Last Revised on March 21, 2023
Our Commitment to Online Privacy
We know these privacy policies and ToUs are not very exciting. However, by continuing to use our online services, you agree to let us use your information in the ways set out in this Policy and agree to the terms set out in our ToU, which is why you really should stick it out and read the whole thing. We believe our privacy practices are first-rate! But, if you disagree, we will be sad to see you leave.
Services this Policy Covers
What Is Personal Information?
Personal Information is any information that may allow for an individual to be personally identified. For example, your name, email address, social security number, phone number, residential address, and credit card details are considered personal information. Other information, such as your interests, birthdate, economic status, customer number, IP address, geolocation, education, and job title, may also be considered personal information if that information, when combined with other information, is used to reveal your identity.
Personal Information Vital-Side Collects
We collect personal information from you when you voluntarily consent for us to use such information OR visit our website. You voluntarily consent for us to collect, use, and store your personal information by:
- Directly providing the information to us: Sometimes we may ask for specific information from you to effectively provide our Services or help you with a particular inquiry, and sometimes you may choose to give us information on your own accord. Both of these are examples of when you consent for us to collect, use, and store your personal information. Specifically, you consent for us to use the information you have provided when you reach out to us by email or our social media accounts, use the “contact us” form on our website, fill out any client intake form, interact with our support or customer service teams, purchase any Services, sign up to become a Vital-Side member (passwords are encrypted), participate in any Services, post in our community forum, or comment on our blog or social media accounts. If you have decided to share sensitive information with us during our private coaching sessions, we always treat this information as confidential and do all in our power to ensure that this information is stored and processed securely. It is also wise to remember that our community forum, blog, and social media accounts are accessible to others, and any information posted by you on such “Social Services” are therefore accessible to others.
Did Someone Say Cookies!?
Cookies are small files that we transfer to your computer’s hard drive through your browser.
- Types of cookies we use: We use both session cookies, that are erased once you exit your browser, and persistent cookies, that stay on your device for a set period of time or until you manually delete them.
- Can I block cookies? Most browsers have an option to stop your computer from accepting cookies or to stop certain types of cookies from being activated. If you decide to block cookies, our website may not operate properly, and you may not be able to access some of our online features. If it is the targeted advertising that you are mainly concerned about, you can choose to specifically opt-out of targeted advertising by going to the following links:
Facebook - https://www.facebook.com/settings/?tab=ads
Google - https://adssettings.google.com
Digital Advertising Alliance - http://optout.aboutads.info/
You can check out www.allaboutcookies.org to learn more about the cookies!
What About My Credit Card Information?
We love being able to accept credit card payments online. It’s convenient, quick, and easy to use. However, we understand that giving out your credit card information online can sometimes leave you feeling a little exposed. We only use PCI compliant third parties to process credit card transactions, and we never personally see your credit card information. Currently, we are using Shop to process credit card transactions.
Reasons Vital-Side Collects Personal Information
In these George Orwellian times, we think it is important to point out that we are no Big Brother company. We never collect your information for the purpose of selling, renting, trading, or otherwise abusing it. We only use your information for the following reasons:
- To personalize our online features and content;
- To fulfill or enforce a contract that you have entered into with us;
- To help you efficiently access your information;
- To improve, monitor, and test our Services and new products or features;
- To prevent, investigate and address the misuse of our Services;
- To learn about the types of people that are using our Services and how we can better market to those people;
- To allow you to contact us;
- To let you know that you have abandoned a cart item;
- To allow you to pay for Services;
- To allow you to participate in social sharing;
- To allow you to access and participate in our Services;
- To respond to your inquiries and fulfill your requests;
- To comply with law enforcement and other regulatory authorities;
- To communicate with you about our Services and features; and
- For other legitimate business interest reasons.
Sharing Your Information with Other Humans
Although we try to limit who we share your information with, there are situations where sharing is necessary for our legitimate business purposes. We share your information with third parties in the following ways:
- Agents: At Vital-Side, we sometimes need to use other trusted companies and individuals to help us. Whenever a company or individual is working for us, they are acting as our agent. Sometimes our agents may need to access your personal information for a particular task, but they do not have the right to use your personal information beyond what is necessary and must comply with our privacy practices.
- Third-Party Software and Apps: We use a number of third-party software and apps to make our jobs a little easier. Some personal information may be stored, processed, or shared with these apps.
- New Owners: In the unlikely event that Vital-Side is involved in a bankruptcy, merger, acquisition, reorganization, or sale of major assets, your information may be sold or transferred as part of that transaction. We will give you notice before there is a substantial change in our ownership and before any transfer of your personal information occurs.
- Law Enforcement: We may sometimes be required to share your personal information with law enforcement. We will only share your information when we believe, in good faith, that sharing your information is necessary to protect our business or our clients. Examples include where a legal warrant or subpoena has been issued to us, where we must report information due to a belief that fraud or misuse of our Services has occurred, or where our property or safety, or a client’s property or safety, is at risk. In fraud cases, we may also be required to share your information with investigatory authorities and banks.
