Danette May - Privacy Policy

Last Revised: May 20, 2018

Thank you for visiting a Mindful Health, LLC Website, which includes the following websites: danettemay.com, eatdrinkshrinkplan.com, flatabsdvd.com, thefitrise.com, myfitrise.com, and foreverfitchallenge.com (hereinafter, the “Website(s)”). Mindful Health, LLC (hereinafter, “We”) understand the importance that Internet users place on privacy and this Privacy Policy describes how we use personal information that is collected in connection with any of our Websites.

Please read this Privacy Policy and our Terms of Use before using this Website, any of our other Websites, or submitting any personal information. California residents, please also see the “Note to California Residents” section for additional rights that apply to you.

By using this Website or any of our other Websites or purchasing a product from us, you accept the privacy practices contained in this Privacy Policy. These privacy practices may change from time to time, but any changes will be posted. You are encouraged to review the Privacy Policy whenever you visit any of the Websites to make sure you understand how any personal information you provide will be used.

1. Information Mindful Health, LLC Collects

A. Personally Identifiable Information

Voluntary submissions of personally identifiable information can occur for various reasons, such as if you request to receive information about our services, or if you subscribe to one of our mailing lists. If you subscribe to one of our mailing lists, we generally collect your name, email address, and optionally your telephone or other information if you provide it to us so we can customize your experience and better serve your needs.

In order to serve our customers, we collect personally identifiable information, like names, addresses, phone numbers, email addresses, and sometimes credit card information when such information is voluntarily submitted by our visitors. Most of your customer information is stored in Clickbank, and not directly on our servers. Your credit card information is not stored by us, and is handled according to the procedures explained in the Section entitled: “Third Party Financial Institutions and Affiliates”.

We will only use your personal information for the following purposes: (1) to deliver the products and/or services to you that you have requested; (2) to validate your compliance with the terms and conditions; (3) for content improvement and feedback purposes; (4) to reach you, when necessary, regarding your use of the Website or product(s); and (5) for the few situations described below to better serve you.

We may communicate with you in response to any of your inquiries or requests, to provide you with recommendations or reports, or to alert you to new products and service offerings. We may do so by sending you emails, cell phone text messages, or placing telephone calls to you. If you decide, after receiving an electronic, text, or telephonic message, that you would prefer not to receive any such communications from us. you may “Opt-out” of receiving such messages by simply setting your notification settings on your profile page.

Except as otherwise stated herein, we do not trade, rent, or share your Personal Information with third parties, unless you explicitly authorize us to do so. Your Personal Information will be used only in accordance with this Privacy Policy and applicable privacy laws and we will not share such information with any physician or other health care professional, employer, insurer, family member, or anyone else, unless you expressly authorize us to do so. Notwithstanding anything to the contrary contained in the foregoing, we may disclose your Personal Information to, and allow its use by, trusted third-parties we have hired to provide services for us, including but not limited to, third parties that conduct online surveys for us or third parties that collect and process information on our behalf. These third parties are subject to terms no less restrictive than those set forth herein to protect your Personal Information.

Although we do not currently have a parent company, Mindful Health, LLC, any subsidiaries, joint ventures, or other companies under common control of Mindful Health, LLC (collectively, “Affiliates”), may arise in the future. In the future, we may share, in our sole discretion, some or all of your personal Information with these Affiliates, in which case we will require the Affiliates to honor this Privacy Policy. In the event our company, or our assets are acquired by another entity, that entity will gain access to the Personal Information collected by us. We will use reasonable efforts to require the acquiring entity, to assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

In addition, we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to comply with relevant laws or to respond to subpoenas or warrants served on us.

We may also collect and group demographic and preferences information, responses to surveys, and other Personal Information we collect from you in an aggregated, non-personally identifiable form for disclosure to our existing and potential business partners, affiliates, sponsors or other third parties. However, please be assured that this aggregated data will in no way personally identify you or any other visitors to any of our Websites, including this Website.

By submitting your email address on this Website or any of our other Websites, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. You can customize your email and other preferences (such as the lists you are subscribed to) by following the instructions contained in the Section entitled “Updating, Removing, Or Exporting Your Personal Information”. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.

By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. If you wish to stop seeing ads from us on Facebook, you can turn off the ad by using the following steps:

i. From within Facebook, go to the advertisement you want to turn off.

ii. Click on the drop-down arrow in the top corner of the ad (that may be in the top right corner or top left corner).

iii. Click on "Hide ad".

If you wish to stop seeing ads from us in Google Ads, you can turn off the ad by using the following steps:

i. Go to the advertisement you want to turn off.

ii. Click on the x in the top left corner.

iii. Click on "Stop seeing this ad".

Other ad platforms we may use in the future have similar ways you can turn off any ad from us to stop seeing it.

In addition, you agree that by submitting your telephone contact information on this web site or any of our other Websites and/or registering to receive the product and/or service offered, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR ‘310 et seq. and any applicable state and local “do not call” regulations. We retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.

