GDPR NOTICE: We do not currently offer any of our products/services within the EU, nor do we target clients residing in member countries of the EU with our marketing campaigns. Most of our products and services are limited to the United States and Canada. As such, the below information is to assist in understanding our practices while operating within these non-EU countries. Any existing EU clients from pre-GDPR campaigns and offers should no longer receive any marketing-related media of any kind. If you are an EU client who has recently received such media, please notify us immediately so that we can correct the error.
While some of our primary informational websites can be browsed from EU member countries, placing orders is restricted, and no information is saved from the visit.
Additionally, we have taken steps to ensure that the right to be forgotten - as well as other GDPR protections - exist for ALL USERS (including non-EU), so do not hesitate to contact us should you wish to view or update your customer data in any way, get more information on how we use it, or be removed altogether.
To make the below privacy policy easier to understand, please read this summarized version for a better understanding:
- What personal information we collect: We collect: your email address, your name, your IP address, and other address information needed to complete the purchase or sign-up. We do not store this information unless the sign-up or purchase is completed.
- How and why we collect it: We scan the IP address of all visitors to assess the country/region from which the website is being accessed, in order to validate if our offer is available in that area. This information is stored temporarily on YOUR device, and is not saved anywhere in our system until you either sign up to receive future information/marketing from us, or place an order. Any additional information is the information given to us by you when completing your order, as well as some essential device information to help us know which version of the page you received. (e.g. mobile device vs computer)
- How we use it: (1) verification of offer eligibility, (2) customer service and technical support (using device specifications), (3) order fulfillment, (4) demographic reporting to better understand our customers, and (5) sending receipts, free content, or promotional offers. To help prevent fraud, we limit the number of transactions that can be made from the same IP address.
- How we secure it: Initial data is stored temporarily in encrypted sessions, while order form data is all transferred via HTTPS on the latest TLS standards. Our billing system, Infusionsoft, is a PCI DSS level 1 compliant system, with many layers of security in place to protect any order data that we store. This includes steps such as no paper being allowed within the facility, security key access only, advanced firewalls and encryption, and regular scanning of all systems for any potential vulnerabilities.
- Third parties: Your information is not able to be accessed by any third parties. The only situation where this may SEEM to be the case, is if an affiliate who already had your information sent an email to you related to our offer. We do NOT give this information to these affiliates, and they would have to acquire your information themselves.
- Cookies: We use cookies when orders are placed to help prevent duplicate orders. Beyond this, temporary sessions are used to pass information from page to page, to help the website temporarily remember important details related to your visit (e.g. IP address, country of origin, which affiliate sent you here, etc) - this prevents us from having to query for this information over and over again, as well as prevents you from needing to re-enter your name or email address after you already did.
- How you can control this: While some of these steps are required for site functionality to work (i.e. the session information), you can always adjust your browser settings to disable cookies - or browse using an incognito browser. Your experience may be less seemless, as the same information may be requested more than once, but browing and placing orders should work just fine. You are also more than welcome to email our [email protected] address to request that your information be changed or even deleted.
- Mandatory data: Some personal information is mandatory depending on circumstances. If you sign up to receive emails from us or purchase one of our digital products, we will need your email address to facilitate this, as well as your IP address to verify/prove that you are within an eligible country. If you purchase a physical product from us, we will also need your shipping address to send to our fulfillment team. We do not collect data that is not needed for our services, and all forms and features of the site will prompt you for what information is required to complete the task. If you have any additional questions regarding the specific pieces of information we collect and what we use it for, please feel free to ask us at [email protected].
All data processed above is gathered via consumer consent, or is required for us to process the order successfully. Email address for communication and product delivery for digital services, financial and address information for facilitating payment and delivery of products/goods, as well as IP/device information for proper functionality of services, as well as confirming eligibility for offers.
Legendary Ventures is the Data Controller for all users.
