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DENISE AUSTIN’S WEBSITE PRIVACY POLICY

Denise Austin Enterprises LLC ( “us,” “we,” “our” or “DAE” ) is committed to protecting the information about you that we collect, store and use when you provide it to us at our DeniseAustin.com website and related mobile sites and applications (collectively referred to hereafter as the “Website”). This document describes how we manage any personal information we have collected about you through the Website.
By accessing the Website, you accept the terms and conditions of its use, and consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy and the Terms of Use.
This Privacy Policy applies only to collection, storage and use of personal information that is collected through the Website.
Any capitalized terms used herein which are not specifically defined in this Privacy Policy, shall have the meanings ascribed to them in the Terms of Use.

COLLECTION & USE OF PERSONAL INFORMATION

Registration process
When you register to become a member of the Website, or when you register your interest to sign up in the future, you will be asked to complete an online form to submit different information about you to us. Such information may include:
1. your name;
2. your contact details such as your telephone number, physical address and email address;
3. your date of birth;
4. information that allows us to process your payment to us, except that we do not store any of your bank account details and credit card information;
5. a brief biography about yourself such as your hobbies, interests, occupation and relationship status; and
6. links to any websites, social media sites or blogs that you maintain, which you choose to share with us.
If you do not provide us with certain information, you may not be able to complete the registration.

Purchases made on our online store
If you make purchases on our online store, then you will be asked to complete an online form as part of the purchase. We may collect information such as:
1. your name;
2. your contact details, such as your telephone number and email address;
3. information that allows us to process your payment to us, such as bank account details and credit card information; and
4. your delivery address.

Competitions and promotions
From time to time we may organize and run various competitions and promotions for users of the Website. As part of these competitions and promotions, we may ask you to submit other personal information about yourself, such as your height, weight, marital status, age, fitness levels and nutrition details.
You do not have to provide us with your health information. However, your failure to provide us with such information means that you may not be eligible to enter some competitions or will not be able to receive tailored information specific to you.

User submitted content
The Website allows you to post and submit content, including photographs and images, height, weight, marital status, age, fitness levels and nutrition details. You do not need to post or submit any content, however, if you do, we collect the information that you submit through the Website.
All posts you make to the Website shall be considered User Content, as defined in the Terms of Use, and be subject to terms pertaining to such User Content as stated therein.

Public Areas of the Website
We may provide areas on the Website where you can publicly post information about yourself and can communicate with others, such as the community forum, or blog and submit information and other User Content. By engaging in such conduct, you acknowledge your understanding that any such information or other User Content you supply may be accessible by other users and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others throughout the world. For example, if you post your email address on the community forum, you may receive unsolicited messages from other users. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information.
All posts you make to the Website shall be considered User Content, as defined in the Terms of Use, and be subject to terms pertaining to such User Content as stated therein.

Children
Please do not submit personal information of children under the age of 13 through the Website. The Website is not intended for, and should not be used for children of such a young age.

Collection and Use of Personal Information
We collect, hold and use your personal information for the following purposes:
1. to provide services to you;
2. to assist us in providing goods and services to you;
3. to contact you or respond to your queries;
4. to display, update and maintain the content of the Website;
5. to tailor your experience of the Website and our communications to you; and
6. to send information about future events, regular email communications or newsletters (both electronic and hardcopy) outlining news, services or events.
If we collect information from you as part of any competitions or promotions, we use the information that we collect in profiling your fitness, displaying the results of competitions, promoting the service and encouraging other members of the Website.
We may also use the information that we collect from you:
1. to advertise our services and the Website; however, we will seek your consent before we use your photograph publicly for this purpose;
2. for our internal administrative, marketing and planning requirements;
3. to compile and report statistics, with all the relevant personal and/or proprietary information de-identified prior to the completion of such statistics; and
4. for purposes that are expressly permitted under any agreement with you.

