Privacy Policy

Head Down Heart Up, LLC Privacy Policy
This Privacy Policy sets forth how and when Head Down Heart Up, LLC (“HDHU,” “we”, “us”, or “our”) use, share, and protect your information when you use our websites located at www.headdownheartup.com (collectively, the “Website”) and any of our programs, products or services (collectively with the Website, the “HDHU Offerings”). By using, registering for, or purchasing any HDHU Offerings, you consent to the collection, use, and disclosure of personal information in accordance with this Policy. This Policy is incorporated by reference and subject to the provisions of our Terms of Use. We reserve the right to update this Privacy Policy from time to time by posting a revised Privacy Policy on the Website and updating the effective date. By continuing to use any HDHU Offerings after we post any such updates, you accept the Privacy Policy as modified.

We are committed to ensuring that your privacy is protected. Should we ask you to provide personally identifiable information when using the HDHU Offerings, then you can be assured that it will only be used in accordance with this Privacy Policy. We will never sell, barter, or rent your email address to any unauthorized third party.

 

What Are Your Rights?

A new European Union law, called the General called the General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and opt-in opportunities to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:

  • Right of Access - the right to be informed of and request access to the personal data we process about you;

  • Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;

  • Right to Erasure - the right to request that we delete your personal data;

  • Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;

  • Right to Object -

    • the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;

    • the right to object to your personal data being processed for direct marketing purposes;

  • Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and

  • Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from HDHU (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you).

If you have any questions about your privacy, your rights, or how to implement any of the above send us a request at ev@headdownheartup.com


What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

 

What information do we collect and how?

We collect information from you when you register on the Website, place an order, subscribe to our newsletter, contact us via email, respond to a survey or fill out a form on the Website.

When ordering or registering on the Website, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit the Website anonymously.

Through your use of HDHU Offerings, when you registering for the Perfect Fitness Framework coaching program you will be asked to opt-in to a series of assessments. Data collected in the assessments includes:

  • Health History information

  • Lifestyle information

  • Personal Fitness information

  • Personal Nutrition information

The HDHU Offerings may contain interactive functionality that allows you to post comments, or to upload photographs and other content (your “User Content”), and otherwise to interact with other users. If you use any interactive functionality that requests or permits you to provide us with personal information (including, for example, any services that allow you to post User Content), we collect the information that you provide to us in the course of using these interactive features. You should be aware that any information you provide in email exchanges, social media groups or similarly non-private environments may be read, collected, and used by others who access these areas.

This Privacy Policy does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).

Children

Our products and services are not intended for or available to children under the age of 18 years.  If you are under the age of 18 years, please exit our website.
 

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To provide the HDHU Offerings and information that you request.

  • To personalize your experience. Your information helps us to better respond to your individual needs.

  • To improve the HDHUy Offerings. We continually strive to improve our offerings based on the information and feedback we receive from you. We also use your information to prevent fraudulent use of our offerings, and to prevent or take action against activities that are, or may be, in violation of our Terms of Use or applicable law.

  • To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.

  • To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

  • To administer a contest, promotion, survey or other site feature. We or our business partners may conduct or sponsor special contests, sweepstakes, and other promotions that our users may enter or otherwise participate in. Certain of these promotions may be co-branded. In these instances, the collection of your personal information may occur directly by the third-party partner on its website or other online service and may be shared with us. The promotion will state the privacy policy or policies governing the collection of such personal information.

  • To send periodic emails. The email address you provide for order processing, may be used to send you administrative information and updates pertaining to your order, in addition to receiving occasional news, updates, related product or service information, etc. from us. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect visitor information?

We implement a variety of reasonable security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

For example, we offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk, and you are responsible for all personal information you submit to us.

Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
      • Help remember and process the items in the shopping cart.
      • Understand and save user's preferences for future visits.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

If you disable cookies off, some features will be disabled It won't affect the user's experience that make your site experience more efficient and some of our services will not function properly. However, you can still place orders .

Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our Terms of Use, or protect ours or others' rights, property or safety. 

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.


Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.


Google
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en 

We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
      • Remarketing with Google AdSense
      • Google Display Network Impression Reporting
      • Demographics and Interests Reporting
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.


Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.


California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.
Users will be notified of any privacy policy changes:
      • On our Privacy Policy Page
Users are able to change their personal information:
      • By emailing us
      • By logging in to their account
 

How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.


Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.

Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:


We will notify the users via email
      • Within 7 business days
We will notify the users via in-site notification
      • Within 7 business days

We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
      • Send information, respond to inquiries, and/or other requests or questions.
      • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM we agree to the following:
      • NOT use false or misleading subjects or email addresses.
      • Identify the message as an advertisement in some reasonable way.
      • Include the physical address of our business or site headquarters.
      • Monitor third-party email marketing services for compliance, if one is used.
      • Honor opt-out/unsubscribe requests quickly.
      • Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at ev@headdownheartup.com and we will promptly remove you from ALL correspondence.

International Visitors

Our servers and data centers are located in the United States. If you choose to use any HDHU Offerings from outside the United States, then you should know that you are transferring your personal information outside of your region and into the United States. for storage and processing. By providing your personal information to us through your use of any HDHU Offerings, you agree to the transfer, storage, and processing of your data in the United States. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the HDHU Offerings. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.


Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.

Head Down Heart Up, LLC

PO Box 358

Rochester, NH 03866

USA

ev@headdownheartup.com

Last Edited on 2018-05-27