The terms and conditions in this Privacy Statement (this “Privacy Statement”) constitute a legal agreement between you and Liv Labs, Inc., a Delaware corporation (“Liv Labs” or “we”).

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PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEB SITE, https://livlabsfitness.com/ (the “Site”). This Privacy Statement describes the collection, treatment and security of information provided to or collected on the Site and applications related to the Site. The Site is offered to you conditioned on your acceptance without modification of the Terms of Use (the “User Agreement”), located at https://www.livlabsfitness.com/terms and which incorporates this Privacy Statement by reference. By accessing or using this Site, you agree to this Privacy Statement and the User Agreement. If you do not agree to this Privacy Statement or the User Agreement, do not use this Site. The term “you” refers to you, and the terms “User” and “Users” refer to you and/or all individuals and other persons or entities who access or use the Site, as the context may require.

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1.              How We Collect Your Information 

As further described below, we collect information about you in many ways from many places. Some of the information we collect may include personal information that can be used to identify you; for example, your name, email address, telephone number, or postal address. In some countries like those in the European Union, things like IP address or cookie and mobile device identifiers may also be considered personal information.

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1.1.         You Provide it to Us. You give us your information when signing up for an account on the Site or through a Google Form, purchasing products through the Site, using an Integrated Service (as defined in the User Agreement), making a Submission (as defined in the User Agreement), responding to surveys, or by calling or emailing us or otherwise interacting with us or the Site by any means. We may ask for things like your name, email or home address, date of birth, payment information, your age, gender, the number of people in your family, and the way you want us to send you information about our products and services—for example, to your home address, email address, or by texting you.

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1.2.         From the Site and Emails. We may use technologies that automatically collect information when you visit our Site, view our advertisements, or use our products or services. For example, we use cookies (a file stored on your computer’s browser) to tell us what browser and operating system you are using, your IP address, web pages you visit, links you click, or whether you have or have not opened an email from us. We may also use flash cookies, pixels, software development kits, app program interfaces and other technologies to track your use of the Site, whether or not you are logged in or registered.

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1.3.         From Internet Connected Devices. To give you the best possible User experience, we may use technologies that collect information from your device when you access the Site from “smart” devices or your mobile device. You consent to this when accessing the Site by means of such a device. This information could include your mobile phone or other device advertising ID, information about your phone’s or device’s operating system, how you use the device, and your physical location. You will get a pop up notice on your phone or device that gives you the option to accept or reject allowing us to know your precise geolocation (exactly where you are standing or where you are accessing the internet).

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1.4.         From Other Places. We may get information about you that third parties share with or sell to us. For example, you may have given consent for a third party to share your personal information with us when you signed up for telecom services or a retailer loyalty points program. We may also collect information from places that you know everyone can see, such as from internet postings, blog entries, videos, or social media sites. We may also receive information from third parties who are in the business of collecting or aggregating information about you sourced from publicly available databases or from consent you have given to their use and subsequently our use of your information. This might be information about your income level, age, gender, number of people in your family, and products you have bought on the internet or from stores in your neighborhood. Please keep in mind that when you provide information to us on a third party site or platform, the information you provide may be separately collected by that site or platform. The information we collect is covered by this Privacy Statement, and the information the third party site or platform collects is subject to the third party site or platform’s privacy policies. Privacy choices you have made on the third party site or platform will not apply to our use of the information we have collected directly through the Site. As further described in the User Agreement, we encourage you to be aware when you leave the Site and to read the privacy policies and terms of use of other sites that may collect your personal information.

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2.          What Information We Collect 

We collect two basic types of information – personal information and anonymous information. We may use these types of information to create aggregate information. For example, we collect (a) registration information you provide when you create a Site account, enter a promotion or link your profile on an Integrated Service, such as your first and last name, country of residence, gender, date of birth, email address, phone number, username and password, (b) transaction information you provide when you request information, contact us, or purchase a product or service form us, such as your address, telephone number and payment information, (c) information you provide in Submissions, (d) information sent either one-to-one or within a limited group using any message, chat, post or similar functionality that may be available on the Site from time to time, where applicable law permits us to collect such information, (e) information we obtain from a third party as described in Section 1.4, (f) location information, including location information provided by a mobile or other device interacting with the Site or associated with your IP address, where applicable law permits us to collect such information, (f) activity information about your use of the Site, such as the content you view or post, how often you use the Site and your preferences, and (g) usage, viewing, technical and device data gathered when you visit the Site, use our mobile version of our Site, or third party sites and platforms, or open emails we send, including your browser or device type, unique device identifier and IP address.

