Our Terms of Use & Privacy Policy
Website Usage and Limitation of Liability
INTENDED AUDIENCE/USE: Flourish Fit Co., LLC (“Flourish Fit”) an Arizona limited liability company, provides this website (the “Site”) to you, subject to these Terms of Use. The Terms of Use may be updated by Flourish Fit from time to time without notice to you. You can review the most current version of the Terms of Use at: https://flourishfitco.com/. This Site and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on this Site (collectively “Content”), is intended for the lawful use of Flourish Fit’ customers and clients, employees and members of the general public who are over the age of 18, and citizens of the United States. Flourish Fit operates and controls this Site from its offices within the United States of America. Flourish Fit makes no representation that the Content is appropriate or available for use in other locations, and access to the Site from territories where the Content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Some Content from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (1) into, or to a national or resident of, any country to which the U.S. has placed an embargo; (2) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list; or (3) the U.S. Commerce Department’s Table of Denial Orders. Flourish Fit is not and cannot be liable for any third-party use of its Content from this Site, in violation of any applicable law.
You acknowledge that Flourish Fit reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
GOVERNING LAWS / EXCLUSIVE JURISDICTION: Any claim relating to use of this Site and/or its Content, unless otherwise expressly stated by Flourish Fit, shall be governed by the laws of the State of Arizona without regard to any conflicts of law’s provisions. The federal and state courts of the state of Arizona shall have exclusive jurisdiction to adjudicate any dispute arising out of use of this, or in any way relating to this Site and its Content Site (unless otherwise expressly stated by Flourish Fit). By using this Site, you expressly consent to (i) the personal jurisdiction and venue of the courts of Arizona and (ii) service of process being effected upon you by registered mail or electronic communication if we do not have a postal address for you.
ACCEPTANCE OF TERMS: You acknowledge you have read and agree to be bound by these Terms of Use as well as our Privacy Policy, posted on this Site. Flourish Fit reserves the right to make changes to our website, Privacy Policy and their Terms of Use at any time. To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. You agree to comply with all applicable laws and regulations, including without limitation, limitation of liability, jurisdiction, and U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO OUR TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE SITE.
ELECTRONIC COMMUNICATIONS: Visiting our Site or sending us an e-mail is an electronic communication. You consent to receive electronic communications from us through e-mail and website postings. You agree that such electronic communications satisfy any legal requirement that agreements, notices, disclosures, or other communications be in writing.
OWNERSHIP OF INFORMATION: The contents of the Site and translated versions are copyrighted © 2024, Flourish Fit Co. LLC. No licenses are conveyed under any intellectual property rights, unless expressly stated by Flourish Fit. The information contained on this Site, including images hereon, is copyrighted and may not be distributed, modified, reproduced in whole or in part, without the prior written permission of Flourish Fit, except as listed below:
CONTENT: Any person is authorized to print out for personal use or to make copies of Content on this web page for personal use, provided that the Content contains Flourish Fit’ copyright notice, and that they are not otherwise prohibited from using the Content found on this Site by any law or regulation of the United States or other territories where such use is prohibited. This license does not include permission to sell Content; collection or use of product listings or descriptions; derivative use of this Site or its Contents; or use of data mining, robots or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any Trademark or other proprietary information images, text, layout) of Flourish Fit without our express written consent. You may not use meta tags or hidden text including our company name or Trademarks without our express written consent. Any unauthorized use terminates the license granted hereunder. A limited, revocable, nonexclusive right to create a hyperlink to any page or our Site is given so long as you do not show Flourish Fit or our products in a derogatory, offensive, misleading or false manner which shall be determined solely by Flourish Fit. You may not use our trademarks as part of the link without our express written permission.
COPYRIGHTS AND COPYRIGHT AGENTS: Flourish Fit respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, Flourish Fit has designated a copyright agent to receive notice of claims of copyright infringement on the Site. Flourish Fit’ copyright agent, may be reached at George@ddplegal.com.
