Effective Date: June 1, 2018
1. WHAT INFORMATION WE COLLECT OR RECEIVE
We may collect “personally identifiable” information, which means information that might reasonably be used to specifically identify you and may include information such as the following (collectively, “Personal Information”):
ï Contact information such as your name, postal address, email address, phone number and/or mobile number;
ï Age and/or date of birth;
ï User name and password; and
ï Location data that describes the precise geographic location of your device (“Precise Location Data”).
We also collect “Other Information” from you or other sources which is information not considered Personal Information. Other Information may include, but is not limited to, information such as:
ï Article preferences or topics of interest;
ï Photos, for example, account photos and photos you submit through User Content;
ï “About” information you provide;
ï Links to your social media accounts and websites;
ï Browsing history, including the pages of the Services you visited and third party pages or services you visited other than the Services;
ï Device type, settings and software used;
ï Device identification number (“Device ID”), which is a distinctive number associated with a mobile device;
ï “Advertising ID”, which is a unique, user-resettable identification number for advertising associated with a device (e.g. iOS uses the Identifier for Advertising and Android uses Google Advertising ID);
ï Internet Protocol address (“IP Address”), which is a unique string of numbers automatically assigned to device whenever you access the Internet (but which may be identical to the IP Address of other users on the same network);
ï Log files, which may include IP Addresses, browser type, internet service provider referring/exit pages, operating system, date/time stamps and/or clickstream data, including any clicks on customized links;
ï “Web Beacons”, which are electronic files that allow a website to count users who have visited that page or to access certain Cookies (as defined below under HOW WE COLLECT OR RECEIVE INFORMATION);
ï “Pixels” or “Pixel Tags”, also known as clear GIFs, beacons, spotlight tags or web bugs, are a method for passing information from the user’s computer to a third party website;
ï Non-precise information about the approximate physical location (for example, at the city or zip code level) of a user’s computer or device derived from the IP address of such computer or device;
ï “Local Shared Objects”, which are pieces of data that websites may store on a user’s computer, including Brower Cookies and Local Storage; and
2. HOW WE COLLECT OR RECEIVE INFORMATION
We collect User Information across our Services, including as follows:
ï When you register for our Services (for example, name, username, password, country or state of location, zip code, postal mail address and email address);
ï If you sign up for an email subscription on our Services, we collect your email address and may also collect other information about your subscription preferences and interests;
ï For some of our Services, you may be asked to provide your mobile phone number in order to receive text messages containing information you have requested and other information that we think may be of interest to you;
ï When you view or interact with our Services, we may collect certain data, including IP Address, language setting, operating system type, page you requested, Advertising ID, user agent, and time stamp;
ï When you use the Services, we collect information about your search and click activity;
ï We may collect or receive information about you when you sign up for a sweepstakes, contest or other giveaway or promotion (“Promotions”) offered by us or our partners;
ï We may collect your user-generated content (for example, photos that you take or upload, comments that you provide or workout routines that you create, or URL links);
ï When you make a purchase through our Services, we or our vendors may also collect your information as set forth below under WHAT INFORMATION WE SHARE WITH THIRD PARTIES;
ï When you send an email to us, we will receive your email address and other information associated with your request;
ï If you use a third party connection or log-in (such as Facebook Connect or Google) in connection with the Services, we may receive your name, email address and/or profile photo for those third party services or other information available about you or collected from you on those services; and
ï We may also supplement the User Information we collect from you with information from third parties, including third party vendors, affiliate network operators, referral sources, social networking sites or services (such as Facebook), and publicly-available sources.