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3.              How We Use Your Information

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3.1.         As the “data controller” of your information, we are responsible for and may use your information as described in this Privacy Statement. We use your information to help us meet our purpose of touching and improving the lives of people like you every day around the world. We use your information to respond to your questions or requests for information, communicate with you about your account or transactions with us, send you information or request feedback about features on the Site or changes to our policies, send you offers or promotions for our products and services or those of third parties, personalize content and experiences, provide you with targeted advertising based on your activity on the Site and on Integrated Services or other third party sites, send you products or samples you have requested or purchased, help you manage your site or app preferences, allow you to enter our contests or sweepstakes, process your payment for the products you buy from us or fulfill any other purpose for which you have provided it. We may also use your non-personal information (e.g., purchase data, sample requests, etc.) in consumer research or analytics (or personal information when you have consented to participate in such research) to learn more about what consumers want so that we can make new products or improve the ones we already have. Your information may also be used for other internal business purposes, such as to operate and improve upon our business and lawful business activities, to maintain our programs, accounts and records, for research, to determine your satisfaction with products and services, to detect and prevent fraud or misuse of the Site, or for any other business purpose permitted by applicable law.

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3.2.         Another way we use your information is to make sure that what you hear from us is relevant and useful to you as an individual. When we do this, we will use your information (a cookie ID or device ID) to limit the number of times you see the same advertisement from us. We also use your information for personalization of your experience on the Site more generally, to remember your interests and preferences, customize products and services we share with you, facilitate your interactions with us, track and categorize your activity and interests on the Site and to enrich your experience on the Site.

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3.3.         We may also use aggregate information from many people without identifying any individuals to better understand how our Site is being used or to study consumer habits so that we can make products and offer services that meet the needs of all consumers sharing some of the same things in common or operate, understand, optimize, develop or improve the Site and any applications. We also use this information to detect, investigate and prevent activities that violate our User Agreement or other policies in effect from time to time. Use of such non-personal information in this way helps to safeguard your privacy. We will always try to use non-personal information whenever possible for this reason.

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3.4.         To further protect your privacy, we will also use the least amount of information we can to accomplish the task at hand, put measures in place to prevent mixing information in ways that would allow cookie and device IDs to specifically and directly identify you (e.g., by name), and delete your information when we no longer need it for our business purposes.

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3.5.         We also use your information for legal and safety purposes, such as to defend or protect us, our customers, you or third parties from harm or in legal proceedings, protect our rights, protect our security and the security of our customers, employees and property, to respond to court orders, lawsuits, subpoenas and government requests, address legal and regulatory compliance and notify you of product recalls or safety issues.

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3.6.         Processing and Retention. As a general rule, we keep your data for only so long as it is needed to complete the purpose for which it was collected or as required by law. We may need to keep your data for longer than our specified retention periods to honor your requests, including to continue keeping you opted out of marketing emails, or to comply with legal or other obligations. Your personal information may further be transferred to, stored and processed in a country other than the one in which it was collected. For example, we may store your data on a server in the United States because that is where a particular database is hosted, and that data may be transferred again when one of our marketers accesses that data from another country to send you a product sample.

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4.              Security Measures 

We respect your personal information and take steps to protect it from loss, misuse, or alteration. Where appropriate, these steps can include technical measures like firewalls, intrusion detection and prevention systems, unique and complex passwords, and encryption. We also use organizational and physical measures such as training staff on data processing obligations, identification of data incidents and risks, restricting staff access to your personal information, and ensuring physical security including appropriately securing documents when not being used. Liv Labs takes reasonable and appropriate measures to secure your personal information once we receive it, and to help prevent it from being disclosed to individuals who are not described in this policy. While we follow reasonable procedures to try to protect the information in our possession, no security system is perfect, and we cannot guarantee, and you should not expect, that your information will remain secure in all circumstances. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

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5.            What We Share

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5.1.         With Other Companies. When we have your consent, we may share your information with select partners so they can send you offers, promotions, or ads about products or services we believe you may be interested in, or with Integrated Services. We may share information that does not personally identify you with other companies for any purpose. 

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5.2.         With Service Providers. We may need to share your information with service providers who help us run our business, including hosting our site, delivering our emails to you, analyzing the data we collect, and sending you the products and services you requested. We share only the personal information needed for these service providers to complete the tasks we request. They are required to protect your information in the same way we do and are not permitted to share it or use it for any other purpose; however, we do not control such third parties and are not responsible for any misuse of your information by them.

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5.3.         Other Situations. If a brand or one of our businesses with which you’ve shared personal data is sold to another company, your data will be shared with that company. As a result, your account and the personal data in it will not be deleted unless you tell the brand or new company that you want it deleted. We may also share your information with companies who help us protect our rights and property, or when required by law or government authorities. Please note that once we share your personal information with a third party, the information received by the third party is controlled by that third party and becomes subject to the third party’s privacy practices and policies.

