Effective Date: April 2, 2020

Notice Version 2.0

Megan Green LLC, hello@legalupfitness

Megan Green LLC (“we,” “our,” “us”), which owns and operates the website and Podcast Legal Up Fitness, its social media accounts, and all related platforms (the “Site”), understands the importance of your personal privacy.  This document governs the privacy notice of the Site.  Our privacy notice tells you what personal data and nonpersonal data we may collect from you, how we collect them, how we protect them, how we share them, how you can access and change them, and how you can limit our sharing of them. Our privacy notice also explains certain legal rights that you have with respect to your personal data.

By using or accessing the Site and the Services provided therein, you signify your agreement to be bound by this Privacy Policy, our Terms and ConditionTerms of Service, and any other agreement that governs your use of our Site (“Agreement”). By such an agreement, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party affiliates as needed for our legitimate business interests.  IF YOU DO NOT AGREE TO THIS AGREEMENT YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

  • What Information we collect and how we collect it
  • How your information is used and shared
  • Retaining and destroying your information
  • Protecting the privacy rights of third parties
  • Do not track settings
  • Links to other websites
  • Protecting children’s privacy
  • Our email policy
  • Our security policy
  • Use of your credit card
  • Rights applicable to residents of California
  • Transferring Personal Data from the European Union or other countries outside of the United States
  • Changes to our Privacy Policy

INFORMATION WE COLLECT AND HOW WE COLLECT IT

Generally, you control the amount and type of information that you provide to us when using our Site.  When you visit our Site, sign up for our newsletter, download our free products, make purchases and download such content, and/or interact with us on social media or through email, we collect a variety of information from you.  The information we collect may include:

  • Information you provide to us
    • Personal Data (PD)—When you sign up for our newsletter, make a purchase from our Site, contact us via the Contact page or through email or other means, or post comments on social media, you consent to give us information that can be used to identify you such as your name, email address, physical address, and telephone number.  Your decision to disclose this data is entirely voluntary.  You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.  If you use our Site via a mobile devise or app, we may collect information about your mobile device including but not limited to the device ID, model and manufacturer, and location information.  
    • Financial and Payment Data—If you purchase a product or service from us, we collect certain data about your purchase as necessary to process your request.  We collect financial and payment data to allow you to purchase, order, return or exchange products or services from our Site.  We store limited financial data.  Most financial data is transferred to our payment processor, Stripe or Paypal, and you are encouraged to review these processors’ Privacy Policies to determine how they use, disclose and protect your financial data.  
    • Social Networking Data—By interacting with us on social media networking sites and apps, including but not limited to Facebook and Instagram, we may be able to access your personal information from those sites including but not limited to your name, your social media username, location, profile picture and any other public information made available through those apps.  
    • Other Data—On occasion, we may invite you to participate in a promotion, contest, giveaway, and/or survey, either through our Site or through a Third Party Affiliate Platform.  Your participation to provide your data will be completely voluntary.  You are under no obligation to provide this information, but your refusal may prevent you from assessing the stated benefits from otherwise entering the promotion, contest, or giveaway.  If you choose to participate, we will collect and process the data you provide us such as your name, email address, and any other requested feedback.  If you submit this information via our Third Party Affiliate Platform, the collection, processing and sharing of your information will also be subject to the privacy policies and other agreements of that platform.  
  • Automatic Information

We automatically receive information from your web browser or mobile device. This information may include the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information may also include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to analyze trends among our users to help improve our website.

Our Use of Cookies

Our website uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well.

By agreeing to accept our use of cookies you are giving us and the third parties with which we partner permission to place, store, and access some or all the cookies described below on your computer.

  • Strictly Necessary Cookies – These cookies are necessary for proper functioning of the website, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most web browsers can be set to disable the use of cookies. If you disable these cookies, you may not be able to access features on our website correctly or at all.
  • Functional Cookies – These cookies enable the website to remember users’ choices, such as their language, usernames, and other choices while using the website. They can also be used to deliver services, such as letting a user create a blog post, listen to audios, or watch videos on the website.
  • Performance Cookies – These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by us or third parties who provide services to us.
  • Advertising or Targeting Cookies – These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
  • Session Cookies – These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; they are not stored long term.
  • Persistent Cookies – These cookies are stored on a user’s device between browser sessions, which allows the user’s preferences or actions across a website or across different websites to be remembered. Persistent cookies may be used for several purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
  • We may also use cookies for:
    • identifying the areas of our website that you have visited
    • personalizing content that you see on our website
    • our website analytics
    • remarketing our products or services to you
    • remembering your preferences, settings, and login details
    • targeted advertising and serving ads relevant to your interests
    • affiliate marketing
    • allowing you to post comments
    • allowing you to share content with social networks.

Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.

Web Beacons

We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers and users.

Collecting Information About Your Physical Location

When you use our services, we may collect and process information about your actual physical location. We use several technologies such as GPS and IP tracking to determine your location. These technologies may also give us information about nearby cell towers, Wi-Fi access points, and other devices.

Google Ad and Content Network

Third-party vendors, including Google, use cookies to serve ads based on a user’s past visits to our website. Google’s use of cookies enables it and its partners to serve ads to our users based on their visits to our site and/or other sites on the Internet. Users may opt out of the use of Google’s cookies for interest-based advertising by visiting http://www.aboutads.info/choices/ For European users visit http://www.youronlinechoices.eu

Google Analytics

Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, improve our marketing, advertising, and website. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website.

  • For more information on how Google collects and processes your data visit: https://www.google.com/policies/privacy/partners/
  • You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout

Google Remarketing

  • Our website uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit. The website’s owner might like to encourage you to revisit his/her website and buy a computer by showing you his/her ads again on other websites that you visit. We use remarketing for similar purposes. For this to happen Google will read a cookie that is already in your browser or place a cookie in your browser when you visit our website or other websites using remarketing. You can opt out of Google’s use of cookies and remarketing at this link: https://support.google.com/ads/answer/2662922?hl=en or you can opt out using the Network Advertising Initiative opt out page at: http://optout.networkadvertising.org/#!/

Facebook Remarketing

  • Third parties, including Facebook, may use first-party cookies, third-party cookies, web beacons, and other storage technologies to collect or receive information from our services and elsewhere on the Internet, and use that information to provide measurement services and target ads. With Facebook remarketing you may see our ads on Facebook after you have used our services. For this to happen Facebook uses unique cookies that are activated and placed in a visitor’s browser when they land on a webpage. Facebook lookalike audience targeting allows us to show ads on Facebook to people who are similar to those who have already visited or made a purchase from our services. To opt out of Facebook’s collection and use of information for ad targeting visit: https://www.facebook.com/help/568137493302217

Amazon Remarketing

  • Our website and applications use Amazon’s remarketing service and conversion pixels to show interest-based ads on websites and devices across the Internet. To opt out of or change your preferences for this type of advertising visit: https://www.amazon.com/adprefs

What Happens If You Don’t Give Us Your PD

  • If you do not provide us with enough PD, we may not be able to provide you all our products and services. However, you can access and use some parts of our website without giving us your PD.

HOW YOUR INFORMATION IS USED AND SHARED

We use the information we receive from you to:

  • provide our products and services you have requested or purchased from us
  • personalize and customize our content
  • make improvements to our website
  • contact you with updates to our website, products, and services
  • resolve problems and disputes
  • contact you with marketing and advertising that we believe may be of interest to you
  • request feedback from you
  • administer contests or giveaways
  • compile anonymous statistical data for our own use or for a third party’s use
  • assist law enforcement as necessary
  • prevent fraudulent activity on our Site

Communications and Emails

When we communicate with you about our website, we will use the email address you provided when you registered as a user or customer. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by contacting us using the contact information at the top of this privacy notice.

Sharing Information with Affiliates and Other Third Parties

We do not sell or rent your PD to third parties for marketing purposes. However, we  may share your Personal Information and/or Data with third party affiliates to serve our legitimate business interest, which include but are not limited to entering into a contract with you, communicating with you, taking your order for a product or service through our Site, delivering such product or service to you, collecting payment from your for such a product, document and/or service, administration of our Site (including increasing the security of our Site), administration of your account.  

Sharing Your PD for Lookalike or Similar Audience Marketing

We may share your PD with third parties for similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we share your PD with for this type of marketing include Facebook and/or Google. Using your PD for similar audience marketing or lookalike audience marketing helps us find new audiences (users and customers) based on similar interests to yours. This helps us improve our marketing services. Your PD is only shared with Facebook and Google for this type of marketing. By using our website and agreeing to our privacy notice you are giving consent for your PD to be used for the marketing purposes described within this section.

Legally Required Releases of Information

We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or governmental enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our terms and conditions; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.

Disclosures to Successors

If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business. We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.

RETAINING AND DESTROYING YOUR PD

We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes (i.e., for our legitimates business purposes), to comply with our legal obligations and/or liabilities, or until you ask us to delete your information. Your information may be retained in electronic, paper, or a combination of both forms. When your information is no longer needed, we will destroy, delete, or erase it.

Please note that we do not control the data retention policies of third parties.  If you wish to have any third party affiliate, including those to who we’ve transmitted your data, delete your data, you will need to contact those third party affiliates directly. 