If you believe that any content on the Site infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Flourish Fit’ copyright agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- The exact URL or a description reasonably sufficient to permit Flourish Fit to locate where the alleged infringing material is located on the Site;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
PROMOTIONS: This Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
SOFTWARE:
Flourish Fit Software: Use of software including, but not limited to, source code from the Site is subject to the copyright notices, disclaimers, and any license terms accompanying such software, whether set forth at the install of each program or posted in a header or text file. If such notices or terms accompany the software, then in addition to these Terms of Use the terms set forth below shall apply:
Flourish Fit retains all ownership and intellectual property rights in the software and in all derivatives thereto. You may use this software, and any derivatives created by any person or entity by or on your behalf. You agree that you are solely responsible for testing the software and determining its suitability. Flourish Fit has no obligation to modify, test, certify, or support the software.
Software Modified by Flourish Fit: If you use this Site to give Flourish Fit access to your software and Flourish Fit modifies such software at your request, then Flourish Fit’ copyright notice, disclaimer, and any license terms that accompany such modified code shall apply. If no such notices or terms accompany the modified code, then the terms set forth below shall apply:
You agree that you are solely responsible for testing the modified software and determining its suitability. Flourish Fit has no obligation to modify, test, certify, or support the modified software.
Software Related Disclaimers and Limitation on Liability: The Disclaimer of Warranties and Limitation on Liability of these Terms of Use shall apply to Flourish Fit software and software modified by Flourish Fit; provided, however, that the following cap on liability shall apply to such software:
TO THE FULLEST EXTENT ALLOWABLE BY LAW, FLOURISH FITS TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID DIRECTLY TO FLOURISH FIT SPECIFICALLY TO ACCESS THE SOFTWARE OR HAVE THE SOFTWARE DEVELOPED OR MODIFIED.
OPEN-SOURCE COMPONENTS:
Notwithstanding the software licenses granted in these Terms of Use, you acknowledge that certain components of software may be covered by so-called “open source” software licenses (“Open Source Components”), which means any software licenses approved as open source licenses by the Open Source initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. To the extent required by the licenses covering Open-Source Components, the terms of such license will apply in lieu of the software license grants in these Terms of Use. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in these Terms of Use with respect to such Open Source Component, such restrictions will not apply to such Open Source Component.
TRADEMARKS AND LOGOS: The trademarks, service marks, and logos (the “Trademarks”) displayed and used on this Site are registered and unregistered trademarks of Flourish Fit. The absence of a Trademark from this list does not constitute a waiver of Flourish Fit’ trademark or other intellectual property rights concerning that trademark. Fair use of Flourish Fit’ Trademarks to refer to Flourish Fit products requires obvious acknowledgement of Flourish Fit’ ownership of the Trademarks in the document or publication. Any other use of a Trademark publicly may only be undertaken with advance written permission from Flourish Fit. Nothing on this Site should be construed as granting any license or right to use any Trademark without the written permission of Flourish Fit.
DISCLAIMER OF WARRANTY: THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. FLOURISH FIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FLOURISH FIT AND ITS SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE MATERIALS ON THIS SITE, INCLUDING THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. FLOURISH FIT MAY MAKE CHANGES TO THE MATERIALS PROVIDED ON THIS SITE, OR TO THE PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. FLOURISH FIT HAS NO OBLIGATION TO UPDATE THE MATERIALS ON THIS SITE.
LIMITATION OF LIABILITY.
IN GENERAL: YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL FLOURISH FIT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, LOSS OF PROFIT, LOSS OF REVENUES, CONTRACTS, BUSINESS, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, OR WASTED MANAGEMENT TIME, EVEN IF FLOURISH FIT HAS BEEN ADVISED OF THE POSSIBILITY OR THEY ARE FORESEEABLE. FLOURISH FIT’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF GOODS OR SERVICES TAT YOU PURCHASED. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW. YOUR RESPONSIBILITY FOR PRODUCTS AND PROCESSES: WITHOUT AFFECTING FLOURISH FITS RESPONSIBILITIES TO YOU UNDER THESE WEBSITE TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACCEPT THAT YOU, AND NOT FLOURISH FIT ARE SOLELY RESPONSIBLE FOR (I) ANY PRODUCT OR SERVICES WHICH USES OR INCORPORATES FLOURISH FITS GOODS OR SERVICES, (II) REVIEWING/ TESTING GOODS SERVICES AND CONTENT AND DETERMINING THEIR SUITABILITY FOR USE
USE OF COOKIES
Cookies and Related Technologies on This Site
The use of this Site requires the use of certain required and functional Cookies. Website Cookies (also called web cookies, Internet cookies, browser cookies, or simply cookies) are small blocks of data created by a web server while a user is browsing a website and placed on the user’s computer or other device by the user’s web browser. Cookies are placed on the device used to access a website, and more than one cookie may be placed on a user’s device during a session.