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6.            Your Rights and Choices

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6.1.         Account. You may correct, update or delete your registered account at any time.

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6.2.         Marketing. You may change your preferences for subscriptions, newsletters and alerts at any time. You can tell us to stop sending you email and text or WhatsApp messages by following the opt-out instructions sent with these communications. You can also choose to stop receiving marketing email, SMS, or postal mailings by emailing your request to liv@livlabsfitness.com. While we will honor your choices, we may need to keep information to do so. For example, if you tell us to stop sending marketing emails, we will need your email address on file so that our systems remember that you no longer wish to receive marketing communications to that email address. 

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6.3.         General Requests. To make a request with respect to personal data used for marketing, which would include, for example, information you provided us as you registered through the Site, please contact us at liv@livlabsfitness.com.

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6.4.         Media Advertising. To make a request with respect to personal data used for advertising, which would include, for example, information we may have about you at a cookie or device ID level and which we use to provide you with relevant ads, please contact us at liv@livlabsfitness.com. There may also be data associated with your cookie or device ID in our demand-side (or ad-serving) and ad verification partner platforms.

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6.5.         Consumer Research. To make a request with respect to personal data we may have as part of your participation in one of our research studies, please see the contact information provided on your consent form or call or visit your research center.

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6.6.         Deletion. You may request access to the personal information we hold about you and that we amend or delete it.

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6.7.         Exercising these Rights. You may exercise these rights and choices in various ways as directed on the Site, including by visiting the privacy controls settings in your registration account, contacting us, following instructions in communications sent to you, or by using your device or other available settings. Please be aware that if you do not allow us to collect personal information about you, we may not be able to deliver certain products and services to you and some of our services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate.

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7.              Cookies

Cookies are small files sent to your computer as you surf the web.  They store useful information about how you interact with the websites you visit.  Cookies do not collect any information stored on your computer or device or in your files.  Cookies do not contain any information that would directly identify you as a person.  Cookies show your computer and device only as randomly assigned numbers and letters (e.g., cookie ID ABC12345) and never as, for example, John E. Smith. We use cookies for a number of reasons, including, without limitation, to serve you with relevant advertising; to learn more about the way you interact with our content; help us improve your experience when visiting our Site; to remember your preferences, such as a language or a region, so there is no need for you to customize the website on each visit; to identify errors and resolve them; and to analyze how well our site is performing.

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7.1.         Types of Cookies We Use.

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(a)            Session Cookies. Webpages have no memory. Session cookies remember you (using a randomly generated ID like: ABC12345) as you move from page to page so that you don’t get asked to provide the same information you’ve already given on the Site. For example, session cookies ensure that the items you place in your shopping cart do not disappear by the time you reach the checkout. These cookies are deleted as soon as you leave our Site or close your browser.

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(b)           Persistent Cookies. Persistent cookies allow sites to remember what you prefer when you come back again. For example, if you choose to read the Site in French on your first visit, the next time you come back the Site will appear automatically in French. Not having to select a language preference every time makes it more convenient, more efficient, and user-friendly for you.

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(c)            Advertising Cookies. These cookies can be used to learn about what interests you generally might have, based, for example, on the websites you visit and the products you buy. This can also help us infer things about you such your age or marital status. That data allows us to send you ads for products and services that better fit the things you like or need. It also allows us to limit the number of times you see the same advertisement.

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(d)           Analytics Cookies. These cookies tell us how our Site is working. In many cases, we use Google analytics cookies to monitor the performance of our Site. Our ability to use and share information collected by Google Analytics about your visits to our Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

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7.2.         How You can Control Cookies. You can set your browser to refuse all cookies or to indicate when a cookie is being sent to your computer. However, this may prevent our Site or services from working properly. You can also set your browser to delete cookies every time you finish browsing.

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7.3.         Other Technologies.

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(a)            Reserved.

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(b)           Pixels. These are small objects embedded into a web page, but are not visible. They are also known as “tags,” “web bugs,” or “pixel gifs.” We use pixels to deliver cookies to your computer, monitor our Site activity, make logging into our Site easier, and for online marketing activity. We also include pixels in our promotional email messages or newsletters to determine whether you open and act on them.

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8.            Interest-Based Advertising

When you visit our partner sites, if any, we can show you ads or other content we believe you would like to see. In this way, we intend to send you relevant information about our products that might be of benefit to you.

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8.1.         We Learn from Groups of Consumers Sharing Similar Interests. We may place you into a particular group of consumers who show the same interests. We notice these things about you as you look at web pages, click links on our Site and other websites you visit, mobile applications you use, or our brand emails you view and links you click in the emails. We group together cookie and device IDs to help us learn about general trends, habits, or characteristics from a group of consumers who all act similarly online and/or offline. By doing this, we can find and serve many others who “look like” those already in the group and thereby send them what we believe will be relevant and beneficial product offers and information.