Sharing of Personal Information
We generally do not disclose contact information about you publicly or to other third parties by us unless it is authorized or required by law (or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us in relation to the Website) or as otherwise outlined in this policy.
We may display personal information about you (including your health information and your profile photograph) on the Website where you have authorized us to do so (either through your public posting or other consent or agreement with us). This is for the purposes of publicly profiling your fitness, displaying the results of competitions, promoting our services and Website and encouraging other members. If you wish to have such information removed, then you must contact us at admin@deniseaustin.com.

When you publicly post information or content through the Website, we will display your user submitted content as part of the Website. The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your user submitted content, but we make no guarantees as to whether such functions will always work as you intend them to. We will use reasonable efforts to implement your selection, but please be advised that there may be times when your selections cannot be followed, and content may be publicly posted in areas in which you do not wish them to be. Therefore, please choose carefully what personal information or other User Content you wish to post to the Website, as some of that information may be publicly displayed, even if you select otherwise.
From time to time, we will also disclose your personal information to agents and other business associates that we use in the ordinary operation of our business, such as accounting and billing, shipping and fulfillment, marketing and promotion, user experience research and surveys, website hosting and support and maintenance. We will only disclose your information to the extent required for the limited purpose of the third party providing services contracted to us so that we may service you.
We may also disclose aggregated data (in a form that does not identify you individually) to our advisors for the purposes of conducting market and user experience analysis.
We may share your information in a business transfer. As with any other business, we could merge with, or be acquired by, another company, or we may file for protection under applicable bankruptcy laws in the future. In such event, user information obtained through the Website, including personal information, will transfer to a successor entity in connection with the corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. User information submitted prior to any such transfer would remain subject to the terms of this Privacy Policy. However, please be aware that this privacy policy may change, and your continued use of the Website means that you consent to any changes to such policy. Therefore, a successor entity may change the ways in which they use your information after a transfer.
We may share your information for our protection and the protection of others. We reserve the right to disclose your personal information as required by applicable law or when we reasonably believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us; enforce or apply this Privacy Policy, the terms and conditions of use of the Website, or other agreements or investigate, prevent, or take action suspected or actual prohibited activities, including but not limited to, fraud and situations involving potential threats to the physical safety of any person or to prevent financial loss to any person or entity; or otherwise protect the rights, property, safety or integrity of the Website, its users or others.

Testimonials
We publish customer testimonials on our website, in social media profiles, on our YouTube channel and within advertising creative material. These testimonials may contain personally identifiable information. We obtain your written consent at the time the testimonial is recorded. If you want your testimonial removed please contact us at admin@deniseaustin.com

Manner of collection
We will use reasonable endeavors to only collect information directly from you. If you are disclosing details of another person (for example, a minor on whose behalf you are registering), it is your sole responsibility to ensure that that person understands and consents to the collection, use and disclosure of their personal information in the manner set out in this policy. Please note, however, that the Website is not intended for, and should not be used by minors under age of 13, even with parental consent.

 

OTHER INFORMATION COLLECTED BY OUR WEBSITE

Tracking of user experience
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on the Website. We link the information we store in cookies to any personally identifiable information you submit while on our Website.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our Website. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. If you reject cookies, you may still use our Website, but your ability to use some areas of our Website may be limited.

We use Google Analytics Advertising products: Re-marketing with Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our site traffic via Google Advertising cookies and anonymous identifiers. Data collected via these Google products is not linked with any personally identifiable information you submit while on our Website. If you wish to opt out of the Google Analytics data collection, you may do so on Google’s website at https://tools.google.com/dlpage/gaoptout/.

We, and our third party tracking utilities-partners, employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our Website by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users on our Website. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on webpages and are about the size of the period at the end of this sentence. We tie the information gathered by clear gifs to our customers’ personally identifiable information.

We also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

As is true of most web sites and mobile applications, we and, in some instances, our third party tracking-utility partners gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. These third party tracking-utility partners may collect information about your activity on our site and your interaction with our advertising and other communications and use this information to determine which ads you see on third-party websites and applications.

The Website is not presently configured to respond to DNT or “do not track” signals from web browsers.