FLOURISH FIT CO., LLC PRIVACY POLICY
Effective Date: December 3, 2024
This Privacy Policy (“Policy”) describes the information collected by or on behalf of Flourish Fit, LLC (“Flourish Fit,” “we,” “us,” or “our”) through our website https://flourishfitco.com/ and all other websites that link to this Policy (the “Sites”), and how the information is used and disclosed. This Policy also describes certain rights you may have regarding your personal information and how to exercise those rights. If you have questions or concerns about this Policy, please contact us as set forth below.
We may modify this Policy at any time. All changes will be effective immediately upon posting to the Sites. Material changes will be conspicuously posted on the Sites or otherwise communicated to you.
If you use the Sites, you must comply with our Website Term of Use (“Terms“) found on the Flourish Fit website.
Information We Collect
We may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”) when you use our Sites, purchase our products, and otherwise interact with us (collectively, “Services”). The Personal Information we collect falls into three categories: (a) information you provide to us; (b) information we collect through automated methods when you use our Services; and (c) information we collect from other sources. Each category of Personal Information is further detailed below.
Information You Provide to Us
We collect Personal Information that you provide directly to us. You can visit the Sites without submitting Personal Information. However, Personal Information is required to use certain Services, for example, to create an online account, purchase products, contact us via email, phone, or the Sites (where we may retain your message’s content and our response), receive or request data from us (e.g., catalogs and newsletters), respond to communications from us (e.g., surveys and promotional offers). In such circumstances, we may be unable to provide you with our Services unless you provide your Personal Information.
Online Accounts. You will be required to create a customer account to make purchases through our Sites. To create an online customer account, you must submit your name, phone number and email address. You will be prompted to create a password (if applicable). This Personal Information is used to populate a profile within your account.
Order & Payment Data. When you make a purchase online, we use a PCI-compliant payment processor, such as Stripe, to facilitate payments and collect device IDs to prevent fraud. We have contracted with such payment processor to help ensure they protect and limit the use of your Personal Information. Flourish Fit will keep a record of your purchases. If applicable, we collect tax identification numbers you submit for tax-exempt purposes. Flourish Fit does not receive your full credit card or debit card number or any other financial information when you make a payment. All such information is provided directly to the applicable payment processor. To learn how our payment processor uses your Personal Information, please see Stripe privacy policy here: https://stripe.com/privacy
Marketing Communications; Email Opt-Out. If you opt-in to receive marketing communications from us, you must submit your name, email address, mailing address, and/or phone number. We use this data to send you promotional and other electronic and hardcopy communications. We may use third-parties or service providers to deliver communications to you. You may opt-out of such marketing emails by contacting us at info@flourishfitco.com “Unsubscribe” in the subject line. Alternatively, promotional emails contain a link to unsubscribe from the mailing list. You may also elect to receive text messages from us. When you sign up to receive SMS text messages, we will send you information about promotional offers and more.
Feedback. When you provide comments or feedback about our Sites, the content on the Sites, or our products or Services (“Feedback“), we will not treat that Feedback as confidential, and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.
Data Automatically Collected
We may use automated technology to collect information from your computer system or mobile device when you use our Services. For example, we may collect information such as the websites you visit before or after you visit the Site, pages you click-on on the Site, IP address, general location information, search requests, browser type, operating system, data and time you visit the Site, the amount of time spent on the Site, and the device you use to access the Site. We may collect data automatically in the following ways:
Account Activity. We may collect data about how you use (i) your online account, and (ii) the Sites when you are logged into your account. We may combine data automatically collected from you with other Personal Information about you.