UPDATING YOUR PD

You can update your Personal Data by emailing hello@legalupfitness.com with “Request to delete data” in the subject line.  However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.

DO NOT TRACK SETTINGS

Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.

LINKS TO OTHER WEBSITES

Our website may contain links to other websites. Although we make reasonable efforts in including links on our site, these websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. We encourage you to read the policies of those third party websites before giving them any data or making purchases. 

PROTECTING CHILDREN’S PRIVACY

Even though our website is not designed for use by anyone under the age of 18, we realize that a child under the age of 18 may attempt to access our website. We do not knowingly collect PD from children under the age of 18. If you are a parent or guardian and believe that your child is using our website, please contact us at hello@legalupfitness.com. Before we remove any information we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our Site, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor have any liability to do so.

OUR EMAIL POLICY

You can always opt out of receiving email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.

OUR SECURITY POLICY

We have built our Site using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services to us also maintain technical and physical safeguards to protect your  PD. Unfortunately we cannot guarantee prevention of loss or misuse of your PD or secure data transmission over the Internet because of its nature.

USE OF YOUR CREDIT CARD

You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over them. We use commercially reasonable efforts to ensure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

California Privacy Rights for California Residents

As of the effective date of this Privacy Policy, this Site does not concede that it meets the threshold definition of a business that must comply with the California Consumer Privacy Act.  Under the Act (CCPA), a California resident would have the right to (1) know what information has been collected from them; (2) request the information collected in a data-portable form; (3) the right to deletion of any such information collected about them by this Site; (4) the right to opt of the sale of personal information as “sale” is defined under the CCPA and; (5) the right to not be discriminated against for exercising any of these rights. 

If you are a California resident and wish to exercise any of these rights you would be entitled to had this Site met the threshold for regulation by the CCPA, you may still send such request to hello@legalupfitness.com and, as a courtesy, we will make every effort to comply with any such reasonable request.   

TRANSFERRING PD FROM THE EUROPEAN UNION

The purpose of this Site is to offer legal education and information based on the laws of the United States and individual states within the U.S.  Therefore, it is not the intention of this Site to offer goods and/or services to individuals located in the European Union.  Additionally, this Site does not monitor the behavior of individuals in the European Union.  Accordingly, this Site is not governed by the General Data Protection Regulation (GDPR).

Our Site is hosted by servers located in the United States. If you are located in the European Union and consent to using our Site and provide data to us, your data will be transferred to and stored on those servers pursuant to the terms of this Privacy Policy.  In addition, we may use third party affiliate processors such as payment processors, located in the United States.  If you are a European Union customer or user, with your consent your PD may be transferred to the United States or other countries outside the European Union when you request information from us. When you buy goods or services from us, we will use your PD for the performance of a contract or to take steps to enter into a contract. Wherever we transfer, process, or store your PD, we will take reasonable steps to protect it in accordance with this Privacy Policy. We will use the information we collect from you in accordance with our Privacy Policy. By using our website, services, or products you agree to the transfers of your PD described within this section.

If you are a resident of the European Union and wish to obtain, change or delete any of the information we may possess based on your previous contact and usage of this Site, you may still send such request to hello@legalupfitness.com and, as a courtesy, we will make every effort to comply with any such reasonable request.   

CHANGES TO OUR PRIVACY NOTICE

We reserve the right to change this privacy notice at any time. If we decide to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email sent to the email address on file in your account. Otherwise we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change. If you have questions about our privacy notice, please contact us through the information at the top of this privacy notice.

DATA NOT REQUESTED

Please note that we will never ask you for what we deem highly sensitive and private information and we request that you never volunteer such highly sensitive information in any of your correspondence with us, whether though email, social media posts or other means.  Such information includes your social security number, criminal history, or political affiliation.  If you do voluntarily send us this information, then by doing so you are consenting to our collection, processing, use and storage of this information in accordance with this Privacy Policy. 

SEVERABILITY

If any part of this Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

ENTIRE AGREEMENT

The information contained herein constitutes the entire agreement between the users of the Site and Megan Green LLC relating to the use of the Site, its services, products and communications.

CHOICE OF LAW AND JURISDICITON

This Privacy Policy is governed by and construed in accordance with the State of Utah in the United States of America.  Any dispute arising from this Privacy  Policy is subject to the arbitration agreement set forth in the Site’s Terms and Conditions

Copyright © 2019 Megan Green LLC. This Privacy Notice is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you, is strictly prohibited.  If you need a privacy policy for your website, send an email to hello@legalupfitness.com and I’ll hook you up with an awesome template.