Cookies and Web Beacons
We (and third parties with whom we partner) may also deliver a file known as a web beacon, pixel or pixel tag (i.e., “Web Beacons”) to you through our Services. Web Beacons are small, invisible graphic images that may be used on the Services interface or in emails relating to the Services to collect certain information and monitor user activity on the Services interface, such as to count visits, access Cookies, understand usage effectiveness and to determine if an email has been opened and acted upon. “Pixels” or “Pixel Tags” also known as clear GIFs, beacons, spotlight, tags or web bugs, are a method for passing information from the user’s computer to a third -party website. We (and third parties with whom we partner) may deliver Web Beacons or Pixel Tags to you through our Services. Web Beacons allow ad networks, marketing partners and other service providers that we use to provide anonymized, aggregated auditing, research and reporting for us, for advertisers and our other partners. Web Beacons also enable ad networks and other partners to track your behavior for their own analysis and use, and to serve targeted advertisements to you when you visit other websites or platforms. These Web Beacons enable third party companies to view, edit, or set their own Cookies when you visit the Services, just as if you had visited a web page from their site.
3. HOW WE USE YOUR INFORMATION
User Information is used to provide Services to you by GRATITUDE METHOD and its partners, which includes using such information to:
ï Allow you to set up an account and profile and log into your account on the Services and to access certain parts of the Services through such account;
ï Personalize and improve the Services;
ï Connect you across multiple devices or platforms where you are accessing our content;
ï Customize the Services to provide advertisements, content or features on the Services or on other platforms (for example, social media platforms) that match your interests;
ï Send you notices, updates and other administrative messages;
ï Process transactions and send you related information;
ï Send emails or newsletters to you, which may also offer or advertise GRATITUDE METHOD or third party products and/or services;
ï Administer or communicate with you about Promotions;
ï Link or combine information we receive from third parties to help provide you with better service;
ï Detect, investigate and/or prevent fraudulent, unauthorized, or illegal activity;
ï Analyze and monitor how our users utilize the Services; and
We may also receive certain data (on an individual and/or aggregated basis) collected by our partners (including but not limited to e-commerce partners, affiliates, and analytics providers) through the use of Pixel Tags, e-tags, IP Addresses, Local Shared Objects, Local Storage, and Browser cookies, which allows us to:
ï Analyze trends across our user base;
ï Collect and store information such as user settings;
ï Supplement our server logs and other methods of traffic and response measurement;
ï Track users’ location and movements around the Services; and
ï Improve our understanding of traffic on the Services, visitor behavior, and responses to advertising and promotional campaigns.
GRATITUDE METHOD also works with third parties to provide analytics information regarding your usage of our Services or to help us track the advertisements that are delivered to you to determine the effectiveness of advertising on our Services. We may also link this information to User Information.
4. WHAT INFORMATION WE SHARE WITH THIRD PARTIES
Advertising and Marketing
Certain third -party vendors and partners authorized by GRATITUDE METHOD (including, but not limited to, advertisers, advertising agencies, ad networks, ad measurement providers, and other marketing and advertising service providers and partners) (“Advertisers”) may collect information about you on the Services in order to provide you with relevant advertising on the Services and on other websites, platforms and media channels, and to analyze the performance of advertising campaigns. These Advertisers may use tracking technologies such as Cookies, Web Beacons, and other similar technologies, and may collect many different kinds of data, such as your IP Address, Device ID, Advertising ID and Precise Location Data where made available by your mobile device. The specific Advertisers we work with are subject to change at any time. For a list of some of the applicable providers or for more details on opting out of tracking for advertising purposes, go to our Cookie Consent Tool by clicking on the button in the lower right corner of your screen labeled “Cookie Consent”. The use of tracking technologies by these third parties is subject to their own privacy policies.
To opt out of collection of your information by NextBarre, or to obtain information about the technologies they use or their own privacy policies, please visit the NextBarre consumer opt out page located here.
We may also sell or transfer Interaction Data to certain Advertisers who will use this data to serve ads that they believe are relevant to your interests. Some of these third parties may combine the Interaction Data with their own data about you to form a more detailed picture. We may also share your information with Advertisers for the purpose of allowing them or their clients to send you marketing communications related to your use of the Services, their services or programs featured and/or advertised on the Services (e.g., through ads or Promotions), or their products, services and/or programs generally.