Cookies & Other Tracking Technologies. We may use cookies, web beacons, pixel tags and other tracking technologies (collectively “Cookies“) on our Sites and Services. A cookie is a small text file that is saved onto your computer or device when you use the Sites that provide us certain information about your activities. Cookies allow the Sites to remember your actions and preferences and recognize you or your browser, along with some information you provided. Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage.
A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable Sites and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a Site that has implemented a persistent Cookie, the persistent Cookie is renewed, and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.
Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual Sites that you are visiting (i.e., these Sites). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We may not have control over how a third-party uses information collected through third-party Cookies.
Most browsers automatically accept Cookies. You can disable this function by changing your browser setting but disabling Cookies may impact your use and enjoyment of the Sites. Not all features or functions of the Sites may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Sites.
The Cookies on our Sites may collect information such as:
- IP addresses assigned to the computers and other devices you use;
- your internet service provider;
- device ID number;
- approximate geographic location;
- browser type;
- Sites pages visited;
- websites you access before and after visiting the Sites, and
- data related to how and when you use the Sites.
Video Content. The Sites contains videos and embedded content provided by Flourish Fit and other parties, including visible content and/or feeds scripts embedded in the Sites’ code. Flourish Fit and such other parties may collect data about how you interact with such content. For example, YouTube may collect usage data on videos embedded on the Sites. Even if you do not watch videos, YouTube may still collect certain information about your interactions with our Sites if you are signed into your YouTube account or Google account when accessing our Sites. YouTube, LLC is owned by Google. Please see Google’s Privacy Policy for more information.
Data from Other Sources.
We obtain data about individuals from various third-party companies, and public sources, and we may combine that data with other Personal Information. This enhances our existing data about our users, improves our ability to contact you, and enhances our marketing capabilities. We also collect Personal Information from third parties, such as financial institutions, to comply with payment, commission, and tax obligations.
How We Use Your Information.
We use Personal Information that we collect for the following purposes:
As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to respond to your questions, comments, or complaints. We may also use Personal Information as requested or consented to by you.
Administration. We use Personal Information for administrative purposes, such as managing your accounts, facilitating transactions, to inform our business strategies, and to understand the Sites’ demographics and user preferences.
Sites Management. We use Personal Information for Sites’ management, such as troubleshooting problems, improving the content and functionality of the Sites and Services, statistical and other analyses of the Sites and Services, and to customize the Sites and Services to you and our users.
Security. We use your Personal Information for validation with fraud detection/ prevention services. We also use your Personal Information for security auditing and review purposes.
Business Analytics. We use analytics, including consumer and operations research, to assess the effectiveness of our Services, sales, online service, marketing, and advertising, and to analyze market trends and (future) customer demand.
To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, our Sites, or to other users of the Sites. We may also use Personal Information to seek business, financial or legal advice, and to respond to other legal requests. We may also use Personal Information to address any claims and counterclaims made pursuant to the Digital Millennium Copyright Act
Cookies. We use Cookies to: (i) make our Sites function properly; (ii) provide personalized experiences; (iii) tailor our interactions with you; (iv) help with our marketing efforts; (v) provide us with valuable data and statistics about the usage and effectiveness of our Sites and to help us improve our Sites; (vii) help us improve our Services; and (viii) secure log-in services.
Retention of Personal Information
We will keep Personal Information for the period necessary to fulfill the purposes described in this Policy, unless a longer retention period is permitted or required by law.
Disclosure of Personal Information
We do not sell, rent or lease Personal Information to any third party for money. We may disclose Personal Information with the following categories of parties, in compliance with applicable laws:
Employees, Affiliates. We may disclose Personal Information with our employees and affiliates who have a need to know the information for our business purposes.
Third Parties and/or Service Providers. We may disclose Personal Information with third parties and/or service providers that provide services for us. We have contracted with our service providers to protect any such Personal Information. For example, we may disclose Personal Information with vendors to help us host and manage the Sites; provide targeted advertising and other marketing; improve the content and functionality of the Sites; perform data analysis and statistical analysis; troubleshoot problems with the Sites; provide payment processing services and online storefronts; and support or provide the security of the Sites.
Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Flourish Fit or any other party.
Professional Advisors. We may disclose Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Flourish Fit.
Change in Ownership. In the event Flourish Fit is the subject of a change of control or in the event the Sites changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s).