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8.2.         We Link Other Information to Your Cookie and Device IDs. Your cookie and device IDs may be supplemented with other information, such as information about the products you buy offline or information that you provide directly to us when creating an account on our Site. We generally do this in ways that will not directly personally identify you. Should we ever want to personally identify your cookie or device information (web and app viewing history), we will always ask you before doing so.

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8.3.         We May Know You Across All of Your Computers, Tablets, Phones and Devices. We may know that cookie ID ABC12345 is from a computer that that may be connected to the same person or household owning the mobile phone with device ID EFG15647. We might assume or deduce that the same person owns the computer and phone because, for example, they sign on to the same WiFi network every day at the same time. Understanding what devices seem to be used by a person or household helps us limit the number of times you see the same ad across all of your devices.

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8.4.         How You Can Stop Receiving Interest-Based Ads. To stop receiving Liv Labs interest-based advertising, you can click email liv@livlabsfitness.com. You can also prevent getting interest-based ads on websites by declining cookies in your browser(s), declining the “access to data” requests that apps usually present when you install them, or by adjusting the ad tracking settings on your device.

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8.5.         You Will Still See “Contextual” Ads Even If You Opt Out of Interest-based Ads. Even if we stop sending you interest-based ads, you will still get ads from our brands on your computer or mobile devices. These ads, however, are based on the context of the sites you visit and are called contextual ads. Unlike interest-based ads which are based on pages you visit on your mobile phone or computer viewing activities, contextual ads are ads shown to you based on the context of the specific site you are visiting. You should also know that we may still collect information from your computer or devices and use it for other purposes like evaluating how our Site works, for consumer research, or detecting fraud.

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8.6.         Deleting Cookies Also Deletes Your Opt Out. When you opt out of interest-based advertising, we send an opt-out cookie to your browser that tells us that you no longer want to receive interest-based ads from us. Your opt-out cookie will be deleted if you decide to delete all cookies. This means that you will need to opt-out again if you still do not want to receive interest-based ads.

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9.            Site and App Content

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9.1.         Plugins. Our Site may include plugins from Integrated Services. These plugins may collect information (e.g., the url of the page you visited) and send it back to the company that created them. This may happen even if you do not click on the plugin. These plugins are governed by the privacy policy and terms of the company that created them, even though they appear on our Site. These plug-ins are non-essential cookies.

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9.2.         Logins. Our Site may allow you to log in using an Integrated Service. When you do this, we will have access only to the information that you have given us consent to receive from your account settings in the other Integrated Service’s account you’re using to log in with.

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9.3.         User Content. Our Site will allow you to upload Submissions. Please remember that any information you submit or post becomes public information. We do not have control over how others may use the content you submit to our Site. We are not responsible for such uses in ways that may violate this Privacy Statement, the law, or your personal privacy and safety. Please consult the User Agreement for further information regarding Submission requirements.

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9.4.         Links. The Site may include links to other sites, which we do not control. Those sites will be governed by their own privacy policies and terms, not ours.

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10.         Children’s Privacy

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10.1.      Children’s Online Privacy Laws. We follow all applicable data protection laws when collecting personal information online from children. Liv Labs is committed to protecting the online privacy of children and making the internet safe. We do not provide products and services to children, or knowingly collect or solicit personal information from children under 13 years of age. Any communication we get that is identified as being from a child under 13 will not be kept by Liv Labs. We encourage parents or guardians of children under 13 to regularly check and monitor their children’s use of email and other activities online.

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10.2.      California Notice for Minors. We may offer interactive services which allow teens under the age of 18 to upload their own content (e.g., videos, comments, status updates, or pictures). This content can be removed or deleted any time by following the instructions on our Site. Be aware that such posts may have been copied, forwarded, or posted elsewhere by others and we are not responsible for any such actions. You will, in such cases, have to contact other site owners to request removal of your content.

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11.           Notice to California Residents

If you are a California resident, California Civil Code Section 1798.83 permits you to request a notice regarding the disclosure of your personal information by Liv Labs to partners for the partners’ direct marketing purposes. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

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Liv Labs, Inc.

Attn: Legal Department

1415 Lake Avenue, Ste. 2

Wilmette, IL. 60091-1630

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12.           Changes to the Privacy Statement

From time to time, Liv Labs may discontinue, add to, remove from or otherwise change this Privacy Statement, in each case at its sole discretion. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing this Privacy Statement. Your continued use of the Site following the posting of changes to this Privacy Statement indicates your acceptance of those revisions. You agree that posting of any updates to our Site constitutes acceptable notice to you of such updates and satisfies any legal requirement that such communications be in writing. 

 

Last Updated: July 29, 2019

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