Legendary Ventures (“FITera”), is committed to respecting the privacy rights of their customers. FITera created this Privacy Policy to give you or your company (in either case, “You” or “Your”) confidence and demonstrate its commitment to fair information practices and to the protection of privacy.
This Privacy Policy is only applicable to the Website and Metabolic Triggers product, and not to any Third-Party Websites, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.
BY USING THE WEBSITE AND THE PRODUCT, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
Each time You use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time You use the Website You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Website. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.
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CHILDREN'S PRIVACY
FITera does not solicit or knowingly collect personally identifiable information from children under the age of 13. If FITera obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, FITera will immediately delete such information from its database. Because FITera does not collect personally identifiable information from children under the age of 13, FITera has no such information to use or disclose to third parties. FITera has designed this Privacy Policy in order to comply with the Children’s Online Privacy Act (COPPA).
FITera does not solicit or knowingly collect personally identifiable information from children under the age of 13. If FITera obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, FITera will immediately delete such information from its database. Because FITera does not collect personally identifiable information from children under the age of 13, FITera has no such information to use or disclose to third parties. FITera has designed this Privacy Policy in order to comply with the Children’s Online Privacy Act (COPPA).
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INFORMATION COLLECTION PRACTICES
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a. Traffic Data
Like most website operators, FITera automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively Traffic Data). Traffic Data is anonymous information that does not personally identify You. Google, as a third party vendor, uses cookies to serve ads. Google's use of the DART cookie enables it to serve ads to You based on visiting this 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.
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b. Cookies
A Cookie is a string of information that a website stores on a users computer, and that the users browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. FITera uses Cookies to customize Your experience on the Website to Your interests, to ensure that You do not see the same advertisements or informational messages repeatedly, and to store Your password so You do not have to re-enter it each time You visit the Website. For additional information on FITera uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.
IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
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c. Personal Information
In order for You to use certain of the Services, You are required to provide FITera certain information that personally identifies You (Personal Information). Personal Information includes, without limitation:
- i. Contact Data (such as Your name and e-mail address);
- ii.Demographic Data (such as Your age, gender, ethnicity, height, body fat %, profession, education level, marital status, religious affiliation, zodiac sign, parental status, country, state, city and likes and dislikes,);
- iii. Financial Data (such as Your credit/debit card number and expiration date).
In each case, You will be asked to provide Personal Information; the Website will not gather it surreptitiously. FITera may supplement the Personal Information You provide with additional Personal Information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to FITera.
You are under no obligation to provide Personal Information, with the caveat that Your refusal to do so may prevent You from using certain of the Services.
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(a) Information You Make Public. The Website contains features (e.g. public profiles, chat rooms, forums, and message boards) that permit You to upload, post, transmit, display, perform or distribute content, information or other, including Your Personal Information. Any information that You choose to disclose by means of such features becomes public information over which FITera is unable to exercise control. You should exercise caution when deciding to disclose Your Personal Information by means of such features, and You agree to assume all responsibility for doing so.
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INFORMATION USE AND DISCLOSURE PRACTICES
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a. Traffic Data and Information Gathered Using Cookies. FITera analyzes Traffic Data and information gathered using Cookies to help FITera better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, FITera is able to better design the Website to improve Your experience, and to serve You more relevant and interesting content and advertisements. From time to time, FITera may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. FITera does not attempt to link information gathered using Cookies to Personal Information.