Some of our Services may use Facebook and Instagram features and tools, including Pixel Tags, which send data regarding your use of the Services to Facebook and/or Instagram for the purpose of tracking your interaction with the Services and with our brand on Facebook and Instagram, and to create custom audiences on the Facebook and/or Instagram platforms. Facebook and Instagram link the data collected on our Services with your account on their platforms and we and/or our Advertisers may use that data to serve you with advertisements both on and off of Facebook and Instagram.
We may provide certain Advertisers with information regarding your interactions with our emails and newsletters or as to whether your information matches certain information held by the Advertiser and/or their customers. Those Advertisers may combine this data with information they collect for their own marketing purposes and in turn, may provide this information to their customers for their customers’ marketing purposes.
In order to help us sell advertising on the Services and otherwise publicize GRATITUDE METHOD and its products and services, we may share aggregate statistics that describe our online audience. Those statistics are often based on the information you provide when you subscribe, register, or browse the Services and describe, among other things, the demographics of our visitors.
Third Party Service Providers
We employ or utilize the services of other third -party vendors, consultants and service providers who need access to your User Information (such as your name, address, email, or other identifiers) in order to enable them to perform services on our behalf or to provide us with additional information necessary to provide you one of our Services to you. We use third party vendors for a variety of services across our Services, such as email message deployment, email address validation, subscription fulfillment, research, statistical analysis, cross-device user tracking, data and website hosting, marketing, advertising, and other data and transaction processing.
We also engage third party service providers for the purpose of processing payments for subscriptions, to fulfill your orders for product purchases, to honor your request to be removed from promotional mailings, and to monitor, analyze and prevent fraudulent traffic or other suspicious activities on our Services or on other services. We may also provide your User Information to third party processors in order to process payments for services.
In addition to receiving your User Information from us, our service providers may also:
ï Collect information directly from you and/or your device, such as your IP Address, Device ID, Advertising ID, and information about your browser or operating system;
ï Combine User Information about you received from GRATITUDE METHOD with information about you from other sites or services; and/or
ï Place or recognize a unique Cookie or other tracking mechanism on your browser.
Third Party Partners and Websites
Social Plug-ins and Embeds
User Profiles and Submissions
Certain User Information from your profile, such as your user name, or any video or image content that you have uploaded to the Services may be displayed to other users to facilitate user interaction within the Service or address your request for Services. For our GRATITUDE METHOD Members Club and/or University, User Information from your profile may be shared with third parties including advertisers in connection with an advertising campaign, which may include publicly-available metrics related to your social media channels and a description of your blog or other content you have created in the past.
Third Party Offers
In connection with some advertising campaigns or otherwise in connection with the Services, we may create and/or distribute custom digital promotional cards that you can elect to save into your digital wallet on your mobile device (examples of such digital wallets include Apple Wallet and Android Pay), which may feature a coupon, rebate, promotional discount or offer from an advertiser or sponsor and/or GRATITUDE METHOD (each an “Offer”). When you engage with, download, share, or redeem an Offer, certain information about you may be collected by our third party advertising partners, including, but not limited to, data about your device such as user agent, operating system, advertising identifiers, Device IDs, Precise Location Data, and other data about your interaction with such Offer. Certain information may also be collected by or shared with third party providers who offer mobile wallet services on your device (for example, Apple for Apple Wallet or Google for Android Pay). The collection and use of such data by these third parties is subject to their respective terms and privacy policies. GRATITUDE METHOD is not responsible for any applicable third-party terms or policies and you should review them carefully. To opt out of such third party Offers, see the section below entitled HOW YOU CAN CHANGE OR CONTROL WHAT IS COLLECTED.
Payment Card Information
To use certain aspects of our Services, such as subscribing to our Members Club Service, we may require you to submit credit or debit card account information. By submitting your credit or debit card account information through the Services, you expressly consent to the sharing of this information with third party retailers, subscription and billing processors, and payment processors.