We use information which does not identify individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather demographic information about our user base as a whole.

Advertisements
We partner with a third party ad network to either display advertising on our Website or to manage our advertising on other sites. Our ad network partner may use cookies and Web beacons to collect non-personally identifiable information about your activities on the Website and other websites that you may visit to provide you targeted advertising based upon your interests. We are not responsible for, and cannot control, the actions of third parties, and cannot be held responsible for the conduct of such third parties.

Social Media Features
The Website includes social media features, such as a “Like” button. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing them.

Forums
Our Website offers blogs or community forums that may be publicly accessible (or accessible by other users of the Website). You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at admin@deniseaustin.com in some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

 

MARKETING MATERIAL
We may use your personal information to provide you with material, promotions and communications from time to time about services and products available to you from us, or from other service providers in partnership with us, or to invite you to continue to use our services. This information will only come from us. We will not sell your personal information to other providers without your consent.
You may opt out of receiving promotional materials from us at any time by contacting us at admin@deniseaustin.com or by following the ‘unsubscribe’ link on the relevant promotional emails.

 

PROTECTING AND MAINTAINING PERSONAL INFORMATION

We will take all reasonable steps to protect the information we hold about you from unauthorized access, use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third party intrusion or interception or are free from corruption.
Certain parts of the Website (such as those parts that require you to provide us with your credit card number) provides the ability for you to transmit information to our Website in an encrypted form by using secure socket layer technology (SSL). However, other parts of the Website are not protected by any form of encryption to protect information you send from your computer to us over the Internet. Further, no method of transmission over the Internet, or method of electronic storage, is 100% secure. In light of this, we cannot ensure or warrant, and do not warrant, the security or privacy of your personal information, including payment and account details. You transmit this information at your own risk.

You are solely responsible for maintaining the security of your passwords and/or any account information.

We will destroy or de-identify your personal information when it is no longer needed by us, or required to be kept by law. Please note that, as you may continue to have access to your account after your service subscription expires, we will continue to retain your personal information on the Website so that you may access it. We may also keep backup copies of your personal information, even if you delete your account from the Website. We will also preserve the content of any email or information you submit to us through the Website if we believe we have a legal requirement to do so, or if any form of email abuse is suspected.
If you use our Website to link to another site we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your personal information on those sites. We are not responsible for, and you hereby release us from any liability or claims arising from your use of any such third party site.

 

ACCESSING PERSONAL INFORMATION

It is your responsibility to advise us of any changes to your personal details to ensure we can continue to effectively provide services to you. If you wish to access the information we hold about you, please submit a request to us at admin@deniseaustin.com or log into your account to make appropriate changes. If you believe that the personal information we hold about you is incorrect, you are entitled to request amendment of such information. You may also request that we delete the personal information that we hold about you. Please note that if we delete your contact information, we may not be able to provide you with the subscribed service.
If you request us not to use personal information in a particular manner or at all, we will adopt reasonable measures to observe your request but we may, to the extent permitted by law, still use or disclose your information if you subsequently consent to the disclosure or we believe the use or disclosure is reasonably necessary to assist a law enforcement agency or as otherwise required or authorized by law.

For Residents of the State of California in the United States Only.

California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. In general, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which the business disclosed and shared information in the preceding calendar year. To make such a request, please write to us at the following address:

DAE LLC
Attn: Privacy Officer
1601 N. Sepulveda Blvd, #355
Manhattan Beach, CA 90266

PRIVACY CONCERNS

If you have any concerns about how we handle your personal information or require further information, please contact the Privacy Officer at carolyn@deniseaustin.com

This document represents our policy as at November 1st 2014. We may change this document from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on this Website prior to the change becoming effective. Although we intend to observe this policy at all times, it is not legally binding on us in any way. From time to time we may regard it as necessary or desirable to act outside the policy. We may do so, subject only to any statutory rights you have under the Privacy Act or other applicable legislation. We encourage you to regularly review this statement to inform yourself of any amendments.