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b. Personal Information
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i. Generally. FITera uses Your Contact Data to send You information about FITera and FITera products and services, and to contact You when necessary in connection with the Services. FITera uses Your Financial Data to verify Your qualifications for certain Services and, when necessary, to bill You. FITera uses Your Demographic Data to customize and tailor Your experience on the Website. As with Traffic Data and information gathered using Cookies, from time to time FITera may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Website. 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. In addition FITera may use Your personal information, transfer Your personal information, and/or sell Your personal information for any legal purpose, including, without limitation: (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 web site or product(s); and (5) to bring retail opportunities and promotional offers to You by email, direct mail, telemarketing, and/or online banner advertising. When Your information is provided to third parties, these third parties may include providers of direct marketing services and applications. We or these third parties may supplement the information we collect online with outside records to enhance our ability to serve You, to tailor our content to You, and/or to offer You targeted advertising and other opportunities to purchase products and services that we believe may be of interest to You.ii. Financial Data Security. For Your safety and protection, Your credit card information is not stored on FITera’s servers. FITera’spayment gateway provider keeps this information encrypted and secure on Your behalf. We will never share your credit card information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us.iii. Disclosure Practices. Except under the following circumstances, and as otherwise stated herein, FITera will keep Your Personal Information private, and will not share it with third parties:
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Disclosure in Connection with Services. FITera discloses Personal Information to those who help it provide Services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
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License to User Content. As stated in the Website Terms of Use, by using the Website, You grant the FITera Parties the right to publish Your name and any username of Yours in connection with the FITera Parties exercise of their license in and to Your User Content. You further waive any claims arising from the FITera Parties exercise of that right. For additional information, see Terms of Use Section 17, regarding User Content.
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By Law or to Protect Rights. FITera discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when FITera believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of FITera, third parties or the public at large.
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Business Transfers; Bankruptcy. FITera reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of FITera assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if You are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by FITera successor organization.
EMAIL USAGEThe email address You provide when You register with the Website and become a Member, and/or for order processing, may be used to send You information and updates pertaining to Your Membership or order, in addition to periodic company news, udates, and/or related product or service information (collectively, “Special Offers”).
You may opt-out of receiving Special Offers at any time by (a) following the unsubscribe instructions contained in each Special Offer; or (b) sending an email to [[email protected]].
By permitting us to collect this information, You will be able to receive free information on products and services that may be of interest to You. You also enable us to personalize Your experience with us so that we can provide You with the highest quality of service. By submitting Your email address on this web site, You agree to receive email from us and our third party advertisers. We, and our third party advertisers, may maintain separate email lists for different purposes. 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. 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. In addition, You agree that by submitting Your email address on this web site and/or registering to receive the product and/or service offered herein, 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 and our third party advertisers retain the right to contact You via telemarketing in accordance with the ATSR and the applicable state regulations.
SECURITY OF PERSONAL INFORMATIONFITera has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information
LOST OR STOLEN INFORMATIONYou must promptly notify us if Your credit, bank, other financial institution information, user name or password is lost, stolen or used without permission. In such and event, we will remove that credit card number, bank account information, other financial institution information, user name or password from Your account and updated our records accordingly.
USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATIONFITera wants Your Personal Information to be complete and accurate. As stated in the Website Terms of Use, by using the Website, You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, Your Personal Information, visit Your personal profile. Through Your personal profile You may review and update You Personal Information that we have already collected.
THIRD-PARTY WEBSITESFITera neither owns nor controls Third-Party Websites. Accordingly, Third-Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by FITera. Before visiting or providing Personal Information to a Third-Party Website, You should inform Yourself of the privacy policies and practices (if any) of that Third-Party Website, and should take those steps necessary to, in Your discretion, protect Your privacy.
PROMOTIONAL ACTIVITIESFrom time to time, FITera may conduct contests, giveaways and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, FITera may also ask You to participate in surveys designed to help FITera improve the Websites, Products and/or Services. Any Personal Information provided to FITera in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCEBecause we value Your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act.
UPDATES AND CHANGES TO PRIVACY POLICYAlthough most changes are likely to be minor, FITera reserves the right, at any time and without notice, to add to, update, change or modify this Privacy Policy, simply by posting such update, change or modification on this page. Any such addition, update, change or modification will be effective immediately upon posting on the Website. Each time You use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time You use the Website You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Website. Unless FITera obtains Your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier Privacy Policy.
Effective Date: [January, 2009]
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