- Marketing: We may share information that you publicly post on the Vital-Side forum, such as progress reports and opinions on how Vital-Side’s Services have helped you, for our marketing and publicity purpose. We always anonymize posts used from the forum and we never use this information if it includes personal details or health information unless we have expressly received your permission to do so. We also may share, repost and market any information about Vital Side’s services that you post publicly on third-party platforms such as Instagram, Facebook and Google Reviews.
- Emails you can opt-out of: At Vital-Side, we love to keep you updated on what is happening with our business and new Service offerings. If you are receiving these types of emails or other marketing emails, it means that you consented to receive these emails either by clicking an opt-in box or by otherwise letting us know that it was all good for us to use your email address in this way. Of course, you are always free to opt-out of these emails by simply clicking ‘unsubscribe.’
- Emails you will not be able to opt-out of: Sometimes, you won’t have the option to unsubscribe from emails that we send you. This will only happen if the email contains an important message that needs to be delivered to you. For example, we may send emails to let you know that you have an upcoming appointment, update you on changes to this Policy, or confirm that a payment has been made.
Personal Information Retention and Your Rights
At Vital-Side, we only keep your personal information for as long as necessary to provide our Services. Depending on your residency, under the law (such as the California Consumer Privacy Act and EU General Data Protection Regulation), you may also have the right to request at any time for us to:
- Give you access to any personal information that we have processed;
- Correct any personal information that may have been incorrectly processed;
- Delete your personal information from our storage systems;
- Transfer your personal information to another service, when technically feasible; and
- Stop using your personal information in specific ways by withdrawing the consent you have given us.
Regardless of whether we are obligated under the law or not, if you would like us to do any of the above, you can contact us using the information provided at the end of this Policy. We will do our best to try to fulfill your requests. However, sometimes we may be required to retain your information to comply with our administrative, legal, and/or regulatory obligations. For example, we may be required to keep a history of transactions to report our taxes or may need to retain some information for law enforcement purposes such as fraud monitoring, detection, and prevention.
Where Your Information is Processed and Stored
Vital-Side is a business that is formed and operated in the United States. However, in addition to storing information directly onto our hard drives, we also use some third-party cloud storage systems and apps to ensure that your information isn’t lost. These third parties may store and transfer your information outside of the United States.
Liability for Third-Party Software & Apps
We always use our best efforts to pick the cream of the crop when it comes to using third-party software and apps. We make sure to check out the third party’s security standards before storing, sharing, and processing your personal information with them. However, we are not liable for any breach of privacy or data security that occurs due to the fault of these third parties.
Keeping Your Information Safe
We have physical, electronic, and managerial systems and procedures in place to help keep your information under lock and key. Unfortunately, no online system can guarantee the complete security of your personal information. Issues such as pesky viruses or system failures may result in your personal information being compromised. You can help prevent unauthorized access to your information by using antivirus software, limiting access to your personal computer, and creating strong passwords. In the unlikely event that your personal information is compromised due to a security breach on our end, we will be sure to notify you, in accordance with the law, as soon as reasonably possible.
Protection of Children
Our Services are not directed or intended for children under 18 years, and all children working with Lindsay or another Vital-Side coach directly, under the age of 18 must have permission from their parents or guardian to access our Services, signing a contract through Docusign. We do not knowingly collect personal information from anyone under the age of 13 and delete this information as soon as we become aware of it. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Services regardless of having parental permission. That said, because this is an online service, at times we will not know if a person with internet access is under the age of 18, and if we do not have direct knowledge of this, we are not liable for the purchase of the course or the information obtained from it.
Changes Made to This Policy
We may modify this Policy from time to time. The date at the top of this Policy lets you know when this Policy was last revised. If we make a change to this Policy that we believe materially affects the way we use your information, we notify you of the change via email. It is important to check back here occasionally to make sure you have read the latest policy. By continuing to access or use our Services after the policy changes, you allow us to use your information in the way we describe in our updated policy.
We will always try to resolve your concerns about our privacy practices promptly and hope that together we can find a solution without involving costly legal channels. However, if we cannot come to an agreement, by using our Services, you agree to binding arbitration, rather than formal court proceedings, to have the matter resolved. You can read more about this process in our ToU. THE DISPUTE RESOLUTION TERMS IN OUR TOU MATERIALLY AFFECT YOUR ABILITY TO BRING A LAWSUIT AGAINST US; PLEASE READ THESE TERMS CAREFULLY
Additional ToU Terms
This Policy is subject to terms stated within our ToU. Specifically, this Policy is subject to all clauses in our ToU regarding warranties, limitation of liability, indemnification, assignment, waiver, severability, applicable law, jurisdiction, entire agreement, and any other ToU provisions that logically ought to apply to this Policy
In this Policy, we have tried our best to lay all our privacy practices out on the table for you. However, if you ever have any questions, concerns, requests, or comments about how we use your information or any other question relating to our ToU or Services, you can contact us by email at:
PO BOX 41693
Austin, TX 78704