Opt Out – If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by following the “unsubscribe” link at the bottom of our emails. Please note that you may not be able to unsubscribe from certain correspondence relating directly to your account. Please allow 1-10 days from receipt of request for opt-out to take effect.  If you have multiple email addresses, you will need to opt-out for each address in order to be removed from our active database.

                  2) Cookies and web beacons – Your browser may offer the ability to block or delete cookies from your device.  Please follow your individual browser’s instructions on how to block and clear cookies.

  1. How can you edit or delete your information?

                  By logging into your account and accessing your Profile Page, you can correct, update or delete, your name, address, phone number, email address and most other personal information. You may also delete your account by emailing support@prolificc.com. Please note certain information, which may include your name, billing information, purchase and membership history may not be able to be deleted from our system.

 

  1. Does our Site respond to do-not-track signals?

                  At this time Prolificc does not recognize automated browser signals regarding tracking mechanisms, which may include ‘do-not-track’ instructions. However, you can change your privacy preferences regarding the use of cookies and similar technologies through your browser.  You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Please note, blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered by our Platform.

  1. How do we secure your information on the Platform?

                  In order to protect both the personal information and the general information that we receive from you through the website, we have implemented various security measures. We will take all steps reasonably necessary to ensure that your data is treated securely. All information you provide to us is stored in secure managed servers.

                  Whenever you give out personal information online there is a risk that third parties may intercept and use that information. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this Platform, you expressly acknowledge and agree that we cannot guarantee the security of any data provided to or received by us through this Platform and that any personal information, general information, or other data or information received from you through the Platform is provided at your own risk. We are not liable for any damages arising out of, or in any way connect with, a third party’s unauthorized access to your information.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

  1. What age do I have to be to use this Platform?

                  This Platform is not intended for use by people under 13 years of age. We will not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. Personal registration information submitted by a person under the age of 13 will not be accepted.  Any general information provided by a person under the age of 13 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Privacy Policy. 

  1. What governing law applies?

                  This notice and our privacy practices will be subject exclusively to the laws of the State of California within the United States of America. By using our Platform, you hereby irrevocably submit to the exclusive jurisdiction of the competent courts of California any claim or matter arising under or in connection with the Platform.

 

  1. What if I live outside the United States?

                  The Platform is hosted and operated entirely in the United States and is subject to United States law.  Please do not provide us with any information or attempt to make purchases if you live outside of the United States.  If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action.  This may include terminating your account and deleting your information.  We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us at support@prolificc.com.

 

  1. Who should I contact with questions or concerns?

                  If you have any questions or comments relating to the Prolificc Platform or this Privacy Policy, you can send an email to us at support@prolificc.com. You may also reach us via U.S. mail at:

Prolificc Inc.

1316 3rd Street Promenade #107

Santa Monica, CA 90401

  1. When was this notice last updated?

                  January 15, 2020.