/Privacy Policy
Privacy Policy2018-02-07T02:07:56+00:00

PRIVACY POLICY

Last Revised: February 6, 2018

This Privacy Policy applies to the following Website(s): physiqueforty.com, & www.physiqueforty.com (hereinafter, the “Website(s)”). The Website(s) and all of the content and information found on the Website(s) (“Website Materials”) provided by Physique Forty, & 939588 LLC (“We”) are provided “as is” and without warranties of any kind either express or implied.

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.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

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.

When do we collect information?

We collect information from you when you visit our website, register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.

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 personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To resolve transactional disputes.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)

Data Security Policy

Physique Forty, & 939588 LLC protects your Personal Information from unauthorized access, use, or disclosure. However, you should be aware that Physique Forty, & 939588 LLC cannot fully eliminate security risks associated with Personal Information. Despite the strong efforts from Physique Forty, & 939588 LLC 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 Physique Forty’s, & 939588 LLC’s security systems or that transmissions of your information over the Internet may be intercepted.

Your personal information is contained behind AES 256-bit secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Please bear in mind that Physique Forty, & 939588 LLC is a limited liability company organized under the laws of the province of Alberta, and has its headquarters in Calgary, Alberta, Canada. The servers that host the Websites are located in the United States, and any personal details you provide to us will be processed by us in the United States.

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.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

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 settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.

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 site policies, 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.

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
• DoubleClick Platform Integration

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 by 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 any 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 or companies with whom it is being shared. – 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 homepage or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By emailing us
• By logging in to your account
• By chatting with us or by sending us a support ticket

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 the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ 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 the age of 13 years old and anyone under 18 years old must seek parental approval before using accessing our website or purchasing our services.

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 you 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 the right to legally pursue 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.

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.

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.

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 Physique Forty, & 939588 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.

Updating or Removing your Personal Information

As a registered user, you can modify your Personal Information at any time by accessing the “User Profile” section of this Website and/or any of our other Websites. We allow you to correct, update or review the information you have submitted by going back to the specific user information page, logging-in, and making the desired changes.

Also, upon your request, we will use commercially reasonable efforts to functionally remove you and your Personal Information from this Website and/or any of our other Websites; however, it may be impossible to remove your entry without some residual information being retained by us. Registered users who wish to close their account should contact us at support@physiqueforty.com.

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

We try 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”.

Third Party Actions

Our Website(s) 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 Website(s). The fact that these links, products, and services are available to you on the Website(s) 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.

PHYSIQUE FORTY, & 939588 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.

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.

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.

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
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM, 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
• Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.

Website Session Recording

Physique Forty, physiqueforty.com, www.physiqueforty.com, & 939588 LLC. may record mouse clicks, mouse movements, page scrolling and any text keyed into website forms. Data collected by Physique Forty, & 939588 LLC. from the Physique Forty, & 939588 LLC. Website(s) is used to improve our website usability. The information collected is stored and is used for aggregated and statistical reporting. It also may be used to help identify bugs and unexpected behavior during troubleshooting and in the event of a transactional dispute.

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.

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.

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.

Contacting Us

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

Physique Forty, & 939588 LLC
89177 – 70 High Street SE
Calgary, AB T2Z-3W3
support@physiqueforty.com