Online Privacy Policy

Body Up Coaching, a California company, (the “Company”) respects the privacy concerns of the users of its websites, bodyupcoaching.com and bodyup.mykajabi.com and the services provided therein (the “Sites”).  The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used. Content is hosted on bodyupcoaching.com and www.kajabi.com .  Since some marketing pages, learning courses and learning tools are hosted on the Kajabi platform, you may also read Kajabi's Full Terms of Service here and Full Privacy Policy here.

EU-U.S. Privacy Shield Participation: Our hosting platform for marketing and learning materials, Kajabi, participates in the EU-U.S Privacy Shield Framework (“Privacy Shield”), and has self-certified with the U.S. Department of Commerce that we adhere to the Privacy Shield Principles. In their privacy policy, Kajabi states that they are committed to applying the Privacy Shield Principles to all personal information received from countries in the European Economic Area (EEA) in reliance on the Privacy Shield. To learn more about the Privacy Shield, visit the U.S. Department of Commerce’s Privacy Shield website.  Under the Privacy Shield, Kajabi is responsible for the processing of personal information it receives and subsequently transfers to a third party acting for or on its behalf. Kajabi is liable for ensuring that the third parties we engage support our Privacy Shield commitments.  The U.S. Federal Trade Commission has regulatory enforcement authority over the Company’s processing of personal information received or transferred pursuant to the Privacy Shield Framework.  To learn more about the Privacy Shield, visit the U.S. Department of Commerce’s Privacy Shield website.

Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of Kajabi’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.

The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site.

The Company will not share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.

The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site, or anyone else that could be harmed by such activities.

The Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Children Age 16 and Under: The Company recognizes the special obligation to protect personally identifiable information obtained from children age 16 and under. AS SUCH, IF YOU ARE 16 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child age 16 or younger has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.  The company nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:  Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.  Know the sites your kids are visiting and which sites are appropriate.  Look for Website privacy policies. Know how your child’s information is treated.  Check out the FTC’s site for more tips on protecting children's privacy online

Age to purchase products:  Customers must be 18 years old or older to purchase products from Company.  See full terms of service for Body Up Coaching here.

Use of Cookies: Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.

Kajabi (the hosting platform for Body Up marketing and learning tools) uses the following cookies on the Site:

Cookie  Name    Purpose _kjb_session      Kajabi session cookie     Tracks your active admin session so you don’t need to re-login

kjba       Kajabi affiliate token      Tracks which affiliate has referred an offer purchase

_abv      Admin bar hidden            Tracks whether the user wishes their admin previewing bar to be hidden

Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Links to External Sites: The Company is not responsible for the content or practices of third party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.

Bulletin Boards and Chat Areas: Guests of the Site are solely responsible for the content of messages they post on the Company’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail Body Up at [email protected] .  For the learning area hosting site, contact Kajabi at [email protected].  Include a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list. 

Transfer of Information Across National Borders: Our site and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.

Your Access to and Control Over Your Personally Identifiable Information: At any time, but only once per calendar year, or as otherwise required under applicable law, users may contact Company or Kajabi to review the personally identifiable information that Company has collected about you. If you discover any errors, please notify Company and the information will be corrected. To review the personally identifiable information that Kajabi has collected about you, please send an email to [email protected] with the subject line: “Personal Information Review Request.” Users may also request that Company delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email Kajabi at [email protected] with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, any Games, and/or any Services, please email Kajabi at [email protected] with the words “Delete My Information” in the subject line.  For all matters related to Body Up in regard to this paragraph, email [email protected]

You may also choose to confirm that Kajabi does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation (i) when your personal may to be disclosed to a third party unrelated to the Company and/or parties directly related to providing your Services and/or (ii) when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to limit your personal data in either such way, or have other questions about how the Company may use your personal data, please contact us at [email protected] with the words “Privacy Shield Request” in the subject line.  In this regard for Body Up, email [email protected]

Your California Privacy Rights: California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Company has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want additional information confirming how Company does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact Company at [email protected].  If you have questions about Kajabi in this regard, you may contact Kajabi at [email protected] with the words “California Privacy” in the subject line of your email.   

Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:

Via email: [email protected]

Via regular mail:

Body Up Coaching

Attn: Privacy Policy/Legal

438 W Grand Ave Suite #422

Oakland, CA 94612

Information provided by you via general e-mail inquiries to the Company such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.

If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with Kajabi (our hosting platform) as provided above. If we have not addressed your Privacy Shield inquiry to your satisfaction, please contact our third-party dispute resolution provider – DMA Privacy Shield Program at: https://thedma.org/resources/consumer-resources/privacyshield-consumers/. Kajabi commits to cooperate with DMA for any unresolved data privacy shield inquiries. This is provided at no cost to you.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

Security/ How Your Personally Identifiable Information Is Protected: Security for all personally identifiable information is extremely important to us. Kajabi has implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. They also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. They (Kajabi) continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Kajabi cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk.

Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use the Site. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.

 

 Last Updated: August 1, 2020

 

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