We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third -party access, or other causes beyond our control.
We may share your User Information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where User Information may be disclosed or transferred as one of our business assets.
Enforcement of Terms and Policies
Protection of GRATITUDE METHOD and Others
We may access, read, preserve, and disclose any User Information where we reasonably believe a disclosure is necessary to comply with law or court order; or protect the rights, property, or safety of GRATITUDE METHOD, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent
We may share your User Information in other circumstances with your consent, for example when you have chosen to link an account with our Services with a social media network like Facebook or Google.
5. HOW YOU CAN CHANGE OR CONTROL WHAT IS COLLECTED
Changing Your Account Settings
You may add, update or delete information through your user account settings, which limits the ability of other users to see the information in your user profile. The information you can view, update, or delete may be different depending on which area of the Services you are using and may also change as the Services change.
If you have any trouble accessing, correcting or deleting any of your information, or would like to make a request about whether GRATITUDE METHOD holds any of your Personal Information, please contact us at admin@GratitudeMethod.com and we will respond to your request within a reasonable timeframe.
You can usually instruct your browser by changing its settings to stop accepting Cookies or to prompt you before accepting a Cookie from our websites that you visit. If you choose to disable Cookies, you may not be able to use all portions of the Services or all functionality of the Services. For more details on opting out of tracking for advertising purposes, go to our Cookie Consent Tool by clicking on the button in the lower right corner of your screen labelled “Cookie Consent”.
Precise Location Data
You may opt out of having your Precise Location Data collected us at any time by editing the appropriate setting on your mobile device (which is usually located in the Settings area of your device).
Newsletter and Email Subscriptions
If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings, contacting us at admin@GratitudeMethod.com, or by clicking the “unsubscribe” link in an email we send to you.
Deactivating Your Account
You can always choose not to disclose information to us or delete information, but keep in mind some information may be needed to register with us or to take advantage of some of our special features. You may request deactivation of your account by contacting us at admin@GratitudeMethod.com.
De-linking Your Account
In order to de-link your GRATITUDE METHOD account from an account on another service such as a social media account, you must adjust your account settings with the third -party application. For example, if you want to de-link your Facebook account with GRATITUDE METHOD, you must de-link your accounts in both your GRATITUDE METHOD account settings and in your Facebook application settings.
You may adjust the “Settings” on your mobile device to disable push notifications for any of our mobile applications for which you would like to stop receiving such notifications. You may adjust the “Notification” settings usually found in your browser “Preferences” or “Settings” to block or remove certain browser-based push notifications.
If you no longer wish to receive text messages from any of our text message services (such as our Members Club Service), you can reply “STOP” to any text message sent by us through such Service. For our Members Club Service, if you have a GRATITUDE METHOD account linked to the phone number you provided for the Members Club Service, you can also visit the “Account Settings” page in your Member account and change the Members Club Phone Number settings from “on” to “off.”
In accordance with the California Online Privacy Protection Act (see California Civil Code Sections 1798.83-1798.84), California residents are entitled to ask us for a notice identifying the categories of personal information that we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and wish to make such a request, please submit your request in writing to admin@GratitudeMethod.com.
Do Not Track
We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website.
6. OTHER USEFUL INFORMATION REGARDING YOUR PRIVACY
We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained through our Services. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed by unauthorized persons or hardware or software failure. You are ultimately responsible for the security of your email address and password.
The Services are not directed to children under 18, and we do not knowingly collect or solicit personally identifiable information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us. If a parent or guardian becomes aware that their child has provided us with Personal Information without their consent, please contact us at admin@GratitudeMethod.com.
Your User Information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, GRATITUDE METHOD transfers personal information to the United States and processes it there. By submitting such information, you consent to that transfer.
The time period for which we keep information varies according to the information’s use. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we plan to retain it for no longer than is necessary to fulfill a legitimate business need.
7. HOW TO CONTACT GRATITUDE METHOD