Privacy Policy

Effective Date: September 10, 2020

This policy has been revised to account for recent changes in California, specifically, the new section on the California Consumer Privacy Act (CCPA). In addition, the sections on Cookie Policy, How Do We Store Your Information and Contacting Us have been updated.

The following Privacy Policy governs the online information collection practices of UpWellness® LLC (“we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using the upwellness.com website (the “Site”), and the ways in which we use this information. This Privacy Policy, including our children’s privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).

Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

How We Collect and Use Information

We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. The Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.

If you provide us with a mobile telephone number in the course of your online registration or online purchasing, you authorize us to use this mobile telephone number to communicate with you by automated or direct text or SMS messaging, to communicate with you regarding an order, to offer and sell other products, and for any other purpose authorized by this Privacy Policy.

We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.

We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appear on the Site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to the Online Privacy Coordinator whose address is listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party’s use of cookies or web beacons or use of your information, you should visit that party’s website and review its privacy policy.

The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

We may also make some content, products and services available through our Site or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.

Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

Google Analytics

We also use Google Analytics Advertiser Features to optimize our business. Advertiser features include:

• Remarketing with Google Analytics
• Google Display Network Impression Reporting
• DoubleClick Platform integrations
• Google Analytics Demographics and Interest Reporting

By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.

You can opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Facebook

As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.

We abide by Facebook’s Data Use Restrictions.

• Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
• We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
• We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
• We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.

Cookie Policy

This website uses cookies. We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. You consent to our cookies if you continue to use our website.

Cookies are small text files that can be used by websites to make a user’s experience more efficient.

This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.

You can at any time change or withdraw your consent from the Cookie Declaration on our website by not clicking on the Accept link on our Cooke Policy banner.

General Data Privacy Regulation (GDPR)

The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.

As a company that markets its site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.

If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.”

To make any of these requests, please let us know using the guidelines set out in the Contacting Us section below.

California Consumer Privacy Act (CCPA)

The CCPA is in effect as of January 1, 2020. As such, our Privacy Policy has been modified to include this section.

Pursuant to CCPA, natural persons who are California residents have certain rights concerning their personal information held by us as described below:

You have the right to request that we disclose what personal information we collect, use, disclose and sell. You may submit a consumer request to know this information by following the guidelines set forth in the Contacting Us section below. In order to verify your request, we will ask you to provide your name, e-mail address and certain other pieces of identifying information. Once you have submitted this information and any necessary supporting documentation, we will confirm the information by reviewing it against our records.

Please be advised that we have a policy not to sell your personal information. In addition, we do not have any future plans to sell personal information. As such, we have not included a Do Not Sell My Personal Information page as per CCPA guidelines that would apply to companies that are in the business of selling personal information. Regardless, we welcome any communication on this or anything within this Privacy Policy.

Category of Collection Source / Category of Personal Information:

E-mail optin: First name, last name, e-mail address
Surveys and quizzes: First name, last name, e-mail address, age range and gender
Order placement: First name, last name, e-mail address, mailing address, billing address (if different), phone number

Business and/or Commercial Purpose for Collection:

We collect e-mails to maintain a list of contacts that we can periodically send out e-mails with information and promotional offers that we feel might be of interest or beneficial to you. All e-mails include the option for the recipient to Manage Subscriptions, including removing themselves from e-mail list(s).

We collect order information in order to fulfill the requested order and to add to our e-mail list.

Categories of Third-Party Recipients:

In some instances, we co-register an offer with a 3rd party, in these situations you are able to see the co-registered company or companies and you may elect not to provide your personal information to us. In the cases where you do, and there is a co-registration, your personal information will be shared with these co-registrants / 3rd parties. These 3rd party companies are in good faith using your personal information in turn to provide offers they believe would be beneficial or of interest to you.

Business and/or Commercial Purposes for Disclosing:

While we offer 3rd party companies the opportunity to include promotional information on our website and through e-mails we send out, unless you, as the recipient of this information, takes a specific action, like clicking a link in an e-mail or clicking a link on a website, we will not share your personal information.

Right to Request Deletion of Personal Information

You have the right to request the deletion of your personal information collected or maintained by us. You may submit a consumer request to delete this information by following the guidelines for Contacting Us in the section so named below.

In order to verify your request, we will ask you to provider your name, e-mail address, and certain other pieces of identifying information. Once you have submitted this information and any necessary supporting documentation, we will confirm the information by reviewing it against our records and any other third-party systems as appropriate.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have the right not to receive discriminatory treatment by us for exercising the privacy rights granted by the CCPA.

We do not and will sell personal information of any consumer (including personal information of minors under 16 years of age).

In order to exercise the rights described above, you may designate an authorized agent to make request under the CCPA on your behalf.

Children’s Privacy Statement

This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.

• This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.

How Do We Store Your Information?

Your information is stored in one of three locations:

1. At the list server that delivers the Site content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive the Site material. All of the messaging or e-mails that are sent to you by the Site include a Manage Subscription link in them. You can remove yourself at any time from our mailing list by clicking on this link that can be found in every communication that we send you;
2. In our secure 3rd party shopping cart which we use to help us fulfill your order; and
3. In our secure customer information system, to help you access your order information, and look up your order in cases where customer service is required.

Disclaimer

This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website along with the new Effective Date.

Contacting Us

If you have any concerns or a question about our Privacy Policy, we provide you three ways to contact us as follows:

1. By phone, call: 800-876-2196 – please let our Customer Service Agent know you are calling with a concern or question about our Privacy Policy.
2. By e-mail, sent to privacy@upwellness.com – you must include in the subject of the e-mail the phrase PRIVACY POLICY if you have any concerns or questions with our privacy policy or to make a request in accordance with your rights as a user. Please remember to include your question or concern in the body of the e-mail.
3. By mail, sent to:
   UpWellness LLC
   Attn: Privacy Officer
   4300 S US Hwy 1 Ste 203-208
   Jupiter, FL USA 33477
   Please include the question or concern you have inside the letter you send as well as how you would like us to contact you.

In the case of e-mail or mail contacts, please allow us up to 10 days from receipt of your request to provide an initial response. We are committed to resolving your question or concern within 30 days of receipt of your request (in any of the above three incoming forms).

In order to express a concern you are required to contact us and bring it to our attention in one of the three ways listed above.