Other Users. By submitting a copyright infringement notice, counter-notice or other similar notification, you consent to having that communication forwarded to any person or entity to whom the notice or counter-notice relates to, in order to facilitate a prompt resolution of the copyright infringement claim. Copyright infringement notices and/or counter-notices from you will be treated in accordance with our Terms of Use found here.
Other. We may disclose Personal Information with third parties when explicitly requested by or consented to by you or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).
Use and Disclosure of Non-Personal Information.
Flourish Fit may collect, use, disclose, transfer and otherwise process any information that is not Personal Information and may further process Personal Information to create de-identified and aggregated information. All such information is not subject to this Policy. Flourish Fit is the sole and exclusive owner of such de-identified and aggregated information, including if Flourish Fit de-identifies Personal Information so that it no longer considered Personal Information under applicable laws.
Children’s Information.
The Sites is not directed at children under 18 years of age. We do not knowingly collect, sell, use, or share Personal Information from children under 18. If we obtain actual knowledge that any Personal Information we collect has been provided by a child under the age of 18, we will promptly delete that information. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.
Data Security
We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.
You understand that no data transmission over the internet or device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information, and you provide Personal Information at your own risk.
Social Media
We are active on social media, including Facebook, YouTube, Pinterest, Twitter, LinkedIn, and Instagram (“Social Media”). Anything you post on social media is public information and will not be treated confidentially. We may post (or re-post) on the Sites and our Social Media pages any comments or content that you post on Social Media pages.
Access from Outside the United States
If you access the Sites from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions.
Third-Party Websites
The Sites may link to, or be linked to, websites not controlled by us. We are not responsible for third parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.
Contact Us
If you have questions or concerns regarding this Policy, contact us at:
Flourish Fit LLC
info@flourishfitco.com
___________________________
STATE SPECIFIC PRIVACY RIGHTS
This Section provides additional terms that apply to residents of California, Texas, and Virginia. In the event of a conflict between this Section and the remainder of this Policy, this applicable Section takes precedence for residents of these states.
CALIFORNIA RESIDENTS’ PRIVACY RIGHTS
In this Section only, any capitalized terms not defined in this Policy have the meanings set forth in the California Consumer Privacy Act of 2018, as amended, and including its implementing regulations and subsequent amendments, including the California Privacy Rights Act of 2020 (the “CCPA”).
California Residents Data Rights.
Subject to certain limitations such as (a) exceptions permitted by applicable law and (b) verification of your identity, if you are a California resident, you may exercise the following rights with regard to your Personal Information:
Right to request disclosure of categories. You have a right to request access to the following information: (a) the categories of personal information we collected from you in the 12 month period prior to your request, (b) the categories of sources from which the personal information was collected, (c) the business or commercial purpose for collecting your personal information(d) the categories of third parties with whom we disclosed your personal information; and (e) the categories of personal information we disclosed in the 12 month period prior to who your request. You also have a right to access a list of categories of personal information we sold or disclosed for a business purpose in the last 12 months, if any.
Right to request access. You have a right to request that we disclose to you the specific pieces of Personal Information that we have collected about you in the 12-month period prior to your request and receive a copy of your electronic personal information in a readily usable format.
Right to correct inaccurate data. You have a right to request the correction of Personal Information we collected about you.
Right to deletion. You have a right to request that we delete personal information we collected from you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.
Right to opt-out. You have a right to opt-out of the sale or sharing of personal information.
Sensitive Personal Information. In some circumstances, we may collect sensitive data about you. We will only collect sensitive data with your consent and use it for the purposes disclosed. We do not use or disclose Sensitive Personal Information for purposes that, under applicable law, require us to offer consumers a “Right to Limit” the use or disclosure of sensitive personal information.
Right to Non-Discrimination. California residents have the right to not receive discriminatory treatment for exercising any of their rights under the CCPA. Should you wish to exercise any of your rights as detailed above, we will not discriminate against you by offering you different Services based solely upon your exercise of the above rights.
How to Exercise Your Rights.
To exercise your California rights described in this Section, you may submit your request to us by contacting us at any of the following:
Via email, by emailing: info@flourishfitco.com
Your Rights to Opt-Out of the Sale or Sharing of Personal Information. Flourish Fit does not sell your personal information in exchange for money.