In the event of a complaint, we may also receive personally identifiable information about you from other subscribers of our Websites or from other users or third parties who may communicate information to us about you in relation to that complaint.

B. Non-Personally Identifiable Information

We also collect non-personally identifiable information about you to help us make your experience more enjoyable, to measure site activity to identify

We also collect non-personally identifiable information about you to help us make your experience more enjoyable, to measure site activity to identify future improvements that should be made, and compile aggregate data to help serve site visitors better. For example, we may use session and persistent “cookies,” session logs, web beacons, GIF/pixel tags, banner ads, third-party click tracking analytics tools (such as Google Analytics), third party retargeting networks that may display our advertisements to you on other sites that you visit to remind you about us, and third party networks that serve user-requested emails (e.g., for a refer-a-friend email) to collect non-personally identifiable or other aggregated information about site visitors.

Cookies are text files that are used by your computer’s web browser to store your preferences, and enable us to enhance your user experience with our Websites. Third party retargeting networks may also use cookies to display our advertisements to you on other sites. You can learn more about opting-out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page

Please note that you do have the option to configure most web browsers to NOT accept cookies. However, be aware that disabling cookies may keep you from having access to some functions or services on our Website or the web-hosted software that runs on our Website.

Emails or newsletters that we send electronically may use techniques such as web beacons or pixel tags to gather email metrics and information to improve the reader’s experience, such as the number of emails that are opened, whether they were forwarded or printed, the type of device from which they were opened, and the location (e.g. city, state, and county) associated with the applicable IP address.

Other parties such as advertising partners and analytics companies may also be collecting information about your online activity across various websites over time. The information collected by those third parties may include identifiers that allow those third parties to tailor the ads that they serve to your computer or other device.

If you visit this Website or any of our other Websites with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this Website or any of our other Websites with an open ID, the number of items “liked” on this Website or any of our other Websites, or items on this Website or any of our other Websites that you choose to share with a third-party social media site.

Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined. We are waiting for the online industry to develop a common protocol for how to treat DNT signals. In the meantime, you can use the range of other tools we provide to control data collection and use, including those described herein.

2. Third Party Financial Institutions and Affiliates

We submit payment information directly to Clickbank when you purchase e-books on our Websites. This information includes your credit card or debit card number and your zip code. Clickbank may use this information to process your order and record and file the information. If you return purchased products or request a refund or exchange, you may be asked to give your name, address and any other identifiable information that is deemed necessary to verify your identity. This information may be collected by Clickbank to prevent fraud and identify theft.

3. VeriPurchase

VeriPurchase uses information collected from our customers through ClickBank in order to display in the VeriPurchase Customer Widget. This includes first name, first initial of last name, and country. To opt-out, please go to the following website and follow the opt-out process: http://www.veripurchase.com/optout.php.

4. Information Collected through Surveys

Personally identifiable information that is collected from our surveys is used for research purposes, and is not used for sales solicitations. When a survey is sponsored by a third party, non-personally identifiable aggregated information of the survey results is reported to the sponsor. Personally identifiable information collected through market research will be used only by us and our service providers and contractors and will not be given or sold to a third party without your consent or as otherwise permitted by this Privacy Policy. We will not knowingly accept survey responses from or conduct interviews with any person under the age of 18.

5. Information Collected by Third Parties Not Acting on Behalf of Us

Sponsors or advertisers on our Websites may use their own cookies or other online tracking technologies in the advertisements served on our Websites and in emails, special promotions or newsletters you agree to have sent to you as a result of submitting your email address any of our Websites. Some advertisers use companies other than Mindful Health, LLC to serve their ads and to monitor users’ responses to ads, and these companies (“Ad Servers”) may also collect non-personal information through the use of cookies or web beacons on our Websites. In certain situations, information collection may be facilitated by momentarily directing your browser to the website of an Ad Server or other third party acting on behalf of the sponsor, partner, or advertiser before re-directing your browser to its selected area. You should be aware that we do not and cannot control the use of cookies by advertisers or any information advertisers may gather from their use of cookies.

6. Updating, Removing, or Exporting your Personal Information

If you are a subscriber to one of our mailing lists, you can customize your information and the mailing lists you have subscribed to at any time by simply clicking the link called “Manage Subscription” at the bottom of any email you receive from us. That will take you to a preferences center where you can update your information and communication preferences.

If you have questions about the use, amendment, or deletion of Personal Information that you have provided to Us, or if you would like to opt out of future communications from us, please contact us using the above information.

In all communications with us, please include the e-mail address used for registration (if applicable), the web site address or the specific program to which you provided Personal Information and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put "Deletion Request" or "Amendment Request", as applicable, in the subject line of the correspondence. We will do our best to respond to all reasonable requests in a timely manner.

If you are a European citizen and wish to request that we forget you from our database, please send an email to support@DanetteMay.com with the subject line “Forget Me”, and explain in the body of the email that you are asking to have your personal data deleted. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored. We reserve the right to retain any data that we are required to maintain under applicable laws.

If you are a European citizen and wish to request that we export your data so you can port it to another vendor, please send an email to support@DanetteMay.com with the subject line “Export My Data”, and explain in the body of the email that you are asking for a data export. We have a standard data export format that we will provide and are not able to create custom exports. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored.

If you have a complaint or problem, please email us at support@DanetteMay.com. One of our support team members will forward your complaint to the appropriate internal department for a response or resolution.

We generally are able to answer every email within 2 business days. If you want to (1) delete your personally identifiable information from our systems, (2) update the personally identifiable information that you have provided to us, or (3) change your preferences with respect to marketing contacts or other activities; you should contact us at the information provided in the section entitled, “Contacting Us”.

7. Third Party Actions

Our Websites may refer to products, services, or other information from third parties and/or contain links to websites operated by third parties. Such information and these links may be provided by us or any user of our Websites. The fact that these links, products, and services are available to you on the Websites does not imply that we endorse, recommend, or are associated with, such third-parties or their products, services, information, websites or the contents thereof.

We have no authority or control over, and are not responsible for, the operation, performance, availability, content, or other aspects of any third-party products, services, information, or websites. Furthermore, we have no obligation to verify the content of such websites or information. If you decide to access any of the third-party websites linked to this Website and/or any of our other Websites or use any third-party products, services, information, or websites or the contents thereof, you do this entirely at your own risk.

MINDFUL HEALTH, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE), TO ANY THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, OR LINKED WEBSITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.

8. Children’s Privacy

We do not knowingly intend to collect personally identifiable information from children under 18 years of age. If your minor child has provided us with personally identifiable information, you may contact us at the phone number or mailing address listed in the section entitled, “Contacting Us” if you want this information deleted from our records. We will then make reasonable efforts to remove your child’s information from the database that stores the information.

9. IP Addresses

We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.

10. Data Security Policy

Mindful Health, LLC employs commercially reasonable security programs to protect your Personal Information from unauthorized access, use, or disclosure. However, you should be aware that Mindful Health, LLC cannot fully eliminate security risks associated with Personal Information. Despite Mindful Health, LLC’s strong efforts to protect your personally identifiable information and personal health information, there is always some risk that an unauthorized third party may find a way around Mindful Health, LLC’s security systems or that transmissions of your information over the Internet may be intercepted.

Please bear in mind that Mindful Health, LLC is a limited liability company organized under the laws of the State of Colorado, and has its headquarters in Colorado. The servers that host the Websites are located in the United States.

11. Contacting Us

If you have any specific questions about our Privacy Policy, the privacy practices of this Website and/or our other Websites, or if you want to exercise any of the rights that you are given under this Privacy Policy, you can contact us by email at support@danettemay.com or write to us at the following address:

Attention: Mindful Health, LLC
1153 Bergen Pkwy Ste 133
Evergreen, CO 80439

12. Authority of Website Administrator

Subject to the terms contained herein and in the Privacy Policy, we may in our discretion modify, edit, translate, suspend, restrict access to or terminate this Website, any of our other Websites, the Website materials or any link at any time without liability or prior notice. We may in our discretion terminate the browsing of, registration with and use of this Website and/or any of our other Websites by any user at any time without liability or prior notice for any reason, including for any breach of this Privacy Policy.

13. Linking

You may NOT provide a direct link to the top page of this Website and/or any of our other Websites, unless and until you receive express written consent that you may do so.

14. Compliance with Digital Millennium Copyright Act

We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website and/or any of our other Websites who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the Website Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the Website Material;
Information reasonably sufficient to permit us to contact the complaining party
A statement that the complaining party has a good faith belief that the use of the Website Material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact Mindful Health, LLC’s Copyright Agent at:
Attention: Mindful Health, LLC
1153 Bergen Pkwy Ste 133
Evergreen, CO 80439

15. Terms of Use

Please read the Terms of Use Policy carefully to understand other terms and conditions that govern your use of this web site. The Terms of Use Policy is hereby incorporated by reference as part of this Privacy Policy.

16. Severability

If any part of this Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

17. Note to California Residents

If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.

Alternatively, the law provides that if a company has a Privacy Policy that gives either an opt-out (often referred to as “unsubscribe”) or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, that the company may instead provide you with information on how to exercise your disclosure choice options.

This Website qualifies for the alternative option; it has a comprehensive Privacy Policy and provides you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and want to request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Please send an email to the Privacy Administrator at support@DanetteMay.com, or you may contact us via regular mail at:

Attention: Mindful Health, LLC
1153 Bergen Pkwy Ste 133
Evergreen, CO 80439

All requests sent via regular mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please include your zip code for our own record keeping.

We do not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.