Verifiable Consumer Request. In order to verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request. This information may vary depending on the Personal Information we already have.
We will only use Personal Information we collect during the verification process for the purpose of verifying your identity. If you maintain an account with us, we may use that account to respond to your request and/or verify your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why.
Authorized Agents. You may only make a request to exercise your rights on behalf of yourself, or a parent or legal guardian may make a request on behalf of their child. You also have a right to submit requests to exercise your rights under the CCPA through an authorized agent. If an authorized agent contacts us to exercise the above rights, we will need to verify their identity as well as your identity. We will also require proof of your written authorization to the agent to be your agent and to make the specific request submitted, unless the agent is subject to a Power of Attorney under California probate laws. If the agent is a Power of Attorney under California probate laws, we may require evidence of that status.
When We Will Respond. We will confirm receipt of your request within 10 business days. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.
Retention. We will retain each category of Personal Information listed above for the period necessary to fulfill the purposes described in this Policy, unless a longer retention period is permitted or required by law.
TEXAS RESIDENTS’ PRIVACY RIGHTS
In this Section only, any capitalized terms not defined in this Policy have the meanings set forth in the Texas Data Privacy and Security Act (the “TDPSA”).
Texas Residents Data Rights.
Texas Residents have the right to make the following requests with regard to their Personal Data:
Right to Request Access. You have the right to request confirmation whether or not we are processing your Personal Data and to access such Personal Data.
Right to Data Portability. Subject to certain exemptions, you have the right to receive a copy of the specific pieces of Personal Data that we have collected about you and to have this delivered, free of charge, once per year either (a) by mail, or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.
Request to Delete. The right to request deletion of certain of your Personal Data that we have collected and to have such Personal Data deleted, except where an exemption applies.
Right to Correction. The right to request that we correct inaccuracies in your Personal Data.
How to Exercise Your Rights.
To exercise your rights described in this Section, you may submit your request to us by contacting us at any of the following:
Via email: info@flourishfitco.com Please indicate which state you are submitting your request for by including “Texas Privacy Request” in the subject line.
Authentication of Your Request. Once we receive your request, we will contact you to confirm receipt of your request, unless your request is a “Do-Not-Sell” or “Opt-out” request submitted through our automated processes, if applicable. We will require sufficient information to verify your identity and the authenticity of your request. If you do not provide us with sufficient information, we may request additional information to verify your identity, the identity of the data subject of the request, and the authenticity of the request. Certain types of requests may require additional verification, as we are subject to higher standards of authentication for such requests. We will only use Personal Data we collect during the verification process for the purpose of verifying your identity. We may reject or deny your request as permitted or as required by law.
We will provide information in response to a consumer request free of charge up to twice annually. If a request is manifestly unfounded, excessive, or repetitive, we have the right to charge a reasonable fee to cover the administrative costs of complying with the request or we may decline to act on the request.
Appeal. If we reject or deny your request, you may appeal our decision within 30 days of receiving our denial by responding directly to the communication denying your request or by submitting your appeal to info@flourishfitco.com. If you have concerns about the result of the appeal, you may contact the Texas Attorney General.
VIRGINIA RESIDENTS’ PRIVACY RIGHTS
If you are a Virginia resident, Virginia law requires us to provide you additional disclosures. Terms used in this Virginia Notice have the meaning given to those terms set forth in the Virginia Consumer Data Protection Act (“VCDPA”).
As a Virginia resident, you have the following rights regarding the Personal Information we collect about you:
Right to Know and Request Access. You have the right to request confirmation whether or not we are processing your Personal Information and to access such Personal Information.
Right to Data Portability. You have a right to obtain a copy of your Personal Information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
Right to Request Correction. You have a right to request to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of such Personal Information.
Right to Request Deletion. You have a right to request deletion of Personal Information provided by or obtained about you.
How to Exercise Your Rights.
To exercise your rights described in this Section, you may submit your request to us by contacting us at any of the following:
Via email: info@flourishfitco.com Please indicate which state you are submitting your request for by including “Virginia Privacy Request” in the subject line.
De-identified Data Commitment. We will not attempt to re-identify any de-identified data that we maintain and use.